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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. -
Do we have discretion in choosing secondary place for child with EHCP?
We are about to give a list of schools for local authority to consult for our ASD/ADHD daughter with EHCP. A number of specialist Austistic schools have told us she wouldn't be suitable as she has a PDA profile. We feel mainstream ARP provision would be overwhelming and current trend towards school refusal would continue/deteriorate; there are in any case hardly any places available locally. LA have said if we get no offers from anywhere then she will just be placed in mainstream. What are the options when/if this process hits a dead end?
Patrick Clifton
10 Oct 2023
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A friend's child with complex needs and severe autism has been allocated a wholly unsuitable secondary school by the LEA. His teachers and all ...
... assessments to date support that he needs a specialist school. The parents have appealed to tribunal and now being supported by lawyers who have told them they need to obtain statements from 3 expert witnesses (an educational psychologist, an occupational therapist and a Speech and language therapist), which comes at significant cost and also means the hearing will need to be delayed (it is already not until October). This could mean having to homeschool him, with parents taking extended leave from work.
Is this correct? What are the risks of not getting that kind of expert support?
Are there good sources of support available on an urgent basis?
Are there any options for alternative provision/support to be provided pending tribunal outcome?
Catie Sheret
25 Aug 2022
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How can I be sure my EHCP is being delivered?
