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A school complaints panel has ruled that the Head teacher can deviate from providing what is well stated in section F of the EHCP, is this lawful?
I made a complaint to the LA and the mainstream primary school that my daughter was not receiving her education in line with section F of the EHCP which was very clearly and precisely stated following Tribunal.
The LA refused to address my complaint telling me that the school must consider it. The complaint went to Stage 2 at the school and the panel ruled it was reasonable and defensible for the Head not to provide SaLT, now and next trays, noise cancelling headphones etc to my child and dismissed my complaint. I am within 12 weeks of their decision, can I challenge this decision at Judicial Review or by other means? Much of the provision is now being made ironically, although some elements are outstanding.
I have written evidence directly from the Head refusing my child the provision because it was his opinion that she did not need it. -
We were issued an EHCP over the summer for my 7 yr old daughter which left out SALT and OT input, even though we supplied very detailed private ...
... assessments in both these areas - these are the two largest areas of need. The LA told us they would update the EHCP when the NHS OT/SALT had seen our daughter. As the time was running out for mediation or appeal to be triggered and we still had an EHCP that was not fit for purpose, we initiated mediation. Mediation is now December, the OT and SALT reports have just been done. Yesterday, through the mediator, the LA sent the NHS OT and SALT reports with a word version of the current EHCP, and asked us to mark up what changes we want. Are parents really expected to write the EHCP's with no qualifications, having no idea of what a good EHCP should look like? I'd like to know what should happen in the process, and what's the most practical thing for us to do now - if the best shot at getting what we need is to go back and pay a private EP to review and make changes, then I'll have to take it, but seems unbelievably unfair. Doubt they will do it in time of our December mediation date, in which case we will have to move the mediation date. Any advice would be really appreciated! Thank you.