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We are in the final stages of EHCP. We have requested EOTAS (to pay for online school) and a personal budget. The LA have said "County Independent panel have reviewed your request for EOTAS and personal budget to fund Kings Inter High, further information is required before EOTAS can be considered. We will be contacting F...... high school to establish if they are able to support funding Kings Inter High as E. remains on their school roll. We will also be issuing consultations to independent settings to establish suitability; these consultations will be shared with you before they are issued." My question is does the LA pay for EOTAS - why are they asking the school? The LA tried to unroll her from mainstream but we said they could not do this until they have provided alternative provision - and we request EOTAS - were we wrong to do so?
My daughter is happy at online school. She has tried two mainstream schools and cannot manage. She will not attend school in person and the EP report is fairly conclusive with this regard.
Angie Lee-Foster
17 Jan 2024
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Year 10 options
Hello,
My son is in year 9 at a mainstream secondary school, however is in a special unit there which they say is a school in between a special school and mainstream. My son is autistic and has speech and language delay. We have been told that for year 10 his options will be level 1 maths and English. I have looked at another school in the area that teaches autistic children and they are offered so much more such as lots of vocational programmes along side there maths and English. Do you think I would be best trying to move him to somewhere that could accommodate him to do that? Would I have a fight on my hands to get the local authority to agree to move him? I am just so worried that he is not being offered more options and the school system is failing him again. Has anyone any positive stories of what their child went on to do?
Thank you in advanceRuby Wright
21 Jan 2024
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Is there a legal list of what can and cannot be included in an EOTAS package? The LA want to include maths and English tutors which my son can’t engage with due to school trauma. The LA’s EP has said maths and English needs to be embedded within activities.
I am suggesting activities such as building a remote control vehicle, theatre and museum visits and learning about tractors from an agricultural engineer (rather than a tutor). The EP said subjects should help his future career. He wants to be a farmer. The last time my son accessed a tutor he ripped up the exercise book and ate the pages. It was not because of the tutor (who was patient and listened) but because of the school trauma and the trigger of work he was being asked to do. They are also looking at science tutors. It’s appears to be their section 19 offer rather than based on the EP’s report.
Le-Ann Walker
01 Feb 2024
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What is the cost of moving an EHCP from one local authority to another?
Our son has an excellent and up to date EHCP and is extremely happy at a specialist school. How we the school is an hour in a taxi from our home. We would like to reduce his journey and move closer to the school. However we are concerned the new local authority would name a new school within the 15 day window they have to review his EHCP. We are concerned the cost to fight this could escalate.
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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.
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What exactly can a LA rely on when it claims to be able to refuse under "the efficient use of resources" ground of section 39 CAFA 2014?
What exactly can a LA rely on when it claims to be able to refuse under "the efficient use of resources" ground of section 39 CAFA 2014? Whose resources? What is "efficient"? Is it as regards my child or their assessment of the use of their budget generally? Any case law on this would be welcome (ex-lawyer here, gearing up for a potential "no").
The child is ASC, tier 4 (for risk), and has some time in a secure unit (no risk to others), Section I school is a private with annual fees close to £80k.
Graeme Graeme Simpson
24 Jul 2024
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Naming a school
Can the LA name a school even if the parents and/or young person has not seen it? And can they back-class the young person for that school without parental permission? My LA claim a school have offered us a place but in the year below. We haven't seen this school or met the SENCO.
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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 & EScott Daniels
22 Jul 2024
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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. -
where the Parents and the LA have been in Sendist Tribunal for nearly two years , the reports are outdated . The LA have had over 7 extensions of time , Can I appeal this with a JR ?
first tier tribunal but reports outdated by 2 years , no support from health or education during that time