EHCP section I failure by LA
My son has tried two mainstream schools both failed as he is adhd with autism traits. His final EHCP stated he is to return to the mainstream school he prev failed in. The school listed in the EHCP told the LA they can’t meet need, but a specialist school that we named during the EHCP process said they can meet need but the LA has ignored all this..
My son refuses to go back to mainstream education as he knows he’s over whelmed and gets in trouble. And, he has elements of PTSD to the point I can’t even get him to a meeting in the named school.
I am 3k in debt because I had to get a private assessment due to waiting lists, and the private psyc report has also been ignored by the LA in their decision making.
I have escalated to tribunal, however even if the local authority decide to change it to the school we requested - how long would this take? Can it be done immediately as I am concerned he will loose his place on hold for him at the specialist school who can meet need and it’s his chosen preferred school. We were told by the LA to visit other schools which we did and he fell in love with the one we requested. He is high level adhd and has lost trust in everything and everyone because of this, it has really damaged him mentally. This is his first EHCP since diagnosis. He hasn’t been in full time education since November 2025.
This is so stressful, I am also a 24/7 single mum to two teen sons, I am also battling MS and this is having a damaging impact on my health as well as my sons.
Thank you for your time.
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 16 Jun 2026
-
Other
|
Simple
Can't answer yes or no.:
Dear Ms Edwards,
I am very sorry to read what you and your son are going through. We cannot provide legal advice through this website, but the following are some general observations and practical suggestions which you may wish to consider.
On the facts you describe, the central issue is whether the placement named in Section I can in fact meet your son’s needs and deliver the special educational provision required in Section F. Placement should not be considered on its own. It should follow from a proper understanding of your son’s needs in Section B and the support he requires in Section F.
It is therefore important to check exactly which parts of the EHCP have been appealed. If Section I is being appealed, you may also need to consider whether Sections B and F have been appealed too. If not, you may need to ask for the appeal to be changed so that Sections B and F are also considered. This matters because Section I should be based on an accurate description of your son’s needs in Section B and the support he requires in Section F. If Sections B and F are incomplete, vague or inaccurate, it may be harder to show which placement can properly meet his needs.
If the mainstream school named in the EHCP has told the local authority that it cannot meet your son’s needs, that is significant evidence. It should be considered properly and addressed directly. It should not simply be ignored.
Your son’s views and feelings are also relevant, particularly given his previous failed mainstream placements, his refusal to return, his anxiety and any trauma-related responses. The fact that he has not been in full-time education since November 2025 is also important and should be put clearly before the Tribunal.
The special school you requested as your son’s placement is also important. If it has confirmed that it can meet his needs and is holding a place, the local authority should explain clearly why it is refusing to name it in Section I. If this is a type of school which parents have a legal right to request, the local authority should name it unless one of the legal exceptions applies. In broad terms, those exceptions are that the school is not suitable for the child’s age, ability, aptitude or SEN, or that placing the child there would cause serious problems for the education of other pupils or would be an unreasonable use of public money.
If the local authority now agrees to name the special school, it does not need to wait for the final Tribunal hearing. It can concede the point, notify the Tribunal, and issue an amended EHCP naming the school. There is no need, in principle, for this to wait until the final hearing if the local authority agrees, although in practice you should ask the local authority to confirm a specific timescale immediately. You should also ask the local authority to confirm, in writing, whether funding for the place has been secured.
You may also wish to consider asking the Tribunal for a case management discussion using the SEND7 form. If urgent directions are needed, you can use that application to identify the key issues for the Tribunal, including that the special school is holding a place, the named mainstream school says it cannot meet need, your son has been without full-time education since November 2025, and there is a risk that the special school place may be lost. You can also ask the Tribunal to make or change any directions needed to move the appeal forward fairly and urgently.
Please also ensure that the independent psychological report is filed as evidence in the appeal. The point is not that the report was obtained privately, but whether it is relevant, reasoned and addresses your son’s needs, the support he requires, and the suitability of the proposed placement/s.
Finally, you may wish to investigate whether you are eligible for legal help or legal aid. Eligibility will depend on your financial circumstances and the nature of the issue, but you can contact Civil Legal Advice on 0345 345 4345. You may also wish to contact education law providers directly, including firms or organisations such as Simpson Millar, Irwin Mitchell or Coram Children’s Legal Centre, to ask whether they can advise on legal aid, legal help or other funding options.
Separately, some firms, such as Rook Irwin Sweeney, may offer limited pro bono assistance in appropriate cases. I understand that such assistance is limited and subject to availability, but it may still be worth investigating. There are also excellent SEND charities which may be able to assist, including SOS!SEN and IPSEA. Each of those organisations has a website with further information, resources and contact details.
In short, if the local authority agrees, it can amend the EHCP without waiting for the final hearing. If it does not, the Tribunal can decide Section I. Given the risk of the special school place being lost, you may wish to press both the local authority and the Tribunal for urgent progress.
I hope this provides you with some assistance. I also look forward to reading any further contributions others may make.
Sean Kennedy.
16 Jun 2026
|
2 Comments