Q:
Does my LA have a legal duty to update my child's EHCP following the annual review and recommendations from her current setting? LA have said they ...
Does my LA have a legal duty to update my child's EHCP following the annual review and recommendations from her current setting? LA have said they will 'maintain' EHCP but won't amend with the updated recommendations from the school for significantly more provision of SLT and OT time, as they say that the 'outcomes' are the same and so it's not a significant enough change to warrant an update, and they would like to wait until a change in key stage.
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 08 Sep 2022
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No
Other
The Local Authority has a legal duty to ensure an annual review is completed, but it holds the decision making power regarding whether amendments are made to your child's EHCP.
Depending on the evidence provided and the annual review report prepared by the school it may be possible to argue the Local Authority has acted 'unreasonably' in refusing to make recommended amendments, particularly if it could be argued the reason for the Local Authority refusal to include this provision is based on cost and/or availability of therapy staff.
Victoria Federico
SEN Solicitor, Russell Cooke Solicitors
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2 Comments