What happens if your appeal date is imminent and the leagl team reperesenting the Local Authority withdraws.
Today was the final date to submit evidence on our choice of school for our child. I was also awaiting evidence from the legal team acting on behalf of the LA. They informed me they have not been instructed and ceased to act on their behalf.
Still waiting for EHCP, son not coping in state school
We started the EHCP process in Feb 23, and we still haven't seen a draft plan. There's been huge breaks between specialist appointments but we've finally spoken to the educational psychologist. We're nearly at 30 weeks since this process started.
My contact at the council isn't responding to me.
Can anyone advise who I should be contacting within a council to get an update.
My son has just started a mainstream school and has become violent and isn't receiving much support as we don't have this plan.
Taking children out of school during term time
I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.
Legally, can the LA name a special school on the current EHCP, specifying a start date for next September (2024), and stating that they agree EOTAS until then?
We suspect that the school is unsuitable for our daughter aged 12. The LA have offered EOTAS in the interrim, until the school place becomes available in a year's time. We do not know whether know whether our daughter will be in a condition to be able to go back to school at that point, but suspect not, so would prefer the EOTAS to be unlimited.
As the parent of a child with an EOTIS package, where the provider is not meeting need, and it has broken down, do I have the right to source other tutoring services?
My LA are refusing to consult with another tutoring service, which I have found, and incidentally are on their tenured list of providers. My daughter has no education right now, is nearly 16 and has not even started her GCSEs. They are ignoring my urgent request for an annual review too.
Can we appeal for transport to specialist school if we've said we'll organise it?
D14, autistic, SPD has been given a placement at an independent specialist. Nearest mainstream said they could still meet need (though they have to say that, right?) so we've had to agree to transport my daughter. Daughter lives with dad (my ex) and he now says he can't transport every day (he's a lecturer and his work can't put all his lectures during her school hours). I'm 90 minutes away and disabled. The EHCP is still in draft as moved from one LA to current after draft received and EHCP is vague and missing huge amount of necessary detail. Annual Review to be held 6 weeks into first term to transfer ECHP into new LA's format etc. Main issue for my daughter is environment so mainstream could meet academic need but she'd not be able to attend as she needs a small, quite setting. Is there any point trying to appeal this? Do I wait until the Annual Review and hope the EHCP is more detailed and therefore it's easier to prove that the mainstream can't meet need? Very frustrated that I've worked for a year to get her an EHCP and a suitable placement for her to risk losing it!
Should an LA go out for consultation to schools to see if they can meet a need with a draft EHCP which has not been agreed by parents and excludes much of the expert evidence?
We are applying for an EOTAS package for my autistic daughter who is in burnout and cannot access school. We have an EP report, specialist OT report and CAMHS letter to confirm that EOTAS is the most suitable education for her and we have carefully put together a detailed (and reasonable) package mapped against the needs, outcomes and provision detailed in the expert reports. The draft EHCP we were sent in response to this excluded a lot of the evidence from the expert reports which indicated EOTAS and that specialist support was needed and then sent this draft to panel and out to consultation to schools before we had returned our comments (on time within the 15 days) which highlighted the evidence which was missing. Is this right, as any consultation will be based on inaccurate information/plan? The LA are consulting schools as they need to be satisfied that educating her in a school is inappropriate - even though all the expert evidence clearly shows this?
Also we are being told that we cannot include any details in the EHCP about the skills and attributes the person providing the provision must have e.g. trauma informed, SEMH experience. Is this correct?
Any advice would be very much appreciated.
Can a parent be special educational provision
My child has been experiencing EBSA since early 2022.
The Educational Psychologist report states that my child is experiencing separation anxiety. The report states that my child was able to access education in a 1:1 low arousal setting with a trusted adult and mum there with her. During the APDR cycles, the EP and school tried to support my child's separation anxiety, however this proved unsuccessful and the trauma led to my child refusing completely to engage with school.
The EP states that strategies need to be offered to support separation anxiety and that there needs to be close liason between home and school, with supported visits to the setting with mum.
Does this suggest that the parent (mum) is a special educational need, and if so, what is the relevance of this? Can this support EOTAS? If the parent voluntary agrees to be the person "key worker", can they be the one to support the child with accessing section F, so for example a provision is that child have a choice of 2 activities per week, linked to strengths and interests, to engage in social communication and interaction, with 1:1 support who is attuned to the child and understands their behaviour; can this be the parent?
My autistic daughter attends a private school, they have said that she can only proceed to year 10 if she does 7 GCSEs. Could this be considered descriminatory if other options to allow her to attempt 8 GCSEs haven't been considered?
