Q:

Are there key transition moments when taking legal advice is advisable, during the process of getting or maintaining an EHCP?

SEND Kids

SEND Kids
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30 Jul 2021

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A: SenseCheck

  • 2 Yes
  • 0 No
  • 0 Other

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  • 20 Dec 2021
  • Yes

    Simple

    Annual review would be a time to at least think like a lawyer, even if you don't hire a lawyer to help with it. Analyse the existing and proposed EHCP side by side. If any wording has been changed ask yourself and the school Senco why, and what the implications are. If the logic isn't obvious it is possible that this is an attempt to remove some important support that your child relies on.

    Emily Foges

    Emily Foges
    Support SEND Kids

  • 05 Aug 2021
  • Yes

    Simple

    I would say that if you get legal advice on the EHC Plan at the outset as to its content to ensure it is enforceable, that would be very useful.

    And then legal advice is often needed at key transition stages such as nursery to primary, primary to secondary and secondary to college. This is usually because a change of placement is required.

    You can obtain legal advice in the interim periods as well if there is a significant change in need or provision that needs to be addressed.

    Guv Samra

    Guv Samra
    Shoosmiths