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  • I am currently supporting a LA, piloting universal banded funding across Mainstream and Special Schools EHCP pupils. From feedback received from participating schools, we are considering revising the format of the EHCP documentation.

    We would like to some clarity on the following proposals:
    • Are there any legal implications for adding ‘Primary’ and ‘Secondary Need’ type into the front page of an EHCP?
    • Are there any legal implications for adding the agreed ‘Banding Level’ into the front page of an EHCP?
    • Alternative to the above, would there be any legal implications for adding ‘Banded Funding’ (and then listing the allocated banding, e.g. “Banded funding: SEMH – band 2”) onto the front page of an EHCP?
    I hope this makes sense and am grateful for any advice on this.

    Sian Jones

    17 Nov 2022

    Watched by 1
  • My friend is planning to move to Hertfordshire with her 15 year old son who has complex needs. She has identified an appropriate college for him but is hesitating because that college is telling her that she won't get funding from Hertfordshire beyond the age of 19. They referred her to this web page to explain the local authority's policy on funding for children with EHCPs. As far as I can see there is nothing on the website suggesting that he won't be eligible for funding, and in any case surely he is legally entitled to funding until the age of 25 no matter where he lives? https://www.hertfordshire.gov.uk/microsites/local-offer/preparing-for-adulthood/further-education.aspx

    Emily Foges
    Support SEND Kids

    13 Oct 2022

    Watched by 3
  • Can Section A only be amended at annual review? I have just successfully appealed Sections B, F and I of my child’s EHCP at Tribunal. The Tribunal has ordered the LA to amend Sections B and F. The LA is in the process of doing so. My question is whether the LA is precluded in law from making the amendments I have requested to Section A at the same time?

    The LA has said it can only do what the Tribunal has ordered it do it and that I will have to wait a year for an annual review to ask for amendments to Section A. My understanding is that as Section A can’t be appealed and does not come within the jurisdiction of the Tribunal, there is nothing in law to preclude the LA from making amendments to Section A now - when they are working on the EHCP to amend Sections B and F. Is this right?

    I know I may be wasting my time arguing a point of principle here, but it feels an important one as the Draft EHCP was very poorly drafted and didn’t even include the full views my daughter had written out herself nor the full information she had given to the LA’s Ed Psych as part of a sentence completion activity. I therefore felt that in not including them in Section A her voice had been ignored, which was contrary to the whole principle of the Code of Practice. I have been asking for these amendments since the poorly written Draft was issued.

    The LA ignored my requests to make the amendments during the exchange of working documents and has now come back with a ‘No’ and an email saying, ‘This can be amended following a future annual review. Legally [we] must stick to the working document and what the Tribunal have ordered us to amend.’ This feels unnecessarily unreasonable but is there anything in law to support their point?

    Any advice gratefully received. Thank you.

    Cherry D
    Parent

    14 Aug 2022

    Watched by 6
  • I met someone in the doctor's surgery this morning who has a non-verbal 4 year old who has just started primary school. The school is unlikely to be able to support her daughter for much longer as she also has severe - but undiagnosed - ADHD. Lambeth referred her to the Mary Sheridan Centre for a diagnosis but they are expecting she will be waiting at least a year for an assessment. She has been asking for help via the GP for several years. If she gets a private diagnosis will this expedite the EHCP or will she waste her money?

    Emily Foges
    Support SEND Kids

    13 Oct 2022

    Watched by 4
  • At what point can Mainstream schools decide they are not able to meet the needs of a child? Aged 6 , yr 2, Prob ASD/ ADHD?? Not yet diagnosed , but has now got ECHP.

    Watched by 3
  • Is there any case law about keeping a child on school roll where EOTAS is agreed ? The schools guide indicates that there is an expectation that the school maintains contact and keeps the child on roll but is there any law making this mandatory?

    Watched by 3
  • I have become aware of potential discrimination under the Equality Act 2010 following a subject access review about failure to make reasonable adjustments. Some of the activity is beyond 6 months but I have only become aware of the activity recently as a result of the subject access review (under 6 months). If I were to make a claim under the Equality Act would these activities be admissible since I only was made aware of them recently and, more importantly, now have sufficient evidence? I do have a recent example within six months that I can use. Is my understanding correct that I can bring in older evidence to show a pattern? Any potential claim would be made in the context for a child with an EHCP to the SEND Tribunal. Thank you.

    Watched by 3
  • I am applying for changes to my child's EHCP in respect of her 1:1 provision. Does anyone have a good example of wording for Part F of the EHCP for full time 1:1?

    Sara Smyth
    SEN Mum

    28 Jul 2021

    Watched by 3
  • Does my LA have a legal duty to update my child's EHCP following the annual review and recommendations from her current setting? LA have said they will 'maintain' EHCP but won't amend with the updated recommendations from the school for significantly more provision of SLT and OT time, as they say that the 'outcomes' are the same and so it's not a significant enough change to warrant an update, and they would like to wait until a change in key stage.

    LUCY HIORNS
    Parent

    08 Sep 2022

    Watched by 3
  • Did you navigate the Needs Assessment/EHCP process without having to appeal? If so, what helped with your success?

    SEND Kids
    Support SEND Kids

    02 May 2021

    Watched by 5