Solicitors with expertise in disability and SEN cases
by stevebroach
Updated 29 June 2022
I am often asked to recommend solicitors for SEN and disability cases. The following is a list of solicitors’ firms with whom I’ve worked and who I know have good expertise in SEN and disability issues. Most of these firms offer legal aid and will be able to advise disabled people and families about eligibility for public funding. Most can help with judicial review cases and most advise and represent people in the First-tier Tribunal and Upper Tribunal (education appeals) and the Court of Protection (Mental Capacity Act cases). However not every firm does every type of case. If in doubt, check the website or call the new enquiries number for the firm to ask.
I have also added some firms at the end who do not offer legal aid but can be instructed privately by those who are able to pay. I understand that this will not be relevant to most disabled people or families but provide information about these firms to set out the widest possible range of options. Individuals who are not eligible for legal aid can also consider applying to the Rook Irwin Sweeney Social Justice Fund.
I am not formally recommending these firms – because I can’t, I only know their work from my perspective as a barrister at the other end of the telescope from the client. The best recommendations will come from disabled people and families who have used solicitors as clients – so ask around if you are in need of legal advice.
Some of these firms have offices around the country, others have just one office. Where the firm has a particular regional focus I have noted this. However geographical location isn’t as important as the right expertise, particularly as so much work is done online these days. You should be able to find out about each firm from their website, including any restrictions on the areas they serve.
Importantly, to access legal aid for SENDIST appeals you will need to go through the telephone gateway – 0345 345 4345. NB – only ‘legal help’ is funded for SENDIST (not representation) and the legal aid assessment is based on parental means. It is possible to make an application for ‘exceptional funding’ so that legal aid covers representation at SENDIST – you would need to discuss this with a specialist solicitor.
If a firm isn’t on this list, it may be that I simply haven’t had the chance to work with them yet. Please post any recommendations for further firms in the comments section below.
As well as specialist solicitors, advice is available from organisations such as IPSEA and SOS!SEN, from the Contact helpline and from impairment-specific organisations like the National Autistic Society. Families across the country can also access advice and support from their local Independent Advice and Support Service (IASS) (link is to a very helpful map on the Council for Disabled Children website which has contact details for the IASS in every council). However it is important to keep in mind that for cases which need to go to the High Court via an application for judicial review a legal aid solicitor will be required, unless private funding is available or the claimant(s) are able to crowdfunding, for example by using CrowdJustice.
Final point – the list is in alphabetical order to avoid any accusations of favouritism by the firms I work with!
Legal aid solicitors with expertise in SEN and disability cases
- Bindmans – http://www.bindmans.com/. On Twitter @BindmansLLP
- Clarke Willmott – http://www.clarkewillmott.com/. On Twitter @CWCoP
- Coram Children’s Legal Centre (issues relating to children and young people re SEN and care leavers ) – http://www.childrenslegalcentre.com/. On Twitter @CCLCUK
- Deighton Pierce Glynn – http://www.dpglaw.co.uk/. On Twitter @dpg_law
- Disability Law Service – http://www.dls.org.uk/. On Twitter @DLS_Law.
- Irwin Mitchell – http://www.irwinmitchell.com/personal/protecting-your-rights. On Twitter @IMPublicLaw
- Just for Kids Law (London – issues relating to children and care leavers only) – http://www.justforkidslaw.org/. On Twitter @Justforkidslaw
- Lawstop – https://www.lawstop.co.uk/. On Twitter @LawstopUK
- Leigh Day – http://www.leighday.co.uk/. On Twitter @LeighDay_Law
- Mackintosh Law (issues relating to mental capacity and community care) – http://macklaw.co.uk/. On Twitter @macklawlondon.
- SCOMO – http://www.scomo.com/. On Twitter @ScottMoncrieff
- Simpson Millar – https://www.simpsonmillar.co.uk on Twitter @Simpson_millar
Firms without legal aid contracts
- Boyes Turner – www.boyesturner.com. On Twitter @bt_sen1
- HCB Solicitors (Ed Duff) – www.hcbgroup.com. On Twitter @SEN_advice (Ed’s personal account)
- Martin Searle – www.ms-solicitors.co.uk. On Twitter @ms_solicitors
- Rook Irwin Sweeney – https://rookirwinsweeney.co.uk/. On Twitter @ris_law
- Sen Legal – www.senlegal.co.uk. On Twitter @SENLegalltd
rightsinreality 
[…] Source: Solicitors with expertise in disability and SEN cases […]
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[…] be sufficient to make sure this happens in every case. Where it doesn’t, I suggest families get legal advice. We cannot continue to let this be yet another area where legal rights and everyday reality are so […]
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The problem is that parents And others aren’t able to use many of these lawyers and firms if they need legal aid, as the LAA has only given two firms in the uk the contract for taking cases to tribunal!
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Good point about Tribunal appeals – although I think it’s three firms, Maxwell Gillott, Coram Children’s Legal Centre and Tower Hamlets Law Centre.
HOWEVER these restrictions don’t apply to judicial review – meaning all these firms can help via legal aid with everything else – all social care and health cases and very many education cases. The Tribunal only hears specific appeals about statements / Plans – refusal to assess, refusal to issue, contents. Everything else is judicial review.
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[…] transport policies or proposed cuts to services which may be unlawful should seek advice from a specialist solicitor as soon as […]
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I took the local authority to court a judicial review, as my child is entitled to Ed Otherwise Than At School due to a medical condition and he has not been in school for 16 months, but the judge ruled that I had to take my case to tribunal!!
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I’m sorry you had a bad experience of judicial review. The system is far from perfect. All I can say is that in my experience the vast majority of families end up in a better position after a judicial review case than they were before – but sadly not true for all.
