Why parents are turning to AI for education law advice
Artificial Intelligence (AI) tools are becoming increasingly accessible and are now commonly used to obtain further information and quick answers on a huge range of topics.
For families navigating the education system, particularly where a child or young person has special educational needs and is supported by an Education, Health and Care Plan (EHCP), AI can appear to be a convenient and cost-effective way of understanding their rights and answering legal questions.
However, while AI can be helpful in providing general information, there are significant risks associated with relying on AI-generated advice in the context of Education Law and SEND law. This is a complex area of law, and inaccuracies or misinformation can have negative consequences for children and young people with special educational needs.
What kind of education law information can AI provide?
AI tools are designed to generate responses based on patterns and publicly available information. In an education law context, they may be used to:
- Provide general explanations of EHCPs and the SEND process
- Summarise statutory duties placed on Local Authorities in relation to children with special educational needs
- Offer brief information about EHCP appeals, SEND Tribunal proceedings and deadlines
While this may assist parents in understanding basic concepts, AI is not able to assess individual circumstances or provide tailored and regulated advice when navigating SEND law.
The limitations of AI legal advice in SEND and EHCP cases
Education Law, and special educational needs law in particular, is fact-specific and each case will vary depending on a number of factors, including for example, the child or young person’s specific special educational needs, what evidence or professionals are involved, whereabouts families are in the EHCP process and what particular issue has arisen.
Further, the law is applied differently depending on a child or young person’s needs, the wording of their EHCP, the professional evidence available, and the actions (or omissions) of the Local Authority.
Why AI legal advice can be misleading or inaccurate
AI-generated advice may be problematic because:
- It can be outdated or based on superseded SEND guidance
- It can incorrectly generalise legal principles relating to EHCPs
- It cannot interpret professional evidence or assess whether EHCP provision is sufficient for a particular child or young person
- It does not account for Tribunal practice or procedural strategy
- It can provide incorrect details as to what law, or case law, applies in specific circumstances, as a result of generalisation
Ultimately, AI simply provides a template response. It does not provide information based on the specific facts or circumstances involved in a child or young person’s case.
As a result, parents may act on advice that appears confident and authoritative but is, in reality, incomplete or incorrect.
The difference between legal information and legal advice
Also, unlike regulated education law solicitors, AI tools are not accountable for the advice they provide. They do not owe a duty of care, cannot tailor advice to a specific child or young person’s special educational needs and cannot represent families in correspondence or SEND Tribunal proceedings.
Importantly, AI tools are also unable to challenge Local Authorities robustly, negotiate amendments to EHCP provision, or respond firmly where disputes arise regarding placement or support. These are critical aspects of EHCP and SEND law that require specialist knowledge and experience.
When relying on AI legal advice can cause serious problems
There are certain circumstances where relying on AI-generated advice is especially risky, including where there are disputes over EHCP provision or the educational placement a child or young person should attend, or where statutory deadlines relating to special educational needs processes have been missed by a Local Authority.
In these situations, early legal advice and action from regulated professionals who specialise in the area is crucial in protecting a child or young person’s legal right to appropriate special educational provision.
Why specialist education law advice matters
AI should therefore not be used as a substitute for specialist legal advice, particularly where decisions may have long-term implications for a child or young person with an EHCP.
How specialist education law solicitors can help families
At HCB Solicitors, our specialist education law solicitors are able to provide tailored advice, assess evidence and gain a personal understanding of a child or young person’s needs. This allows us to guide families through EHCP appeals and SEND disputes on a personal level, ensuring that the child’s special educational needs remain central and that their legal rights are properly safeguarded.
Our Education Law department can provide specialist advice to families in relation to all aspects of SEND law, including assistance throughout the EHCP process, Tribunal appeals, support with annual reviews, helping to secure education for children who are unable to attend school, challenging exclusions or unsuitable school placements.
If you would like to discuss your concerns regarding your child’s education with one of our specialist solicitors, please do not hesitate to contact us on 0333 202 7175 or alternatively, send us an email at education@hcbgroup.com.