I don’t want school to attend mediation. Refusal to issue. The school see no issues, whereas my daughter is in the verge of EBSA. They have never supported any referrals, despite my persistent requests since reception. I finally paid for a dyslexia assessment in Y3 which identified moderate dyslexia but recommended SALT & ASD assessment. The ASD referral was refused at triage as school information said she was fine. So I paid for those assessments too. She was diagnosed Autistic & SALT highlighted language difficulties, following instructions 0.4 percentile, her other scores were 2 percentile or below apart from 1 which was 40 percentile which is how SALT thought her lack of understanding was being missed. I have seen via SAR school stating my child has no issues & that it is me. The mediation company have invited the school and the Headteacher & SENDCO are attending. I really don’t want them there but the Mediation company said they have to. I also asked for just one decision maker from the LA attend but I have been told the manager & case worker have to attend. I have also been diagnosed Autistic & I feel intimidated. I thought it was up to the parties in the mediation to request who is invited, not the mediator.Watched by 2
We have just been rejected for the second time for a PIP application for my 31-year old adult son who has recently been diagnosed with Severe Autism level 2 'requiring substantial support'. We are appealing, so now it goes to HM Courts & Tribunal Service. I am feeling completely overwhelmed and out-of-my-depth, and as his Mum I am aware I have no legal experience or expertise, and we are only allowed one hearing. Is anyone able to offer me any legal advice and/or support?Watched by 4
Can Section A only be amended at annual review? I have just successfully appealed Sections B, F and I of my child’s EHCP at Tribunal. The Tribunal has ordered the LA to amend Sections B and F. The LA is in the process of doing so. My question is whether the LA is precluded in law from making the amendments I have requested to Section A at the same time?
The LA has said it can only do what the Tribunal has ordered it do it and that I will have to wait a year for an annual review to ask for amendments to Section A. My understanding is that as Section A can’t be appealed and does not come within the jurisdiction of the Tribunal, there is nothing in law to preclude the LA from making amendments to Section A now - when they are working on the EHCP to amend Sections B and F. Is this right?
I know I may be wasting my time arguing a point of principle here, but it feels an important one as the Draft EHCP was very poorly drafted and didn’t even include the full views my daughter had written out herself nor the full information she had given to the LA’s Ed Psych as part of a sentence completion activity. I therefore felt that in not including them in Section A her voice had been ignored, which was contrary to the whole principle of the Code of Practice. I have been asking for these amendments since the poorly written Draft was issued.
The LA ignored my requests to make the amendments during the exchange of working documents and has now come back with a ‘No’ and an email saying, ‘This can be amended following a future annual review. Legally [we] must stick to the working document and what the Tribunal have ordered us to amend.’ This feels unnecessarily unreasonable but is there anything in law to support their point?
Any advice gratefully received. Thank you.Watched by 6
My daughter is in mainstream with an EHCP of 32.5. I want her moved into a primary specialist setting. She’s now yr 5. Process was delayed by 2 years due to pandemic. Have been turned down. LA also in email trying to deter me from naming a specialist secondary on her AR which is next week. Despite EP has stated ‘she needs a differentiated curriculum’ and to be ‘educated with like-minded peers’ . And that info appearing on EHCP draft.
The reasons LA gave were vague and non specific. School is full, levels too high apparently , (even though only emerging y3 with full support) and would impact on efficient education of others. (Found case law on IPSEA)
Current School support the move.
Feel that LA acting unlawfully and incompetent re timelines.. so was told I could go to AR with only a working document not a proper draft - I’ve challenged that and working doc has been relabelled and sent as a draft with now obsolete info as per EP report.
I will exercise my daughter’s right of appeal, but is it only learning levels that are ever considered at tribunals? she has a complex range of medical, soc communication and physical disabilities as well as being at pre key stage levels.
Is there anything in the Noddy Guide specific to this?
Also can I name out of county as an alternative?
ThanksWatched by 7
Can a claim of discrimination be made against an LA for failing to make reasonable adjustments when it does not want to pay for something? My autistic son has an EHCP where a provision was approved by the LA Complex Needs Panel. The LA did not follow the advice of its own panel and did not inform the parents or school of the increased provision. The LA also did not issue a new EHCP which prohibited the family from appealing to the SEND tribunal. In another example, the LA consulted with a new school but refused to pay for his provision after the school accepted my son. My understanding is that if an LA mandated x amount of hours for speech and language therapy in an EHCP and the school did not implement it this would be discrimination. Can the same be true for The LA? Can the LA be held to account for failure to support a child with SEN where the provision is considered reasonable?Watched by 1
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 youWatched by 8
A friend's child with complex needs and severe autism has been allocated a wholly unsuitable secondary school by the LEA. His teachers and all assessments to date support that he needs a specialist school. The parents have appealed to tribunal and now being supported by lawyers who have told them they need to obtain statements from 3 expert witnesses (an educational psychologist, an occupational therapist and a Speech and language therapist), which comes at significant cost and also means the hearing will need to be delayed (it is already not until October). This could mean having to homeschool him, with parents taking extended leave from work.
Is this correct? What are the risks of not getting that kind of expert support?
Are there good sources of support available on an urgent basis?
Are there any options for alternative provision/support to be provided pending tribunal outcome?Watched by 5
Can you pass on any advice to parents who are attending Tribunal to make it less stressful and help them be prepared?Watched by 6
WEBINAR: 24 March 2022: 1pm and watch on demand.
Noddy Nonsense Guide 2022, the definitive guide to SEN law / Authors, David Wolf QC, Matrix Chambers, and Leon Glenister, Landmark Chambers, talk to Ali Fiddy, Chief Executive of IPSEA / with online Q&A.Watched by 3
We have received a refusal to issue an EHCP from our local authority and have appealed the decision. We are now progressing to tribunal and have been asked to provide witnesses. The school are not supporting us in our application for an EHCP as they cannot “see” the challenges that our son has, despite his diagnosis of autism.
The LA’s witnesses are the school SENCO, educational psychologist and a solicitor. So far, we have no one to be a witness as he has not received support from external parties since his diagnosis 2.5 years ago. We have asked the diagnosing psychologist but she would need to reevaluate him and will charge for this. She recommended that it may be better if we ask an independent educational psychologist to evaluate him.
Do we need to have witnesses to strengthen our cases and if so who else can we ask? Would legal representation be wise? We are concerned that won’t win this due to lack of school support and understanding and are not certain that paying new witnesses is the answer.
Any advice welcomed.
Thank youWatched by 3