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B & F appeal on papers.
If the appeal is decided on papers does the tribunal send a working document with whatever amendments they agree to with the order?
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Can we refuse an early annual review when an appeal about the contents is underway?
School want to do an early annual review after only six months, whilst I am doing an appeal about the contents of the original EHCP. I am worried it will complicate matters and also potentially further reduce provision.
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Is it possible to ask the FTT to clarify/review their decision?
I have just had tribunal last week and my YP (who is 16 )has been awarded EOTAS. The EP report suggested 15 hours of tuition at home. It also said a PA would be helpful for accessing the community, going to yoga/pilates and going on educational trips. The time for this wasn’t specified in the EP report.
When I worked on the WD with the help of Sossen, we amended PA to PA/TA/LSA, as I had heard LAs often won’t fund a PA and argue this is provided by social care. We asked for 15 hours a week for this. The LA agreed to this in the WD. However at the tribunal the panel were concerned that having a TA, with other elements of the package, would mean too many people being involved. They agreed to the 15 hours tuition but suggested the tutors might be able to take my YP out. They also asked where the 15 hours PA/TA/LSA had come from and when the EP said she hadn’t put 15 hours there they seemed to think (erroneously) none of that section had been recommended by the EP and removed it from the package completely.
This leaves my YP with no support in PFA or to access the community. My YP needs travel training, PHSE, help booking an appointment, going to a shop or cafe, exercise etc. Whilst the tutor might be able to do the odd educational trip to an exhibition they won’t be able to go out regularly. Her current English and Maths tutor said they wouldn’t be insured to do this and that you need special training to go on trips/ public transport.
So, can I write to the tribunal asking them to look at this part of the decision again? I thought the verdict was binding but it seems you can ask for clarification? If I had confidence in the LA I might try and negotiate it later, but they were awful during the process and I’m sure they wouldn’t agree to anything not specified in the plan. Thank you! -
EHCNA : Where EP has referred to specialist advice from SALT / OT but the LA has not arranged assessment what can do done?
LA has decided SALT / OT assessment not necessary following "not known to service" response. EP report however states that further details on needs will be available from specialist advice. Formal complaint response (from LA stage 2 complaint) was that the decision comes under professional judgement of SEN team and therefore they cannot intervene. Decision has been submitted to panel by case worker.
Any idea what to do next? -
Are the proposed 'timelines' by the SENCo in line with the correct Annual review process?
We applied for our son's EHC plan last year and following the coproduction meeting in January, the SENCo submitted details for additional funding.
The request for funding went to panel, got approved and the final amended EHC Plan was issued on 28/02/2024.
The SENCo recently sent the following email:
[XX]'s annual review is due this term.
As [XX] is in Year 2 (which is a Key stage transition to Year 3 Key Stage 2), his EHCP is due to be reviewed. As part of this process, we request an Educational Psychologist to assess and set new targets. Can you please return the consent form, if you agree to the EP visit. Otherwise the EP will not see him. We will do an annual review without the EP assessment.
So you are aware of the timeline- it is listed below
Timeline
Parent sends in EP consent
EP visits and assess child in school
SENCo sets date for annual review and EP meeting for parents to attend
EP meets with parents and SENCo - hold Annual review as part of this meeting (teacher and LSA attends this meeting) Typically lasts 1-1.5 hours
SENCo amends EHCP paperwork and sends to parents
SENCo sends revised EHCP paperwork to borough to update EHCP
Could you please advise on the following:
1. The SENCo seems to believe that the annual review is based on term(academic year) and not calendar(i.e months). Is there any reference to 'term' in the legislation?
2. We believe the annual review is not due until February(this is the timeframe we (parents) are working toward). The SENCO seems to be rushing to have the meeting to catch us unprepared. How can we push back on this?
3. The timeline described below seems to muddle several separate processes into one. Shouldn't the EP assessment be done separately ahead of the annual review? We would expect the findings from the EP assessment to be used to update the needs and targets in the EHCP, is this correct?
4. The SENCo's email seems to suggest that the EP is accountable for assessing and setting new targets. Our son has OT, SLT and Physio; does this mean the EP sets targets for all of these?
5. The SENCo suggests that she will amend the targets and interventions in our son's EHCP and then issue it to the LA to be rubber-stamped. Shouldn't the LA SEND team be part of the annual review and process of updating the EHCP?
6. We have heard from many parents that the SENCo seeks to remove as many interventions(without clear evidence of progress) as possible from children's EHCPs at annual reviews. Is that common and why? How can we protect ourselves against this?
7. Should we be arranging for other professional assessments (SLT, OT, Physio etc) to feed into the updated needs and targets?
Gordon M.
10 Nov 2024
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Can the LA amend section E outcomes without consulting parents?
We have tribunal against B, F and I in less than 2 weeks. The LA have sent in late evidence today (even though they are barred). They appear to have amended outcomes, without consultation. They also haven’t mentioned them in the email, just slipped them in.
My child is 16 (nearly 17) and at key phase transition. Lots of the outcomes refer to the end of post 16. Does this mean if they are achieved they will try to cease to maintain at 18?
Is it lawful to amend outcomes at this point? And without any input from parent? -
Advice on how to approach LA
Urgent advice on how to approach this please. Tribunal appeal in less than 2 weeks. LA have been awful. Not sent case review form or WD. 2 orders from Tribunal which they ignored and are currently barred.
Today, less than 8 days before tribunal they have sent WD. Also snuck in some late evidence. And asked for a meeting with me next week to discuss what I am appealing. The appeal was lodged 5 months ago and they have not wanted to work with me at all until today.
I have been working on WD with some help from a charity but am not sure it is quite right yet. I also don’t trust the LA now. I’m not sure whether to meet them or just say I’ll have an email discussion with them, or just do via WD?
I’m tempted to write a timeline of when info submitted, and my emails to them and oppose them putting in late evidence. Is this worthwhile? -
Section E Outcomes
I am going to tribunal shortly for B, F and I. I know section E outcomes are not appealable per se at tribunal, but is it possible to submit them and get them updated? If not when would this happen?
The AR is due about 3 weeks after tribunal, but I’m hoping just to roll the rulings of the tribunal over, rather than have a proper annual review and risk the LA trying to remove them!
Thank you! -
Correct route of redress.
Section E - Outcome and Provision used to prevent full-time attendance. "Child will return to full time education by the end of Key stage one" Section F discusses slow transition but isn;t actually provision. The EHCP is under appeal with a hearing date of 13+ months now down to 12 months. The school named in Section I has placed the child on a reduced timetable. Parents disagree with this. A meeting was held, and the HT would not respond other than to state, "I am just going to repeat: we are following the EHCP". The following day, the child was suspended for 2 days. The following week, for a day. The child is in Key Stage One. We have submitted a request for change - An expedited hearing date. This is a friend I am trying to help. The EHCP is being used to prevent his legal entitlement to a full-time education. My question is, Is a PAP letter to the LA something that could work in this situation?
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Is it permissable for the LA to ignore a private EP report (which they agreed to using) in the Draft EHCP? This is the only professional assesement report that has been made.
Due to national shortages and long waiting times the LA agreed to use the Private EP report for the Draft. I have received a copy today and they have ignored all the recommondations that have been made. They made no further assessements in the assessment period.