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  • Can the LA refuse to make private provision part of Section F of my child's EHCP when I have evidenced the expertise does not exist locally and that it is required clinically?

    My child is unable to eat or drink after suffering trauma at birth. A specialist OT intervention has been requested by his consultant but this is not available in our locality. I have exhausted all other options and found a private provider. The intervention must become an integrated part of my son's care to be successful. It must be carried out at school in the same way as at home so I need it to become part of Section F of the EHCP. The LA have agreed to include some of the advice as part of Section G. My child already has statements on his plan in Section F endorsing the need for consistency, routine and stability in all aspects of his learning. Can I use this as legal grounds to make the private intervention part of Section F?

  • Taking children out of school during term time

    I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.

  • 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?

  • 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.

    Kate Walton
    Ruskin Mill Trust

    10 Jan 2024

  • 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.

  • 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

  • Can council name an out of area mainstream school instead of a local school if both can meet need?

    We visited a large number of local mainstream schools (including some suggested by SEN case worker) but didn't think any of them could meet the needs in the EHCP. Therefore we named a specialist school, and an out of area mainstream more experienced in supporting children with similar needs to our daughter. The LA consulted with an additional 4 schools which we / SEN case worker did not consider. We had been clear to our SEN Caseworker that our preference was for a mainstream school if they could meet all of the needs in the EHCP, but that we had not found one locally.

    LA named the out of area mainstream due to 'parental preference', and are therefore saying they won't provide transport as they could have named a local school.

    What are the scenarios where LA can name a school that was not listed in parental preference? Can LA account for broader information by provided by the parents, not just the actual listed schools?

  • A school complaints panel has ruled that the Head teacher can deviate from providing what is well stated in section F of the EHCP, is this lawful?

    I made a complaint to the LA and the mainstream primary school that my daughter was not receiving her education in line with section F of the EHCP which was very clearly and precisely stated following Tribunal.
    The LA refused to address my complaint telling me that the school must consider it. The complaint went to Stage 2 at the school and the panel ruled it was reasonable and defensible for the Head not to provide SaLT, now and next trays, noise cancelling headphones etc to my child and dismissed my complaint. I am within 12 weeks of their decision, can I challenge this decision at Judicial Review or by other means? Much of the provision is now being made ironically, although some elements are outstanding.
    I have written evidence directly from the Head refusing my child the provision because it was his opinion that she did not need it.

    Amina Tayiba
    Parent

    02 Mar 2024

  • Is it legal for the LA to enrol my child in a school without my knowledge ?

    I am going to tribunal to appeal most of my son’s EHCP including the school named by the LA in section I.

    He was on roll at a primary school till the end of year six but hasn’t attended for four years.

    I’ve just found out by chance (I wasn’t notified of this by the school or the LA), that my son has been put on roll at the school named by the LA.

    My son and I have been very clear that there is no intention or expectation from us that he would be able to attend this school as it can’t meet his needs and is completely unsuitable.

    I’m concerned that the school may be receiving funding whilst my son is receiving no education from the LA.

    Also, I’ve been told that if a child is on roll at a special school (which this school is), the parent had to ask permission if they wish to deregister to EHE.


    Thank you

  • In Y8, my son has a diagnosis of ASD but has not yet been assessed for an EHCP. We took him out of school last week due to us feeling they can't meet his needs, anxiety around school and bullying. Struggling to decide what would be the best thing to do: he has found the secondary school environment so difficult that he doesn't want to attend a school, but I feel unable to educate him myself. School are scaring me with talk of me keeping him out on unauthorised absence. What would be the best course of action to make him comfortable in school, and keep him in the education system?
    Helen Hall

    23 Jan 2024