Has any Local Authority ever funded the building of a classroom at home for EOTAS?

Evidence for tribunal

Do tribunals often refuse requests for witness summons?

We are concerned that we will be disadvantaged if our witnesses do not attend the hearing. What else can we do if a summons request is refused?

If YP is in specialist residential placement and is looking to stay there at post-16 transfer but the LA name the local FE college instead, can the YP continue attending the existing specialist placement until the Appeal process completed or do they have to attend the provision named by the LA in the interim?

Post-16 transfer wish to have continuing placement in specialist residential

Can I ask questions about the LA's response to our EHCP appeal without being in contempt of court?

I wasn't sure if it is legally permitted to ask a question on here that reveals the LAs position.

Can the LA refuse to attend a dissagreement resolution meeting and / or mediation prior to Tribunal?

I'm working with a family who were thinking of cancelling their Tribunal (luckily they haven't). They have been offered a Disagreement Resolution meeting by the mediation service. I am unsure if this is the same as formal mediation? Having waited 4 weeks for a meeting date the mediation service has responded as per below. I am at a loss as to what to advise further to the family now. Is there no statutory duty for the LA to attend either disagreement resolution and / or mediation?

After contacting your Local Authority, we have now received a response from them to your voluntary Disagreement Resolution request. On this occasion, your LA has, unfortunately, declined to participate in this meeting.

We are therefore closing this case. This does not preclude the possibility of the LA contacting you directly to attempt to resolve the problem. If we subsequently receive a response from your Local Authority, we will contact you to discuss further.

You may wish to consult your SEND Tribunal about your alternative options for proceeding with your Disagreement Resolution request.

Expert witness Statements

Are there any specific regulations/rules around witness statements? Is it acceptable practice for the Local Authority representative to author witness statements? The HESCC Rules 2008 and www.gov.uk SEND Tribunal's "If you are asked to be a witness" do not include the level of detail I need.

Child offered place but LA won't fund what can be done

Child offered place at preferred school, turned down by 8 others named. LA has named totally inappropriate setting which will be damaging to her development and mental health. Tribunal will take a year, she's in year 9 so can't be kept out of school for a year. Clock ticking what can be done?

Does the LA have a duty to make a decision, and notify parents of that decision, following an EHC Plan review, if there is an ongoing appeal?

I registered an appeal for my Child’s Ammended Final EHC Plan, the LA had already agreed to review the plan, and indeed after the appeal was registered by tribunal, an EHC Plan review meeting was held; all professionals within that meeting stressed that the named school on my Child’s EHC Plan was unsuitable, the LA now claims that due to the ongoing appeal, they will not finalise the review or issuing a notice of the outcome of the review.

The LA instead intends to make make applicable changes to the working document, based on the review outcomes, but I find that this:
- frustrates my rights to appeal the outcome of the review
- confuses the working document by introducing changes outside of the scope of appeal, e.g. sections A & E

Can a LA effectively ignore a SEN Tribunal Judgement ?

We have "won" at Tribunal and the Judge ordered that sections B and F be replaced by the amendments that the tribunal suppled. As well as taking nearly 8 weeks to issue their first attempt, the LA have decided to use the opportunity to edit the entire document including making numerous additions and deletions to sections B and F. In particular, they have taken key paragraphs written by the Tribunal and appended to them so as to change (no doubt they would say "clarify") their meaning. As I understand it they are allowed to edit the document whenever they like so doesn't this in effect override any power the Tribunal has?

I am part way to starting Judicial Review proceedings but I haven't yet had any advice about whether I have a leg to stand on or not because initially at least I'm going with sossen and no professional reply as of yet. Any thoughts on this very gratefully received.

My son's ehcp was granted but the council have refused to write 1:1 support in section F, despite their Educational Pyschologists specifying that he needs this. Instead they have written 'individualised' which does not constitute the same thing. The case officer stated in email that they are not allowed to write 1:1 support. What legislation applies to provide the right and specified provision - along with the quantity of how often they should receive this? They also finalised section J, despite providing a personal budget as requested which is to be used for OT services. Any advice would be kindly appreciated. thanks