Aimee Fox co-authors briefing on Children Act proceedings and children with SEND

28th August 2022

3PB’s specialist family and education law barrister Aimee FoxAimee FoxCall: 2007 (pictured here), alongside law firm Anthony Collins’ associate solicitor Kadie Bennett, have co-authored a briefing in Education Law Monitor examining how parents can minimise the impact of separation on children with SEND.

According to the latest figures from Statista, 2020 saw 103,592 divorces granted in England and Wales. Separation for parents of children with SEND can present additional complications and worries. The stresses and strains of relationship breakdown are sometimes amplified by concern about the impact on the child.

The briefing initially looks at resolving family disputes through mediation, which allows parents to focus specifically on their child(ren) and what they need; so bespoke arrangements can be reached that are suitable for both the child and the parents rather than arrangements being foisted upon the parties by the court and a judge who has never their child. The briefing then covers all aspects of court proceedings including the Welfare Checklist; the importance of evidence of any diagnosis and prognosis for the child and how this impinges on the child’s day to day life; the Local Offer provided by all local authorities; school’s SEN coordinator (SENCO); the Education, Health and Care Plan (EHCP); role played by therapists; potential parent-at-home arrangements known as or ‘nesting' and the Family Court's considerations when making its decision about parents' level and form of involvement in the life of the child after their separation.

To read the full briefing from Education Law Monitor, please click here.

If you wish to know more about this subject, please contact Aimee Fox on [email protected]. To instruct Aimee, please contact her clerk Ian Charlton on [email protected] or by calling him on 0121 289 4333.