What to do about 2 critical pieces of information being left off LA evidence bundle

I am going to tribunal imminently and I have just realised that two vital pieces of information for my evidence are not in the LA's prepared bundle. I was so overwhelmed with the pages of irrelevant material that was put in (by them e.g some historical notes not particularly relevant) that I missed what was critical and I have just seen it. A send7 will delay my case and I cannot do this, (even though I intend to but I basically cannot wait for the response) my child is not in education so I cannot delay the hearing (even though the LA appear to be doing all they can to delay it). It rests on section I .....what can I do I am really worried the judge and panel will not see these vital pieces of evidence. I did submit them previously but they are not in the bundle and I assume this is what the judge and panel sees? as in not what has previously been submitted but what has been collated and is in the bundle? I do feel this was a tactical move and sadly intentional any advice appreciated thank you

Provision within Section F not being delivered by school

Hello,

I hope that you may be able to help; I'm concerned that school are not delivering the provision that is with my son's EHCP. Within Section F it specifically states that my son will have dedicated 1:1 support in every class and at unstructured times by a teaching assistant who has undergone ELSA and autism training.

My son’s class of ~28 children is staffed with one teacher and one teaching assistant. When I asked the SENDCO who would be undertaking the dedicated 1:1 role she told me that my son ‘gets the support he needs as he needs it’ (I have this in writing). If my son is unable to participate in what the class are doing (for example going swimming), then school have suggested that my son is moved to another class with a different teacher and TA for the duration, which is very stressful for him. I don’t understand why he should have to do this, given the provision within his EHCP.

We are currently awaiting an update about when the class TA will be commencing ELSA training.

Am I correct in thinking that if it states that my son will have dedicated 1:1 from a person with specific training, that he can’t just be moved about and have bits of 1:1 from one person and then another?

I’m meeting the headteacher and SENDCO next week, as I don’t believe that they are delivering what is stated and funded within my son’s EHCP.

Can I ask school how they are spending the funding from the LA?

Many thanks,
Claire

Can an educational psychologist provide a professional opinion that a student requires a specialist school placement, without recommending or naming a particular school?

Can you do Elective Home Education and lodge an send tribunal for EHCP?

Hi my child (mentioned before on here) is ASD with PDA. He is out of school following breakdown of place, unmet needs and autistic burnout. We have had an annual review and some helpful changes to section F but also large omissions that do not recognise his SEMH needs, levels of anxiety and requirement for therapeutic educational environment. Despite clear EP recommendations in the report that current mainstream setting is not appropriate, current setting has been listed in Section I - I don't even believe any school was consulted in the review process regarding Section I and the LA have just left it as the existing school (so it appears). We are going through the process of mediation and lodging an appeal for Sec B,C, F and I. At the same time, existing setting has arranged Alternative Provision in the form of a tutor. This is not working out well and is to the detriment of his wellbeing so it has been cancelled. The first visit from the tutor prompted him to elope outside, run through the gate and onto the high street in his bare feet and was extremely heightened. He has not been like this for 6 months so we are seriously contemplating elective home education as we do not want to continue to expose him to an education system that has done nothing but bring him trauma. Is it permissive to do home elective education whilst at the same time lodging an appeal at the send tribunal? Do you think the 'optics' may erode our chances of getting a place? or would this factor deem to be irrelevant in terms of the law?

If the appeal for sections B, F and I are resolved prior to tribunal, can we still go to tribunal for sections D and H?

We are close to resolving section F with the local authority. However, sections D and H are very much disputed. We strongly need a social care recommendation from the tribunal but are worried that if sections B, F and I are resolved, we would lose our legal entitlement to section H being reviewed at tribunal.

EHCP quantification when not on Ed Psych report

My primary-aged child has an EHCP, and a recent independent EP report identified severe dyscalculia. We are planning to request an early review / amendment of the EHCP. We have not yet sent the report to the LA or to the school.

The EP report clearly sets out the nature of provision required—specifically an individualised, structured maths programme (CPA approach) delivered by a teacher with specialist SpLD/dyscalculia qualifications and experience.

However, due to the psychologist’s terms (they have strict terms and conditions and do not undertake tribunal/EHCP quantification work. We went back to them and they strengthened the recommendations as far as they could within their remit.) the report does not state exact hours, frequency, duration, or group size.

We know Section F must be detailed, specific, and quantified, and that the LA has a legal duty to secure it—meaning they cannot delegate the quantification to the school's discretion.

