Results [101]
  • 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.

  • where the Parents and the LA have been in Sendist Tribunal for nearly two years , the reports are outdated .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    first tier tribunal but reports outdated by 2 years , no support from health or education during that time

    Kerry Lough

    10 May 2024

  • Phase transfer - negative consultation mainstream

    Our preferred mainstream has responded to say unsuitable due to aptitude, ability. The reasons they have provided are nothing that can’t be overcome and would be applicable to the school the LA have named too although their school responded to say “may” be able to meet need. What I’m struggling to understand looking at sections 33 & 39 is how parental preference & mainstream school being made suitable doesn’t support our choice for a particular mainstream.

    ER H

    28 Feb 2024

  • Does anyone know what the legal position is in relation to costs in the SEND Tribunal?

    Just spoken to the officer at the LGO who made the decision referred to in this question:

    He said one of the reasons the LGO doesn't have jurisdiction is because the SEND Tribunal has the power to award costs. He said he doesn't recognise my assertion that the general rule in the SEND Tribunal is not to award costs. He said this would surprise him if it was indeed the case.

    Does anyone know what the legal position is in relation to costs in the SEND Tribunal? Has the SEND Tribunal issued any guidance on this point? I was advised by our solicitors when appealing our child's EHCP that the general rule in the SEND Tribunal is that there should be no order for costs. We therefore made no such application. The officer from the LGO said he believed the SEND Tribunal did make orders for costs and that therefore the LGO couldn't look into recompense of legal fees because it would involve stepping on the toes of another body. My point is that if the other body - i.e. the SEND Tribunal - isn't using its powers and is in fact actively encouraging claimants not to - then where does that leave claimants - other than in debt if they've had to instruct a solicitor to try and obtain justice?

    I asked the LGO officer if he knew what proportion of cases that came before the SEND Tribunal resulted in a costs order being made. He said he had no idea. Obviously, it his not for him to know this but I just left wondering if this information is readily available or if it's worth me making a FOI request? The officer did say there is lacuna in the law in relation the LGO's jurisdiction ending when appeal rights become available, but he assured me the LGO had fully and properly considered R (ER) v Commissioner for Local Administration & Anor [2014] EWCA Civ 1407 (Hillingdon) and applied it correctly in my case. Have I reached a dead end with this or are there cases pending that might make me making an application for judical review (to be put on hold pending such a decision) worth while? Many thanks.

    SEND Kids
    Support SEND Kids

    03 May 2024

  • 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

  • Interim Provision

    The YP has been out of school for two years and the LA have not provided any educational provision. The Tribunal has been adjourned for the third time and the LA are supposed to provide suitable interim provision in the meantime. The YP has ADHD and the LA are proposing online learning which he cannot engage in. His assessments and EHCP note he struggles to remain seated for longer than 10 minutes and cannot concentrate for more than 2-3 minutes. A practical course that allows for movement is recommended. The YP wants a construction course (14-16 years) with functional skills maths and English. A local learning provider have offered a place using their own funding for the YP up to the date of the Tribunal providing an interim measure for the YP. The parent would like to accept this but the LA have cited section 42 (5)
    The parent is not however suggesting that they wish to electively home educate at any point - in fact quite the opposite. They want to use this as an interim measure up to Tribunal where the placement is to be defined as sections B F and I are disputed and under appeal. The LA proposal for online learning does not meet need or provide the current provision listed in the EHCP and to date the LA have failed to provide any provision at all since June 2022. If the parent sends the child to the construction course in the interim given that there is no provision in place from the LA making it clear that this is simply an interim arrangement just until Tribunal and not elective home education can the LA cute section 42(5). Please consider that they are failing under section 42(2)

  • School cannot meet needs of child but do not yet have an EHCP - what happens next?

    Our son (6) is in a wonderful mainstream school. He has a diagnosis of a rare genetic condition that is linked with behavioural issues and/or learning disabilities. He clearly has severe behavioural issues but no formal assessment yet. The school have done everything they can to support him including almost full time 1-2-1 support. We were just about to start the EHCP process but his behaviour has deteriorated massively the last month. He is increasingly violent towards other children and adults, including his support person. He is spending 90% of his time outside the classroom. He has now begun trying to escape the building and has almost managed on a few occasions. He is now a health and safety risk for himself and others.

    The school tell me they have run out of options and can no longer manage him with their current resources. We are having an educational phychologist assessment on Thursday but clearly we can’t wait a year or more for the EHCP process to run its course. Sorry for the long winded context but my basic question is, in situations like this is there any sort of emergency support or is an EHCP expedited? He’s a danger to himself and others in the present situation. There is a specialist school nearby but I’m unclear if we can approach them without an EHCP. Any advice on what to ask/push for/ do would be really appreciated.

  • My son has a terrible EHCP in place (current review at draft stage), but he’s been rejected from a Sen school by LA, and mainstream nursery won’t have him as his EHCP doesn’t reflect his needs - what options do I have?

    My son will be 3 in July. His current EHCP reflects very little needs, which is very inaccurate (his paediatrician has written that he needs 1:1 in mainstream, just for context). The LA rejected his school place request at early review quoting the child and families act, but didn’t actually give a reason why. The school we applied for takes from age 3. The LA have said they will consult with the school about looking into the school place April 2025. The mainstream nursery have said they can’t secure extra funding needed to support my son at nursery with his current EHCP as it is, so what options do I have?
    I’m very confused if a school take from 3, why we would be rejected now but put forward for consideration next April instead as surely this is based on his current needs?

  • 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.

    Elaine Coverley

    09 Apr 2024

  • We have EOTAS following tribunal, with provision specified in section F. It is now five weeks since we received the tribunal order and the provision ...

    ... is not in place - ie we haven't received the personal budget. We have received a pb contract, but it doesn't include all the provision in section F. Some of which is really clear (eg 38 weeks instead of 39) and some I think the LA would consider open to interpretation, though seems pretty clear to me. I don't want to sign a contract that isn't correct, but I do need the money ASAP to pay the providers. Is my best option just an official complaint? Is there any wording to quote to potentially speed things up? Thank you

    S R

    24 Aug 2022