Do I Need a Solicitor or a SEND Consultant? (And When You Might Need Both)
It's one of the most common questions I'm asked, and it's a fair one — the roles genuinely overlap in places, and it's not always obvious which one a particular situation calls for.
What a SEND consultant does
An independent SEND consultant supports you through the practical and strategic side of the EHCP process — reviewing drafts, building applications, preparing tribunal evidence and strategy, and helping you understand what a Local Authority is required to do. This work doesn't require a legal qualification, though it benefits enormously from direct experience of how the system actually operates.
What a solicitor does
A solicitor provides formal legal advice and, where needed, legal representation — drafting and pursuing legal proceedings, representing you in more complex or contested matters, and advising on points of law that go beyond the practical EHCP and tribunal process. Certain processes — most notably Judicial Review — legally require solicitor involvement to conduct proceedings.
Where the two roles overlap, and where they don't
A SEND Tribunal appeal can often be supported entirely by a consultant — many parents go through the whole tribunal process this way. But if a case escalates to Judicial Review, involves complex points of law, or runs alongside other legal proceedings, a solicitor becomes necessary, and a good consultant should tell you this honestly rather than trying to cover ground outside their expertise.
When you might need both
Some of the strongest cases I've supported involve exactly this combination — a consultant handling the practical case-building, evidence and tribunal strategy, working alongside a solicitor handling any formal legal proceedings. Neither replaces the other; they cover genuinely different ground.
A question worth asking anyone offering to help you
If someone offers to "represent" you in a process that legally requires a solicitor, ask directly what their qualification is to do so. A good, honest answer should be immediate and clear.
Not sure which you need for your situation?
If a final EHCP has been issued and the dispute concerns the school or type of placement named in Section I, this is the work I specialise in.