EHCP was issued with no school named. Initially mainstream but now agreed mainstream is not appropriate. The LA have consulted for a school place with incorrect diagnosis, stating that my daughter has MLD social and behavioural needs when she is SpLD, intelligent and has no social or behavioural needs. Are they breaking the law in doing this?

LA duty to support during school holidays

Good Afternoon
School Holiday Help!
Bear with me it’s a long one, we have 4 year old boy/girl twins. Who are off to separate schools come September my girl the local mainstream and my boy ASD hub another mainstream. For the last 2 1/2 years they’ve attended preschool together, my boy has had a 1:1 for a good portion of that time and although they really didn’t have to they have absorbed the cost for this during holiday club. They are happy to keep him during the holidays but we need to fund 1:1.
I have been trying since April to get something sorted. I initially applied for participation funding but the form was lost, I then applied again and was told to also apply for a carers assessment which I did. We’ve just had that back but it seems the social worker had done an assessment for participation fund which I asked her several times if this was the case as far as I was concerned the participation and the carers assessment were two very different things so wasn’t sure why she was involving herself in it.
We’ve been given 6 hours for 6 weeks only (which isn’t what I was asking the social worker for) my bill for the twins is close to £2,500 for the summer. We’ve had to take a mortgage break to pay for it.
We both work full time and have no family locally and I believe my son should have the same opportunity as my daughter, and our family have the same opportunity to work as other families do (and not working isn’t an option)
I have tried everything we have one SEN play scheme for his age which is only available to book 1 day a week and is grossly oversubscribed. The HAF activities all ask he has a 1:1 and are at schools/playing fields and he’s a runner he’d be out of there. Childminders/nannies don’t wanna know about school holidays only.
I’ve raised a complaint with LA about the way the whole thing has been handled but also about lack of services.
Do I have any more options? What is the LA’s duty in supporting us? I remember reading something in the children’s act about them having a duty to support parents who wish to work/study? Could I call an emergency review of his EHCP to look at the social care element as his needs are currently met during term time we can muddle through.
Erm yeah just help! Thanks if you got this far!

Can a LA ignore school reports on Annual Reviews

LA does not acknowledge our schools report as it states he needs residential schooling

My son's nursery have refused to submit an EHCP. Is this allowed?

My son's preschool will not apply for an EHCP because he is 'hitting his milestones'. This does not feel right to me. I have asked them to reconsider based on his diagnosis of ASC but they have declined. Is there anything I can do?

Please explain public task as lawfulness for data processing in context of EHCPs that a ) LAs and b) Schools rely upon? I believe the public task ...

... of the LA is to have processes in place for dealing with EHCPs i.e. NHS commissioning agreements, assessment processes etc. But PUBLIC TASK does not mean that sensitive specific individual data can openly/ without parental or child consent be processed with whom the LA deems appropriate ie. school consultations or third parties.This would need to be agreed. PUBLIC TASK in terms of EHCP/SENDIST means that processes are in place.

LAs quote public task as lawfulness to share and obtain your individual data with third parties without your knowledge in EHCPNA and SENDIST. I don't agree and no one can explain this to me in simple SENDIST/ Education terms. Please can some one explain this as I believe LAs and schools are misquoting to obtain and share data strategically in sendist to blindsight parents

Hi, are my LA allowed to remove provision from a previous EHCP when they produce a new draft without any assessments having been done? If not, please ...

... can you tell me what the law says about this?

Why does the NODDY GUIDE, not provide case law to reference for data restrictions relied upon by LAs especially during SENDIST? LA named Witnesses ...

... Communication
LAs allege that their communication with their named witnesses is "legal and litigation privilege"-, SENDIST rules states that all witnesses have a underling duty to SENDIST to assist them and remain impartial. Furthermore, SENDIST rules and SEND Code of Practice states transparency and having all your cards on the table in the interest of settling and or preventing disputes. So, as per ICO these communications meet the ICO Education Test/ Health Test/ Social Care Test. When I complained to ICO they allowed the LA to get away with stating that these “communications were Legal and Litigation Privilege”. Surely this is not correct and how can parents argue and or point out this is not the correct position to access data in a timely manner.

FOIs made to the LA’s School/ Therapists in SENDIST
The named LA school their ought to be “independent witness” , share parental FOIs made to them for the purpose of obtaining data to prepare for cases. This is a data breach and strategic conduct by the LA to restrict data and case preparation because the LA have no remit in "advising " their named school witnesses (who’s role is to remain impartial independent and assist SENDIST). ICO allowed this to be acceptable that the LA provided legal advice to their witness school in proceedings and discounted it to be education test and hence this communication has been withheld.
Hence again as per SENDIST rules all cards on the table, was and is not met again with this conduct and position. This strategic data blocking strategy results in parents having to navigate protracted cases and any advice on the correct position would be welcomed. ICO allows this conduct to be acceptable under “public task and legal advice”.

In this case the Service Level Agreement between the LA maintained School and the LA-clearly stated FOIs are the business of the school and the school had its own DPO third party hence why they went to the LA with my FOIs and state the advice is legal advice is a staged data restriction and concealing practice.
Please can someone advice on what can be quoted to ensure accountability and prevent LA from using their power base to misrepresent the law (relying upon Public Task) as the basis to prepare and or interfere with their witnesses releasing information.
Any pointers would be welcome with the addition of a data case law section in the Noddy Guide to point out the practices adopted are not acceptable by the LA and designed for purposes other than legitimate. LAs are acting unfairly and abusing their positional power base against the parent especially those unrepresented.

My child’s school is refusing to meet his needs .As part of a now 8 months overdue assessment to update his appalling EHCP an OT assessment took ...

... place in March including school observation . The report said he was not currently able to access education , and needed 1to 1 support, different seating in class , and sensory support provision . School have had this information for 3 months , and don’t propose to do anything not even change his seating till September and after the permission of the school governors is given . LA plan writer went long term sick 2 months ago and nobody is answering e mails. This feels illegal as they are not meeting his needs , and LA are so overdue . What action can I take please .

WEBINAR: 24 March 2022: 1pm and watch on demand. Noddy Nonsense Guide 2022, the definitive guide to SEN law / Authors, David Wolf QC, Matrix ...

... Chambers, and Leon Glenister, Landmark Chambers, talk to Ali Fiddy, Chief Executive of IPSEA / with online Q&A.