Q:

My child’s school is refusing to meet his needs .As part of a now 8 months overdue assessment to update his appalling EHCP an OT assessment took place in March including school observation . The report said he was not currently able to access education , and needed 1to 1 support, different seating in class , and sensory support provision . School have had this information for 3 months , and don’t propose to do anything not even change his seating till September and after the permission of the school governors is given . LA plan writer went long term sick 2 months ago and nobody is answering e mails. This feels illegal as they are not meeting his needs , and LA are so overdue . What action can I take please .

JB

Jan Brown
20 Jun 2022
Watched by 3

A: SenseCheck

  • 0 Yes
  • 0 No
  • 2 Other

Newest Answer Oldest Answer

  • 25 Aug 2022
  • Other

    Simple

    Can't answer yes or no.:

    There are quite a few issues here which are fact dependant, but generally you may wish to consider (if relevant):

    1. Insisting that statutory deadlines relating the EHCp and its review etc are complied with (found in the CFA 2014 and The Special Educational Needs and Disability Regulations 2014)
    2. Making a formal complaint to the LA when deadlines are breached or provision is section F is not provided.
    Sean Kennedy

    Sean Kennedy
    Talem Law

  • Comment

  • 18 Jul 2022
  • Other

    Other

    Can't answer yes or no.:

    The school cannot be forced to deliver the recommended provision from the OT report until it is included in the final EHC plan. If the LA have not included the OT recommendations in the EHC plan as yet then this needs to be pursued urgently. Can you make contact with the LA officer's manager? If not, then you may need to consider legal intervention. This can be in the form of an email/letter from legal representative to the LA initially prior to formal judicial review proceedings being considered. 

    Guv Samra

    Guv Samra
    Shoosmiths

  • Comment