My 14 year old daughter is autistic and attends a highly academic all girls private school. She is academically able, but has had a very difficult year 9.
She became very unwell with depression around Christmas, not able to attend school but received treatment and has gradually returned to school. She also had problems with attendance in year 7.
Her school have been brilliant on a day to day basis, allowing her the flexibility to recover and gradually increase attendance in lessons.
However, they have also been actively harmful by not giving her clarity about whether she would be able to remain at the school or progress with the rest of her peer group to year 10. Before the Easter holidays a comment was put in her individual education plan, that on consultation with subject heads that 'A has missed too much content in maths, biology, chemistry and physics to successfully proceed to year 10.' We highlighted that as A's struggles are predominantly social, resitting a year would not be in her best interests.
No specific catch up support was given by school, apart from a textbook and workbooks. She has spent time in the learning support area for self directed learning but has not had specific input beyond a daily check in. She is not currently doing a full timetable as made the decision to prioritise her GCSE subjects as she was aware that she had missed a lot of work. Apart from allowing her flexibility, and timetable reduction, limited reasonable adjustments have been put in place. We have requested that she be observed in school by an external professional (a private psychologist, working within a reputable local private company) to give additional specialist advice but this has been refused by school.
This has made it very hard for her and the stress has impacted on both her ability to attend school as well as study for exams. Despite this she completed and passed exams in the 8 subjects she hoped to take for GCSE. Her results were not at the level she was used to but were not the worst in her year.
A has a descision to issue an EHCP but doesn't have an EP assessment or a draft EHCP. School had suggested that she didn't require an EHCP and that she doesn't require further support.
She would usually take 9 GCSEs but it was suggested that she dropped a modern foreign language so she could have time in learning support. She agreed with this.
Her overall attendance this year was 44% but has increased to between 65-80% (in part due to physical health problems, for which she is now recieving treatment.)
She wishes to attempt 8 GCSEs and if only permitted to take 7 (+ an HPQ, considered half a GCSE if her attendance improves) will undertake an additional GCSE outside of school.
The outcome from school has stated that she can progress to year 10 but will only be permitted to do 7 GCSEs (+ HPQ if attendance increases.) It was noted that she has made good progress but still has gaps in her knowledge and areas to catch up with. No specific plan has been made to support her to catch up with the work she has missed.
It is stated that if her attendance decreases as a reasonable adjustment she will be permitted to do fewer GCSEs.
She is also allowed flexibility if she wishes to do PE, however it is stated this would mean the school would not have evidence for a risk assessment to allow her to attend DofE expeditions.
She was not allowed to attend her DofE practice expedition before Easter - it was offered that if she was driven to the venue she could take part in the first day (if she proved to a teacher she had eaten lunch) but would not be allowed to stay overnight or attend the second day meaning it would not qualify as a practice expedition (even though we offered to stay nearby to collect her if needed.) This was despite a letter from her psychiatrist saying that her mental state had improved and she had no concerns, as well as supporting from a family support worker. A takes part in multiple activities outside school including long hikes (and will do a private DofE expedition in the summer.)
I am concerned that the school is not considering all reasonable adjustments to support my daughter's wellbeing and her desire to do well academically. It feels that although concessions are being made the only real option is to limit her timetable and opportunities without consideration of all other reasonable means to support her. The school has also not acknowledged external advice including from her psychiatrist. I'm also concerned that school is using reasonable adjustments as a threat to try and get her to comply rather than as a way to allow her to overcome the difficulties related to her disability.
Would there be grounds to consider indirect discrimination? I would be keen to remove my daughter from the school, however she is wants to remain there.
I would be keen for her to start a course of 8 GCSEs, with a plan to drop one if it was too much. This is because her health is improving and therefore her attendance is also likely to be better. I feel this would be the least restrictive option as it would be impossible for her to increase the number of GCSEs she takes once the course has started.
I have reviewed the complaints policy but haven't yet put in a formal complaint as I have been told that school are giving concessions so I should not be confrontational.
It is difficult to communicate with school the only opportunity to speak to the team is in formal meetings which are very stressful. I am allowed to email school but it is often a one way communication.
I am autistic and it has taken a long time for school to be open with what will be discussed in meetings before they occur. This has meant that I have become very distressed and unable to participate fully.
If a school states that placing your child in their school renders the efficient education or use of resources. Is a judge still likely to overturn this if witness statements and evidence from the schools support their view point. What evidence can I bring to challenge this?
I will need to submit further evidence before the hearing.