Why Multi Academy Trusts should build strategic legal partnerships to improve SEND outcomes

The Schools White Paper highlights the important role Multi Academy Trusts play in delivering inclusive, high-quality education for all pupils, including children and young people with Special Educational Needs and Disabilities (SEND). It also points towards an enhanced role for academy trusts in the future.

As the legal and regulatory framework around SEND continues to develop, many trusts are considering how best to strengthen their systems, support school leaders and manage increasing pressure on resources. For Multi Academy Trusts, a proactive relationship with a specialist education solicitor can be an important part of that strategy.

SEND legal advice for schools should not be viewed only as a response to disputes, complaints or SEND tribunal proceedings. Used effectively, an academy trust solicitor can help improve decision-making, embed consistent practice across schools, support compliance and, most importantly, achieve better outcomes for children.

Understanding the SEND landscape for Multi Academy Trusts

The SEND system in England is governed by a range of legal duties and statutory guidance, including the Children and Families Act 2014, the SEND Code of Practice, the Equality Act 2010 and associated education guidance.

Within a Multi Academy Trust, responsibility for SEND provision does not sit with one person alone. It involves classroom teachers, SENCOs, headteachers, executive leaders, trustees and local governing bodies. Each level of the organisation has a role to play in ensuring that pupils with SEND are properly supported.

Trusts are often required to navigate complex issues, including:

• delivering provision set out in Education, Health and Care Plans;
• seeking EHCP advice when placement, funding or provision issues arise;
• managing admissions and exclusions fairly;
• responding to parental complaints;
• preparing for SEND tribunal support where disputes escalate;
• maintaining inclusive practice across multiple schools;
• supporting staff confidence and capability;
• managing financial pressures linked to high needs provision; and
• evidencing legally robust decision-making.

In this environment, specialist education legal advice can provide more than technical answers. It can help trusts make informed, child-centred decisions that are consistent, defensible and aligned with the trust’s wider values.

Moving from reactive legal advice to preventative practice

Schools have traditionally only engaged solicitors when a matter has already escalated, for example following a formal complaint, a threatened judicial review or a SEND tribunal appeal.

However, many academy trusts are now taking a more preventative approach. By involving an education solicitor earlier, trusts can identify risk, improve processes and reduce the likelihood of disputes becoming costly, time-consuming and adversarial.

A strategic relationship between a Multi Academy Trust and an academy trust solicitor may include:

• regular policy reviews;
• training for senior leaders, SENCOs, governors and trustees;
• advice on reasonable adjustments and equality duties;
• EHCP advice for schools responding to consultations and placement decisions;
• guidance on exclusions involving pupils with SEND;
• assistance with parental correspondence;
• advice on complaints and escalation routes;
• SEND tribunal support where required; and
• strategic audits of SEND provision and compliance.

This model can be delivered in a cost-effective way and can help create consistency across a trust. It also supports school leaders by giving them access to SEND legal advice before decisions become contested.

Supporting school governance and legal compliance

One of the key challenges for Multi Academy Trust leaders is balancing legal compliance with operational reality. Trustees and executive leaders must ensure that schools meet their statutory duties while also maintaining educational standards, managing resources and supporting staff wellbeing.

School governance legal advice can assist trust leaders by helping them understand:

• the legal duties owed to children with SEND;
• the implications of tribunal decisions and emerging case law;
• risk areas within trust-wide SEND systems;
• the importance of clear records and evidence;
• how to manage difficult conversations with parents constructively; and
• how to align SEND practice with wider governance and safeguarding frameworks.

This support can be particularly valuable where a trust oversees several schools with different levels of SEND expertise and capacity. A solicitor who understands the trust’s ethos, structure and operating model can provide advice that is both legally sound and practically useful.

Improving relationships with parents and carers

Parents and carers of children with SEND may become involved in disputes with schools because they feel unheard, unsupported or uncertain about what should happen next.

While some disagreements do become formal legal proceedings, many issues can be resolved earlier through clear communication, transparent decision-making and a solution-focused approach.

An experienced education solicitor can help trusts:

• draft clear and empathetic communications;
• prepare for meetings with families;
• advise on mediation and early resolution;
• ensure consultation processes are lawful;
• explain complex legal processes in accessible language; and
• reduce the risk of correspondence escalating unnecessarily.

When families can see that a trust is organised, informed and committed to inclusion, relationships can improve. This can help move discussions away from procedural disagreement and back towards the needs of the child.

Strengthening inclusion across the trust

A strategic legal partnership can also help Multi Academy Trusts identify patterns and recurring issues across their schools. This allows leaders to address systemic weaknesses rather than treating each matter as an isolated incident.

For example, legal advisors may identify:

• inconsistent SEND policies across academies;
• gaps in staff training;
• weaknesses in record keeping;
• inconsistent implementation of reasonable adjustments;
• risks around informal exclusions or reduced timetables;
• unclear responsibilities between schools and the trust; or
• recurring issues in parental complaints.

By addressing these issues proactively, trusts can create more inclusive learning environments and reduce the risk of future disputes.

For pupils with SEND, this can lead to better support academically, socially and emotionally. For staff, it can build confidence and provide clearer guidance when difficult decisions need to be made.

Preparing for SEND tribunals and disputes

The aim of a proactive legal partnership is to reduce conflict wherever possible. However, complaints, tribunal appeals and other legal challenges remain a reality for many schools and academy trusts.

Where disputes do arise, an established relationship with a solicitor can ensure that the trust is prepared and supported from the outset.

Effective SEND tribunal support can:

• reduce pressure on school leaders;
• improve the quality of evidence;
• identify the strengths and weaknesses of a case;
• support constructive settlement discussions;
• ensure deadlines are met;
• protect the trust’s reputation; and
• keep the focus on the child’s needs.

Strong legal representation should never lose sight of the pupil at the centre of the matter. The best outcomes are often achieved when legal professionals and education leaders work together to identify practical, lawful and child-centred solutions.

What should Multi Academy Trusts consider now?

As SEND reform continues to develop, academy trusts should consider whether their current systems are sufficiently robust, consistent and well-evidenced.

Practical steps may include:

• reviewing SEND policies across the trust;
• checking how EHCP provision is monitored and recorded;
• seeking EHCP advice on complex placement or provision issues;
• reviewing reasonable adjustment processes;
• auditing exclusions, suspensions and reduced timetable arrangements involving pupils with SEND;
• strengthening trustee and governor oversight;
• providing targeted training for school leaders and SENCOs;
• reviewing parental complaint trends; and
• considering whether early SEND legal advice for schools could help prevent escalation.

For many trusts, the question is no longer whether legal advice is needed only when something has gone wrong. Instead, it is how legal expertise can be used strategically to strengthen systems and improve outcomes.

A shared commitment to better outcomes for children

At its best, the relationship between a Multi Academy Trust and a solicitor is not simply transactional. It is a partnership grounded in a shared commitment to helping children and young people thrive.

When legal expertise is built into strategic planning, trusts are better equipped to:

• deliver inclusive education;
• support vulnerable learners;
• reduce conflict with families;
• empower staff and leaders;
• maintain compliance and accountability; and
• build confidence across the organisation.

Children with SEND benefit most when education and legal professionals work together constructively. A proactive partnership with a specialist academy trust solicitor can help Multi Academy Trusts create an environment where every child is supported to participate fully in school life, achieve their potential and receive the provision they need.

For further information or to discuss how Geldards can support your school or academy trust with SEND legal advice, EHCP advice, SEND tribunal support, exclusions, complaints, school governance legal advice or wider education law issues, please contact the Geldards Schools Team.