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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?

    G D

    25 Oct 2024

  • 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?

    G D

    24 Oct 2024

  • 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!

    G D

    23 Oct 2024

  • Tribunal order- School now saying not appropriate provision for him citing - school structure, student cohorts, and his specific needs

    Child is 13yrs old, attending special needs maintained school (yr9) diagnosis of severe learning disability.
    I went to Tribunal earlier this year (April 2024) re appealing Sections B & F of the EHCP. LA professionals incl SLT, OT and Educational Physiologist reports were complied as part of the reassessment of his needs.
    The EP report I felt was a fair representation of my son's needs, in particular (as example) citing his sensory needs related to the classroom environment, low arousal, to be in a classroom environment with peers with low sensory needs i.e ''no stimming'' as an example.
    The LA SLT report recommended he needed 1:1 TA hours for core subjects, 15 hours, weekly for core subjects- English, Maths, Science, PSHE.

    The Tribunal hearing was held in April 2024, with the Final EHCP issued by the LA in July 2024 (no amended Final draft EHCP issued, only Final).
    An 'implementation' meeting was held with the school at the end of September, with a detailed plan given to me by the school of how they had started to implement the 1:1 hours TA hours weekly and an updated timetable was given to me. At the end of the meeting I checked whether the school had received the Final EHCP to which they responded they hadn't- they had only been working off the Tribunal order. At this meeting, there was no indication from the school that they wouldn't be able to meet my son's needs and the Tribunal order, it was a positive meeting.

    On 14.10.24, I received an email from the school saying that after reviewing the Final EHCP, and discussions with the senior leadership team they felt that the

    ' School was not the most appropriate provision for Xxx. Given the structure of the School, and the nature of our student cohorts, many of the elements within our school are not compatible with the specific needs that have been identified in the updated EHCP''

    School said they would be arranging an Emergency Annual Review meeting, I have yet to receive the date of this meeting.

    My son is very happy and settled at school and a possible change in placement will have significant negative impact on him and us as a family (his Dad and I are separated).

    Where do I stand legally and how do I best prepare for this meeting please, and also preparing for the worse case scenario? I am very worried.

    S G

    22 Oct 2024

  • 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?

    M H

    19 Oct 2024

  • Fall back position - Mainstream vs Mainstream

    I am aware that I can propose a fall back position if the LA preferred school is a special school but what if it’s a mainstream?

    Can I ask for mainstream type?

    I would be using L vs Wandsworth 2006 - breakdown in relationship.

    M H

    09 Sep 2024

  • Do tribunals often refuse requests for witness summons?

    We are concerned that we will be disadvantaged if our witnesses do not attend the hearing. What else can we do if a summons request is refused?

    B N

    24 Jul 2024

  • 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.

    M H

    23 Jul 2024

  • 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 & E

  • Child offered place but LA won't fund what can be done

    Child offered place at preferred school, turned down by 8 others named. LA has named totally inappropriate setting which will be damaging to her development and mental health. Tribunal will take a year, she's in year 9 so can't be kept out of school for a year. Clock ticking what can be done?

    Emily Foges
    Support SEND Kids

    22 Jul 2024