Q:

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 ...

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?
Thanks

AP

Amanda Palmer
03 Jun 2022

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A: SenseCheck

  • 1 Yes
  • 0 No
  • 1 Other

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  • 13 Feb 2023
  • Other

    Complex

    Can't answer yes or no.:

    Thank you for this question which raises four legal issues: the right to request a school, the timelines for annual review, what information the tribunal considers, and the naming an out of county school.  

     The naming of a school is covered in section 9 of the No-nonsense Noddy Guide. You may find the following answer is especially relevant covering parental preference and when an LA can lawfully refuse to name the requested school: 09.12, https://supportsendkids.org/question/1644854459137  

    The timeline for annual reviews is addressed in the No-nonsense Noddy Guide here: 04.35, https://supportsendkids.org/question/1667590658529 

    The issue of what information the tribunal considers is addressed in the No-nonsense Noddy Guide, and here is the link to the question: 12.06, https://supportsendkids.org/question/1644875713191. More generally, section 12 of the No-nonsense Noddy Guide covers tribunal procedure.  

    Finally, the issue of naming non-residential schools which are out of area is one we will be considering for inclusion in future updates to the No-nonsense Noddy Guide.  

    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

  • 12 Dec 2022
  • Yes

    Other

    All of the needs detailed in section B can be appealed which can include social communication and physical disabilities.

    If there is no other suitable school placement to meet need in the area, then yes, out of borough placements can be considered.

    Guv Samra

    Guv Samra
    Shoosmiths