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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.

    Amina Tayiba
    Parent

    02 Mar 2024

  • 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.

  • Can the LA impose their own policy on consulting schools?

    We have a "transition review" coming up (child in year 6) and also a contents tribunal a few weeks after that. Perhaps because of the latter, the LA are being particularly hostile and obstructive towards us.

    We want them to consult with a non-section 41 school which we belive meets our child's needs. The school has indicated they'd be happy to receive evidence from us e.g. Tribunal Working Document, reports from experts (e.g. OT and EdPsych) which give a fuller picture than the current EHCP, but they want the LA to consult.

    We have good reason to think they will object and try to obstruct on various grounds (which they've used recently with others)

    - Refusing to consult one school before consulting others (Catch 22 for us as it's non Section 41 and we need to know whether they'll offer a place before we can name it)

    - They have an internal policy that they insist on naming at least two or three schools and that one of these must be mainstream. This to me sounds like a blanket policy they've imposed locally and not law. Can I challenge it?

    - Can they refuse to disclose accurate information to any other schools they consult (e.g. their own schools), if we disclose that they share it - e.g. working document, expert reports etc.?

    thank you

    OJ

    O J

    26 Sep 2023

  • 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.

    L B

    27 Aug 2023

  • My son is being pushed to attend a residential day educational school an hour away from our house. He had an EHCP review on 10th June where his ...

    ... current SEN school will say they can’t meet needs. My question is if he moves to this school an hour away how can I keep his current taxi provider? He has a really good relationship with them for 7 years and I don’t want to loose them as it will cause extreme anxieties with my son. Can I add that we need to keep his current transport into the ehcp document? If so how can I word it? Thank you