Q:
Correct route of redress.
Section E - Outcome and Provision used to prevent full-time attendance. "Child will return to full time education by the end of Key stage one" Section F discusses slow transition but isn;t actually provision. The EHCP is under appeal with a hearing date of 13+ months now down to 12 months. The school named in Section I has placed the child on a reduced timetable. Parents disagree with this. A meeting was held, and the HT would not respond other than to state, "I am just going to repeat: we are following the EHCP". The following day, the child was suspended for 2 days. The following week, for a day. The child is in Key Stage One. We have submitted a request for change - An expedited hearing date. This is a friend I am trying to help. The EHCP is being used to prevent his legal entitlement to a full-time education. My question is, Is a PAP letter to the LA something that could work in this situation?
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 20 Oct 2024
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Other
Other
Too fact specific, I can't generalise.:
MH
If the EHCP is drafted in a way the parent/ young person does not agree with, the appropriate way to address this is by appealing to the First-tier Tribunal (FtT), which the parent has already done.
It is reasonable for the parent to request that the directions – which includes the hearing date - be varied, and no doubt the Request for Change (RFC) has clarified the very difficult situation you described to emphasise why it would be in the interests of justice to vary the directions. Perhaps it would have been beneficial to make this request in person at a case management hearing, particularly if the situation is as challenging as indicated.
Regarding the exclusion, does this raise the possibility of a disability discrimination claim against the responsible body of the school?
It appears, as acknowledged by the Local Authority (LA), that the child is not receiving full-time education in school. (the following guidance may be helpful https://assets.publishing.service.gov.uk/media/64a2f21fbb13dc000cb2e5e1/Minimum_School_Week_Non-Statutory_Guidance.pdf )
This could potentially be grounds for seeking a judicial review, though without all the facts it is difficult to be precise. Nevertheless, the excellent charity SOS!SEN has an initiative with others in this area, and it might be worthwhile for the parent to contact them as a first step:
https://sossen.org.uk/about/jr-initiative-the-pap-project/
As you may be aware, an LA can provide special educational provision outside of a school if this is necessary:
09.330 Can the LA provide SEP outside of a school or educational institution?
Therefore, if a child has an EHCP, a "do-nothing" approach isn’t really an option.
I apologise if this seems somewhat convoluted, but without all the facts, and given that we cannot provide legal advice, it is difficult to offer precise guidance. I would encourage you to speak with SOS!SEN about the possibility of seeking a judicial review; they may also be able to assist the parent with their appeal to the FtT and, if appropriate, a disability discrimination claim. If they cannot help directly, they may be able to suggest alternative sources of advice or assistance.
I hope this is of help, and I look forward to reading any contribution’s others may offer.
Sean Kennedy
Sean Kennedy
Talem Law
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