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• 13 Mar 2025

• Other

  Simple

  Too fact specific, I can't generalise.:

  Ms Dean,

  My initial reaction is that the Local Authority (LA) has not complied with the statutory timescales for reviewing and amending your young man’s Education, Health, and Care Plan (EHCP). The process, from the review meeting to receiving the amended document, should take no longer than 12 weeks. This issue is covered extensively in responses to other questions raised on this site.

  It is unclear from your query how old your son is or whether an amended EHCP has been issued. However, the LA appears to be suggesting your son attends another mainstream school, whereas you prefer he attends a special school. (The term "specialist" does not apply in this context.) I recommend considering the following points:

  A) If the mainstream school placement is not working, you should check whether Sections B and F of your son's EHCP are fit for purpose. Remember, at a mainstream school—which he is clearly eligible to attend—the school must be made suitable by ensuring all necessary special educational provision is put in place.

  B) If you wish to change schools to a different type of placement (a special school) and are unable to engage in constructive dialogue with the LA, you can seek assistance from the First-tier Tribunal (FtT) after first considering or attempting mediation.

  The Noddy Guide provides particularly helpful information in this area. You might find it useful to start with this section:

   09.12 Can parent’s/young person request a particular placement? 

  I recommend downloading the Noddy Guide and working through the relevant sections. Additionally, you can raise further questions on this forum. As long as you are seeking general guidance and not specific legal advice, your queries are likely to receive responses.

  I trust this is helpful.

  Sean Kennedy.

   

  

  Sean Kennedy
  Talem Law

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