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  • 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

  • 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

  • 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

  • If YP is in specialist residential placement and is looking to stay there at post-16 transfer but the LA name the local FE college instead, can the YP continue attending the existing specialist placement until the Appeal process completed or do they have to attend the provision named by the LA in the interim?

    Post-16 transfer wish to have continuing placement in specialist residential

    W HH

    31 Jan 2024

  • Can I ask questions about the LA's response to our EHCP appeal without being in contempt of court?

    I wasn't sure if it is legally permitted to ask a question on here that reveals the LAs position.

    Ben N

    05 Jan 2024

  • 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

  • If an error in law is made, can social care decisions be challenged at UTT? Would this be considered an error?

    LA have an autism plus policy to access the Children with Disabilities team (Level 3). Although the published policy states that children at Level 2 can receive direct payments/short breaks in practice, they can't.

    We submitted as evidence the LA response to stage one complaint, which specifically states, "Direct payments is a specialist service that are only available to children who meet the criteria for the children with disabilities team. This is also true of other specialist short break services". In that letter, it also sets out the reason the threshold for CWD is not met as he doesn't have a severe learning disability + Autism. The LA offered an Early Help Assessment. and referred to the Local Offer and the HAF programme as the recommended provision.

    This was written by the manager of the CWD team who was the LA witness at the hearing. The appeal was BFI + Social Care but section I was already conceded and he attends a s41 specialist. The LA did not submit any information regarding the social care element of the appeal until five days before when they added this witness and her statement.

    I presumed that the purpose of including social care as an extended appeal was so needs and provisions would go into the EHCP, and if LA and I disagreed, the tribunal would make recommendations. Once it became clear that the LA was not responding to that element, I wasn't sure what recommendations the Judge could make.

    During the hearing, my position was that the outcome of the Early Help Assessment was already pre-determined. That provision must be based on needs and not which team the child is with. I referenced the Liverpool LGO decision regarding what seems to be an identical practice. I wanted a recommendation for a children's and families assessment.

    The Judge said that he would be recommending an Early Help Assessment because the LA is within its rights to apply a policy that children work through the stages starting at level 1. He said that the practice of short breaks/direct payments only being available to children with CWD was a 'miscommunication' even though the witness did not say at any point that children at stage 2 could also be eligible for short breaks.

    Would this be classed as an error? Or have I misunderstood? I am thinking now the LGO would have been a better route, but I am presuming that will not be possible now as it's been to SENDIST.

    ER H

    07 Dec 2023

  • 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.

    M H

    20 Jan 2023

  • Can my child be placed enrol if Sections B&F are still outstanding but I is agreed?

    Appeal against B, F & I. The LA have conceded on I. Placement is a non s41 school which my son started last week. The LA have updated their position to tribunal & placement is agreed in the working document. We are not yet agreed on B & F but the outstanding issues aren’t going to result in huge changes to provision however the school have now informed me that until the plan is finalised he can’t be placed enrol, so can’t attend full time and his place is at risk as he can’t be in transition for this length of time. With the appeal date so far away surely I can’t be forced to agree B & F or lose the school ?

    M H

    09 Nov 2023

  • Has any Local Authority ever funded the building of a classroom at home for EOTAS?

    Evidence for tribunal

    Laura B
    Charity

    19 Oct 2023