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  • EHCP was issued with no school named. Initially mainstream but now agreed mainstream is not appropriate. The LA have consulted for a school place with incorrect diagnosis, stating that my daughter has MLD social and behavioural needs when she is SpLD, intelligent and has no social or behavioural needs. Are they breaking the law in doing this?
    S L

    29 Feb 2024

  • As the parent of a child with an EOTIS package, where the provider is not meeting need, and it has broken down, do I have the right to source other tutoring services?

    My LA are refusing to consult with another tutoring service, which I have found, and incidentally are on their tenured list of providers. My daughter has no education right now, is nearly 16 and has not even started her GCSEs. They are ignoring my urgent request for an annual review too.

    Claire Oliver
    Parent

    06 Sep 2023

  • LA duty to support during school holidays

    Good Afternoon
    School Holiday Help!
    Bear with me it’s a long one, we have 4 year old boy/girl twins. Who are off to separate schools come September my girl the local mainstream and my boy ASD hub another mainstream. For the last 2 1/2 years they’ve attended preschool together, my boy has had a 1:1 for a good portion of that time and although they really didn’t have to they have absorbed the cost for this during holiday club. They are happy to keep him during the holidays but we need to fund 1:1.
    I have been trying since April to get something sorted. I initially applied for participation funding but the form was lost, I then applied again and was told to also apply for a carers assessment which I did. We’ve just had that back but it seems the social worker had done an assessment for participation fund which I asked her several times if this was the case as far as I was concerned the participation and the carers assessment were two very different things so wasn’t sure why she was involving herself in it.
    We’ve been given 6 hours for 6 weeks only (which isn’t what I was asking the social worker for) my bill for the twins is close to £2,500 for the summer. We’ve had to take a mortgage break to pay for it.
    We both work full time and have no family locally and I believe my son should have the same opportunity as my daughter, and our family have the same opportunity to work as other families do (and not working isn’t an option)
    I have tried everything we have one SEN play scheme for his age which is only available to book 1 day a week and is grossly oversubscribed. The HAF activities all ask he has a 1:1 and are at schools/playing fields and he’s a runner he’d be out of there. Childminders/nannies don’t wanna know about school holidays only.
    I’ve raised a complaint with LA about the way the whole thing has been handled but also about lack of services.
    Do I have any more options? What is the LA’s duty in supporting us? I remember reading something in the children’s act about them having a duty to support parents who wish to work/study? Could I call an emergency review of his EHCP to look at the social care element as his needs are currently met during term time we can muddle through.
    Erm yeah just help! Thanks if you got this far!

    Alex Price

    08 Aug 2023

  • Can a LA ignore school reports on Annual Reviews

    LA does not acknowledge our schools report as it states he needs residential schooling

  • Is it true that ADHD is not considered a disability as far as The Equality Act 2010 is concerned?

    This question relates to a case we were told about recently: my 8 year old son was recently given a fixed term exclusion for ‘non-complaint behaviour’, the worst of which seems to have been using the calming fiddle toy we had given him during lessons. He does not have an EHCp but we are looking at that. He has been diagnosed with ADHD but we believe he also has a number of difficulties outside the ADHD diagnostic criteria.  We believe this exclusion amounts to disability discrimination. Our first response was to complain to the Academy and eventually a meeting was held which was chaired by the Chair of Governors who claims to have decades of SEND experience. At the start of the meeting, she questioned the legitimacy of our concerns as, as far as she was aware, ADHD was now not considered a disability as far as The Equality Act 2010 is concerned as this is what she had read in a local newspaper.

    SEND Kids
    Support SEND Kids

    05 Jun 2023

  • My son's nursery have refused to submit an EHCP. Is this allowed?

    My son's preschool will not apply for an EHCP because he is 'hitting his milestones'. This does not feel right to me. I have asked them to reconsider based on his diagnosis of ASC but they have declined. Is there anything I can do?

  • Can I download the Noddy 'No-nonsense' Guide as a pdf?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    27 Feb 2022

  • Please explain public task as lawfulness for data processing in context of EHCPs that a ) LAs and b) Schools rely upon? I believe the public task ...

    ... of the LA is to have processes in place for dealing with EHCPs i.e. NHS commissioning agreements, assessment processes etc. But PUBLIC TASK does not mean that sensitive specific individual data can openly/ without parental or child consent be processed with whom the LA deems appropriate ie. school consultations or third parties.This would need to be agreed. PUBLIC TASK in terms of EHCP/SENDIST means that processes are in place.

    LAs quote public task as lawfulness to share and obtain your individual data with third parties without your knowledge in EHCPNA and SENDIST. I don't agree and no one can explain this to me in simple SENDIST/ Education terms. Please can some one explain this as I believe LAs and schools are misquoting to obtain and share data strategically in sendist to blindsight parents

    MM AP
    Parent

    06 Feb 2023

  • Can I find the latest updates to the Noddy No-nonsense Guide to SEN law?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    06 Nov 2022

  • 09.330 Can the LA provide SEP outside of a school or educational institution?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    29 Mar 2023