Q:
Can my child be placed enrol if Sections B&F are still outstanding but I is agreed?
Appeal against B, F & I. The LA have conceded on I. Placement is a non s41 school which my son started last week. The LA have updated their position to tribunal & placement is agreed in the working document. We are not yet agreed on B & F but the outstanding issues aren’t going to result in huge changes to provision however the school have now informed me that until the plan is finalised he can’t be placed enrol, so can’t attend full time and his place is at risk as he can’t be in transition for this length of time. With the appeal date so far away surely I can’t be forced to agree B & F or lose the school ?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 09 Nov 2023
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Yes
Other
MH, it is unclear whether the 'school's' concern is solely about them not being named in section I. If that's the case, I recommend you consider requesting the Local Authority (LA) amend section I of the Education, Health, and Care plan (EHCp) so it now identifies the agreed placement. R. 28 of The Special Educational Needs and Disability Regulations 2014 permits them to do this:
https://www.legislation.gov.uk/uksi/2014/1530/regulation/28/made
This has happened to me many times and it has not been a problem.
The amended EHCp, or more precisely, the contents of sections B and F of the amended EHCp, can now be the focus of the appeal. (Essex CC v DH (SEN) [2016] UKUT 0463 (AAC). I know you say the LA has informed the Tribunal, but for completeness, you maybe should send the Tribunal a copy of the amended EHCp with a RFC to request that your grounds of appeal be amended such that they do not include section I as this has been agreed as evidenced by the newly issued EHCp.
I hope this is of assistance.
Sean Kennedy
Talem Law
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