The Send Law Company

09/10/2026

Had the absolute pleasure of speaking to Natalie from Fight School Fines today . What an amazing lady we spoke for 2 hours ! All about the education system and attendance penalty notices !! They need to go they do NOT work!!

08/10/2026

An issue for many...

What happens when a school separates a child from their peers?

We have already heard these concerns arise just a few weeks into the new school year. Our latest article looks at when schools can and cannot separate pupils, and the legal duties schools must consider when making these decisions.

Read more 👉️ https://www.ipsea.org.uk/news/schools-must-use-separation-powers-lawfully

07/10/2026

Hi all Emma here after a difficult week last week I must admit shed a tear when I received this email.
They say not to let things get to you as a lawyer but how can they not, especially as I am a SEN parent myself I really get the battle !!!

'Hi Emma, Hope you are well.

Well, here it is at long last after an 11 month battle…, ****** EHCP with an independent specialist school named in Section I!!

Thank you so much for all your fantastic help. ********now has the KS4 and KS5 provision needed and deserves. ***** starts on Monday!'

27/09/2026

Listen to Emma on her first podcast discussing S444 prosecutions with the SEND network !

https://open.spotify.com/s/ZbX3CAK

The SEND Network Podcast · Episode

22/09/2026

Extremely pleased to confirm another LA has agreed the withdrawal of a S444 penalty notice against a parent regarding the low attendance of their child who had significant mental health needs.

This was the quickest withdrawal ever which was confirmed within 24 hours of Emma's email being sent over. **

The withdrawal request outlined;

1. Sickness or unavoidable cause: serious school-specific anxiety affecting attendance

2. NHS mental-health evidence, including anxiety, distress and suicidal comments

3. Disability-related barriers to attendance and Equality Act considerations

4. Reasonable adjustments and support that were ineffective, inconsistent or not fully delivered

5. Parents repeated efforts to obtain counselling, referrals, medical evidence and school support

6. This was not a holiday, ordinary truancy or parental indifference case

7. The prosecution statement did not address the full health, disability and support evidence

8. No continuing public-interest or preventative purpose in a retrospective prosecution

Please get in touch if you are a parent/ carer facing a penalty notice / court summons

[email protected]

** Emma completed her LLM dissertation in 2023 around attendance law and the need for reform.

18/09/2026

Good Morning

An update from our director Emma on the type of cases we have been dealing with over the last few weeks.

Her words towards the end of this video may resonate ..

Never worry about becoming upset during consultation

We all understand ...

14/09/2026

Several consent orders granted over the last few days meaning no need for tribunal hearing which is fantastic. Just a shame parents where put through the process and waiting so long for this to all be agreed !

Remember if facing a long wait for your hearing you can ask the SEND Tribunal to list the appeal earlier or hold an urgent case-management hearing.

1.Submit a SEND7 “Request for change” form asking for an earlier hearing date and/or urgent case management. SEND7 form

2. Explain the urgency clearly: the child is out of education, is deteriorating, the current placement cannot meet need, and waiting risks further educational and mental-health harm.

3. Attach short evidence: attendance data, a chronology, school/LA emails, medical/SEND evidence, the EHCP, and confirmation of what education—if any—the child is currently receiving.

4. Ask the LA whether it agrees to an earlier hearing and provide its response in the SEND7. If a hearing date is being changed, include three dates when both parties can attend. SEND7 guidance notes

5. Confirm availability for any cancellation date. If the appeal has not yet been registered, tick the option requesting an earlier hearing if one becomes available. SEND35 appeal form

6. Do not rely on the Tribunal alone for immediate education. At the same time, continue pressing the LA for interim provision under s.19 Education Act 1996. The child being out of education is a strong reason to seek an expedited Tribunal process, but s.19 provision should be pursued now.

If you need any help with this please email us on [email protected].

13/09/2026

Parents often have some 'medical evidence' but what can you do when either the school or LA ignores/does not accept this:

1. A GP letter does not have to use the words “the child is allowed off school” to be relevant. A GP does not formally authorise school absence—the school records the absence—but the school and LA must properly consider the medical evidence and the child’s actual ability to access school.

Parents should:

Ask for a written decision.
Ask the school/LA to explain why it is refusing to accept the GP’s evidence, what further evidence it says is needed, why it is necessary, and what it will do to keep the child safe and educated.

