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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. -
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