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Thanks for the recommendation Steve 🙂
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Thanks for providing a vital service to vulnerable children, young people and families!
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[…] – for which legal aid may well be available. If you think you have such a challenge consult a specialist solicitor as soon as […]
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[…] I will address those which are not case specific. For case specific issues I suggest contacting a specialist solicitor. While low level disputes around direct payments should be resolved through the local authority […]
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[…] of these solicitors with expertise in SEN and disability cases should be interested in talking to disabled people and families affected by proposed cuts about […]
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[…] In short then, the Supreme Court’s judgment in Moseley sets up more successful consultation challenges, both generally and specifically in the cuts context. This is yet further reason why judicial review is such an important means for disabled people and other heavy users of public services to assert their rights. Anyone who considers that a current, future or recently concluded consultation may be unlawful after Moseley should seek specialist legal advice. […]
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[…] groups can and should respond to the consultations. But I also suggest legal advice is taken from specialist solicitors at an early stage – because challenges to financial decisions need to be brought even more […]
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[…] are some lawyers who may be able to help you go to court. They can tell you about legal aid to pay for the costs of […]
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[…] whether the person themselves, a friend, advocate or family member. They then need access to a specialist solicitor. Legal aid will have to be obtained (ever more difficult) or another way of funding the challenge […]
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[…] to these questions, or are unhappy with the answers coming back, then the next step may be to consult a specialist solicitor who can advise on whether there may be a challenge via judicial review. It is essential that any […]
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[…] And, whilst in recent years the number of lawyers working in legal aid has reduced significantly, there remains a small but dedicated community of solicitors and barristers working in this field. See here for a non-exhaustive list of specialist solicitors. […]
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[…] this post leads you to want to consider challenging cuts in your area, you may want to contact a specialist solicitor – and you will need to move quickly, as if funding is to be restored a judicial review would […]
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[…] about cuts in their area which may breach one or more of these sufficiency duties will need to get advice […]
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[…] It is obvious that all of these duties are subject to important qualifications. The first two duties listed above are ‘regard’ duties, which require local authorities to ‘think about’ the need for sufficiency rather than actually achieve sufficiency. The final three duties are focused more on outcomes, but are qualified by reference to reasonable practicability. This means that local authorities can take account of their own resources when deciding what level of provision to make. However in my view it is clear that when contemplating cuts in these areas local authorities must understand the level of demand for a particular service and assess the extent to which the remaining service will be sufficient to meet local needs if the cut is to be made lawfully. Very often in my experience this fundamental requirement of lawful decision making is not met. Those who have concerns about cuts in their area which may breach one or more of these sufficiency duties will need to get advice ASAP. […]
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Is there anyone that can help me fight for my daughters lack of care? Been in the system for over 10 years and this year have told hwr she has a disorder that she has never had an assessment or official diagnosis or treatment of. She has tried complaints and second opinion with no result. Even past pyscologists have said this diagnosis is news to them. She needs treatment and has been left since Feb hearing voices and delusions.
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Do try these solicitors Jo
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Hello Just seen your post. Do you have any experience of Match Solicitors or SEN Legal ?
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Both are well known in the field. I don’t think I’ve worked for Match but I’ve just started working for Hayley Mason at SEN Legal and have been very impressed.
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[…] if you think something does not seem right then start asking questions, contact IPSEA or a solicitor for initial advice. Do not just believe everything that the school or other parents tell you. It […]
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Please can a solicitor help me I am mum to a man 36 years old he does not have capacity to make decisions, there is a long story here but my concern is. My son has been abused at school, care homes and now in his own property. I get direct payment to pay staff to support him 24/7 I put a camera in his home in his living room and his bedroom. Staff were employed through an agency and seriously neglecting his care camera evidence I have reported this this is on going. I had a meeting with the care manager yesterday and they are going to the court of protection to ask about removing the Camera, where he lives, and who should sort out his care. My son is living in an area which is not safe ie 7 murders walking distance from his home since he lived there. when he move there as he was served notice from his care home and was made homeless this was only tempary nearly 2 years later. we had a best interest meeting April last year and it was agreed for him to move due to safely. They are telling me that has run out and another best interest meeting need to be done. I have 2 staff he is happy with them. He came out of a care home for challenging behaviour. Since I have been managing his care his has done really well. I can’t stress this enough. So why are they doing this. I can’t get an advocate or find anyone to help. I have another son with the same condition (fragile x syndrome 37years old) living at home so things are tough. I also want to get POA for Heath and welfare soon as possible for both boys
So what I’m asking help for is what happens when I hear from the COP can someone come to support me to fight for my son to keep the camera, be moved from this dangerous area, and my carry on supporting my son with the 2 amazing staff he has. Also help me get POA
This is a cry for help as I’m worried sick if I have to remove the camera I will bring him back home as he is not going through any more abuse.
He has done so well I know him, and these staff are very good, the also can cope with his very bad night seizures. They are very happy in there jobs.
Debbie
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Hello Debbie – you’ll need to contact one of the solicitors above to get help – they won’t see this post
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[…] Steve Broach's list of solicitors with expertise in disability and SEN cases (note, this is not exhaustive and SNJ cannot recommend any individual […]
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[…] The position is different if a person wants to employ a family member or friend who does not live with them. In this case, the care plan does not need to expressly state that the family member or friend can provide services. The care plan might already be expressed in general enough language to allow the direct payment to employ a family member or friend to provide care. However, this will depend on precisely what the care plan says. Advice should be sought from an advice agency or if necessary a specialist solicitor. […]
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