2. Ask the GP for a short clarification, if possible.
The most helpful wording focuses on functional impact, for example:

the child is experiencing significant anxiety;
anxiety currently affects their ability to leave home, travel, enter the school site, or remain in class;
attendance may worsen their mental health or create a safeguarding risk;
the child needs adjustments, a gradual plan, or alternative provision while support is put in place.
The GP does not need to “sign the child off school” for this to be useful evidence.

3. Do not accept constantly changing evidence demands.

Put every request in writing and keep a dated record. Ask the school/LA to identify its final, reasonable evidential requirements instead of moving the goalposts after each document is provided.

4. Request an urgent meeting and a written plan.

Ask for the headteacher, SENCO, safeguarding lead and LA attendance/SEND officer to agree adjustments, risk management, therapeutic support, a phased return where safe, and review dates.

5. Raise disability and SEND.

If anxiety is connected to autism, ADHD or other SEND, ask what reasonable adjustments have been considered. The issue should not be treated simply as parental non-compliance where the child cannot access school because their needs are unmet.

6. Request s.19 provision from the LA if absence is prolonged.

If the child cannot access school and is not receiving suitable education, require the LA to confirm what education it will arrange under s.19 Education Act 1996, rather than simply recording ongoing unauthorised absence.

7. Reply to any fine or enforcement threat immediately.

State that the parent is not refusing education; the child is currently unable to access school because of mental-health and disability-related needs, supported by GP evidence, and the parent is asking for safe support and suitable education.

A useful short wording is:

"The GP evidence confirms that [child] is experiencing anxiety which materially affects their ability to access school. The absence must not be treated as simple parental non-compliance. Please provide, in writing, your reasons for rejecting this evidence, the precise further evidence required, the reasonable adjustments considered, and the education/support to be put in place while [child] is unable to attend safely."

07/09/2026

If a child cannot attend because of anxiety, mental-health illness, autism, ADHD, unmet SEND or disability-related needs, they should not be left without education simply because they remain on a school roll.

1. Ask the LA to confirm its s.19 position.
If a child cannot attend because of illness or other reasons and would otherwise lack suitable education, the LA must arrange suitable education. This can apply even if the child remains registered at school. Education Act 1996, s.19.

2. Do not wait for a diagnosis or GP letter.
The LA must consider the individual evidence. It should not apply a blanket requirement for CAMHS involvement, a diagnosis or medical evidence before considering alternative provision.

3. Request urgent interim education.
Provision must be suitable for the child’s age, ability and SEND. It should normally be full-time, unless part-time is in the child’s best interests because of physical or mental health. Education Act 1996, s.19(3A)–(3AA), (6).

4. Ask for written reasons.
Ask whether the LA accepts the child cannot access school; what evidence it considered; what provision it will arrange, including provider, hours and start date; and why any part-time provision is appropriate.

5. Raise SEND and Equality Act duties.
Autism, ADHD and serious mental-health difficulties may amount to disabilities. Schools must consider reasonable adjustments, and the LA must consider disability-related disadvantage when making education or enforcement decisions. Equality Act 2010, ss.6, 85 and 149.

6. If the school says it cannot meet need, ask what it has tried.
Ask which adjustments were considered and implemented, why they failed, and what alternative education or support is now proposed. This should lead to action, not simply attendance enforcement.

7. Consider EHC action.
Parents may request an EHC needs assessment if an EHCP may be needed. If an EHCP already exists, the LA must secure the specified provision. Children and Families Act 2014, ss.36 and 42.

8.Keep an evidence bundle.
Keep a chronology, attendance records, correspondence, medical evidence where available, SEND documents, adjustment requests and evidence of the child’s functional inability to attend.

9.Reply to enforcement letters.
Explain in writing that the absence relates to illness and/or unmet SEND, that the parent is seeking suitable education, and that the LA has been asked to comply with s.19.

10. Escalate persistent inaction.
Use the LA complaint process, but seek urgent public-law advice about a pre-action letter or judicial review where a child remains without suitable education. A SEND Tribunal appeal may address EHCP issues but does not necessarily remedy a separate s.19 failure.

21/05/2026

Hi everyone it’s Emma !

Shall I start doing weekly Dear Bridget videos ?!

Department for EducationBridget Phillipson