What is the most effective route to get an enforceable Section F without giving the LA an excuse to issue vague wording like "regular" or "as required" ? Do I just send in the EP report and ask the LA to amend Section F and determine the appropriate frequency, duration, group size and level of expertise based on the professional evidence?
All advice greatly appreciated

Year 5 Missed Annual Review

My son has an EHCP and is entering Year 6. His Year 5 Annual Review was missed, which is a major issue because our preferred secondary school has a practice of requiring the EHCP consultation to be sent before June of Year 5 for consideration. Now, the primary school staff and SENCO are putting pressure on us during a transition meeting, arguing that the school is 'too academic and busy' for him and pointing to his 'Working Towards Standards' profile to steer us toward alternative placements. We want to name our preferred secondary school as our absolute first preference on the Phase Transfer form. In practice, what are our legal rights regarding this missed Year 5 review and the secondary school's June timeline, and can the school or local authority override our choice based on subjective claims that a school is 'too academic'?

Thank you so much for your questions. It is an academy and mainstream. I won partially an appeal in January 2026 and they amended the EHCP in April ( not sure what they amended ). Now we have an annual review meeting in September with the school but I think there was a missed annual review in Year 5. Plus the secondary schools told me last year that usually to get a place the EHCP should be sent to them before June in year 5 -

Can we appeal on the basis EP requirements not being included in section F? Can we also appeal on area of primary need?

Hello, I have a full time EHCP for my son who has ASD. He is currently out of school since Feb 26 following break down of mainstream placement and autistic burnout/trauma from unmet needs.

Can we appeal recent EHCP review on the basis of EP report recommendations not being included in section F?

The EP report has specified the following:

The way forward with the highest chance of success is likely to be the following: An appropriate adult is identified to make contact with J's family, initially spending time in the house with parent/carer. o This adult very gradually becomes acquainted with J in a friendly way, with no demands or expectations placed upon him. o The adult is eventually able to play some games with J and/or talk to him about areas of specific interest to him. o The adult and J research areas of interest and then create some record of this. o The adult meets with J in an agreed neutral place to carry on the contact. o J visits an appropriate setting (without school in its title) with the adult. o J attends the setting with the adult. o Other pupils are introduced very gradually. Academic demands are introduced in a way which ensures easy success. o Academic demands are gradually increased, with enhanced support whenever needed.

This is not in section F of the reviewed EHCP. The LA do not think the requirement for slow transition back into education needs to be cited in section F this for the reason:

While the detailed transition process outlined in the report has not been specified within Section F of the EHCP, the Local Authority would expect any educational setting working with J to take account of the professional recommendations within the report when planning and implementing his transition arrangements. Section F of the EHCP specifies the long-term special educational provision required to meet J's identified needs rather than setting out a detailed step-by-step implementation plan.

We asked for SEMH as the primary area of need but LA have rejected this and have stated his primary need is ASD. Can we appeal this? I am presuming it doesn't really make that much difference but we would also like a SEMH school in section I but for some reason they have put his mainstream school where he is still on roll (where we were informed they could not meet need but agreed to keep him on roll and pay for tuition until such time a placement becomes available).

To summarise,

Can we appeal on section F? (not including EPs recommendation for a slow re-integration back into setting), and what case law is out there regarding section F/EP recommendations?
Can we appeal on area of primary need? (ASD/vs SEMH?) - Does it matter so much when the young person has trauma based needs? Surely you can be SEMH and autistic? Its just if yo are autistic I understand you are more likely to face trauma. Does it help to appeal this though if we would like a SEMH placement?
Can we appeal placement? (LA stated mainstream but we understand mainstream cant meet need, parents would like SEMH?)

Many thanks

Funding for Private Provision

My daughter is diagnosed AuDHD and receives high rate daily living DLA and low mobility. No EHCP.

She attended a private Waldorf school until it closed down in 2024. Waldorf has a very different approach to education which was accessible to her.

After the closure there was a nearly 2yr court battle between myself and her father as he tried to force her into state school. CAFCASS concluded that would not be in her best interests and would in fact be harmful for her to attend state school and it was court ordered that she would not be made to. She was to be home educated and attend a Waldorf home education group four days a week - highlighting that the Waldorf approach is the type of education that she can access. I was able to receive financial support for this through UC as it was Ofsted registered as childcare.

She has now aged out of that provision and wishes to attend another private Waldorf school, ideally starting in Sept for the next two years for her GCSE's. (She would be going into year 10)

Unfortunately the fees would stretch the family budget to it's max and the schools own funding applications have closed for this upcoming year.

What funding sources are available?

Would a section 19 be applicable here?