ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 2: Special educational needs
824.Paragraph 2(1)(a) brings within the scope of civil legal aid matters arising under Part 4 of the Education Act 1996. These are typically challenges relating to a local education authority’s assessment of a child’s special educational needs.
825.Paragraph 2(1)(b) brings within scope civil legal services for cases relating to Learning Difficulty Assessments under sections 139A and 140 of the Learning and Skills Act 2000. This will allow funding for special educational needs cases for persons aged between 16 and 24.
826.Paragraph 2(2) applies the exclusions in Part 2 and the advocacy exclusion in Part 3. Legal aid in the form of advocacy may be made available for appeals in the Upper Tribunal on a point of law from decisions made by the First-tier (Special Educational Needs and Disability – SEND) Tribunal or the Special Educational Needs Tribunal for Wales under Part 4 of the Education Act 1996 (see paragraph 17 of Part 3 of Schedule 1).