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  • Can council name an out of area mainstream school instead of a local school if both can meet need?

    We visited a large number of local mainstream schools (including some suggested by SEN case worker) but didn't think any of them could meet the needs in the EHCP. Therefore we named a specialist school, and an out of area mainstream more experienced in supporting children with similar needs to our daughter. The LA consulted with an additional 4 schools which we / SEN case worker did not consider. We had been clear to our SEN Caseworker that our preference was for a mainstream school if they could meet all of the needs in the EHCP, but that we had not found one locally.

    LA named the out of area mainstream due to 'parental preference', and are therefore saying they won't provide transport as they could have named a local school.

    What are the scenarios where LA can name a school that was not listed in parental preference? Can LA account for broader information by provided by the parents, not just the actual listed schools?

  • Phase transfer - negative consultation mainstream

    Our preferred mainstream has responded to say unsuitable due to aptitude, ability. The reasons they have provided are nothing that can’t be overcome and would be applicable to the school the LA have named too although their school responded to say “may” be able to meet need. What I’m struggling to understand looking at sections 33 & 39 is how parental preference & mainstream school being made suitable doesn’t support our choice for a particular mainstream.

    ER H

    28 Feb 2024

  • Can I download the Noddy 'No-nonsense' Guide as a pdf?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    27 Feb 2022

  • A school complaints panel has ruled that the Head teacher can deviate from providing what is well stated in section F of the EHCP, is this lawful?

    I made a complaint to the LA and the mainstream primary school that my daughter was not receiving her education in line with section F of the EHCP which was very clearly and precisely stated following Tribunal.
    The LA refused to address my complaint telling me that the school must consider it. The complaint went to Stage 2 at the school and the panel ruled it was reasonable and defensible for the Head not to provide SaLT, now and next trays, noise cancelling headphones etc to my child and dismissed my complaint. I am within 12 weeks of their decision, can I challenge this decision at Judicial Review or by other means? Much of the provision is now being made ironically, although some elements are outstanding.
    I have written evidence directly from the Head refusing my child the provision because it was his opinion that she did not need it.

    Amina Tayiba
    Parent

    02 Mar 2024

  • 09.355 Can a parent or young person express a preference for a school outside their own LA’s area?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024

  • 09.34 Should a placement be named in Section I where there is a slow transition to that placement?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024

  • 06.04 Are there time limits in respect of the preparation of an EHCP?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024

  • 04.037 Can a parent request a reassessment of the CYP?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024

  • 04.036 Does the LA have a deadline by which to amend a plan where a CYP is transferring between phases of education?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024

  • 02.19 Does the LA need to take extra steps to pay “due regard” under the PSED when delivering SEP in an EHCP?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024