Q:

My daughter was 18 august, asd and anxiety, she's had eotas named since 2019. She gets tuition. LA have reduced tuition to 2hrs (from 11) this sept. ...

My daughter was 18 august, asd and anxiety, she's had eotas named since 2019. She gets tuition. LA have reduced tuition to 2hrs (from 11) this sept. Is there any laws about how many hours she can have? We have tribunal booked for jan 23. Unsure how strong our case will be given her age. Any advice?

CR

Claire Ridgway
18 Sep 2022

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A: SenseCheck

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  • 21 Sep 2022
  • Other

    Complex

    Can't answer yes or no.:

    As Guv advises your daughter is no longer of compulsory school age.  However, the Tribunal has been clear that it expects young people in education with an EHCP for this to be full time, unless unsuitable for the young person and their needs.  For example some colleges may offer a 3 day a week course, the Tribunal is always interested to know what is proposed for the other 2 days per week.  Focusing on what she can achieve within education, working on the outcomes in Section E of her EHCP and ideally considering independent expert evidence would be good advice. 

    Victoria Federico

    Victoria Federico
    SEN Solicitor, Russell Cooke Solicitors

  • 19 Sep 2022
  • Other

    Complex

    Can't answer yes or no.:

    The law does change post 16 as young person is no longer of compulsory school age. However, there are still young people who access educational courses full time. It will depend on the course that you are looking to pursue to be put in place, and, what educational outcomes are to be achieved. It would be useful for this to be supported by way of an educational psychology report. If young person wishes to pursue education post 16, then they are able to, however, the outcomes and progress to be achieved from the education that they are seeking to be put in place needs to be clear. And it must be clear that young person has more to learn and has capacity to do so.

    Guv Samra

    Guv Samra
    Shoosmiths