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Are medical notes that have been annotated and signed by the DR acceptable for EHCP
Medical professional has annotated and signed the medical records but LA will not accept them or add them to the EHCP
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EHCP was issued with no school named. Initially mainstream but now agreed mainstream is not appropriate. The LA have consulted for a school place with incorrect diagnosis, stating that my daughter has MLD social and behavioural needs when she is SpLD, intelligent and has no social or behavioural needs. Are they breaking the law in doing this?
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Tribunal Bundle
Extended appeal inc Social Care.
During VCMH the Judge advised the LA to concede Section I as unreasonable (no evidence to support its position). LA agreed which left some minor dispute of OT related needs & provision plus all of D & H.
Judge asked us to agree to the outstanding to be heard on the papers which we did. This was nearly 2 months ago and our actual hearing should have been 6 weeks ago.
The paper hearing date was moved so still hasn’t been heard yet.
Supplementary bundle has evidence which a) was served to us but not submitted to the tribunal b) totally new evidence that we haven’t seen c) omitted evidence submitted by us.
The majority of the errors don’t make a difference in the disputed areas but the new evidence does.
I have asked the LA Solicitor twice in the last four weeks
to correct the bundle without a reply (usually communicates). I
I followed the instructions of the clerks and emailed
in a direction was issued which set out the new hearing date on/from which stated issues with the bundle to be resolved between parties.
This is most probably irrelevant but adding to the injustice but there is a stage 2 investigation report about what I believe is unlawful thresholds for social care provisions which is being withheld yet they’ve submitted evidence in way. As it’s a paper hearing there won’t be an opportunity
to challenge this evidence.
Is there anything else I can do? If there’s isn’t anything I can do regarding the tribunal, is there a route of redress regarding the solicitors lack of action/response? -
Taking children out of school during term time
I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.
Mark Walker
16 Sep 2023
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Removing references to evidence in the working document
Hello, we have our Tribunal hearing in a few weeks for our appeal of Section B and F and an extended appeal for Section C and G. We have managed to agree a large amount of the working document with the LA and they have asked me to now remove the references to professional reports against each statement that has been agreed.
I'm not keen to do this in case they change their mind about what has been agreed and adjust the working document before the hearing and my references then wont be included.
Is it standard practice to remove references from the working document before a hearing on agreed statements?
Thanks, Verity -
Understanding change of placement in section I after permenant exclusion?
My son is in year 7, EHCP and been permanently excluded.
He was in mainstream and I was trying to get a change of placement but the LA had not put the paperwork through in time and told me to wait. In which time he was PEX. I'm not appealing the PEX as it's pretty pointless, he lasted 10 weeks in Mainstream school.
Now the PEX has prompted a change of placement under section I. I have named a specialist, the LA are consulting on Parental preference. But they feel his needs can still be met in Mainstream and consulting with them.
Due to the PEX he is now educated outside of school and the LA have set him work online with a tutor online. Which obviously does not meet provision F. I also work full time and after next week I have zero childcare. I have complained to the director of children and suprise, nobody cares.
I have two questions with anyone that has been through this:
1.When the LA name a school that is not parental preference I have the right to appeal under SEN tribunal, this is currently a 9-12 month wait, is this triaged as more urgent as he is not in school? Also will the 'tutoring' remain in place whilst I appeal?
2.I have contacted every solicitor I possibly can to proceed with judicial review, can anyone recommend anyone that could take legal aid and has availability?
I actually have no idea what to do and I don't actually no how I'm going to keep my job. Anyone that's been through this experience and could share would be much appreciated, I can't find this situation online anywhere.O -
Tribunal B, F and I (July 2024): the LA made a request to appeal, the case has been reviewed once (inconclusive), I am now awaiting a second review (with the original panel)
The LA want to carry out an Annual Review. Can changes be made to those sections which are being reviewed by the tribunal?
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We are in the final stages of EHCP. We have requested EOTAS (to pay for online school) and a personal budget. The LA have said "County Independent panel have reviewed your request for EOTAS and personal budget to fund Kings Inter High, further information is required before EOTAS can be considered. We will be contacting F...... high school to establish if they are able to support funding Kings Inter High as E. remains on their school roll. We will also be issuing consultations to independent settings to establish suitability; these consultations will be shared with you before they are issued." My question is does the LA pay for EOTAS - why are they asking the school? The LA tried to unroll her from mainstream but we said they could not do this until they have provided alternative provision - and we request EOTAS - were we wrong to do so?
My daughter is happy at online school. She has tried two mainstream schools and cannot manage. She will not attend school in person and the EP report is fairly conclusive with this regard.
Angie Lee-Foster
17 Jan 2024
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If we register our child through the standard secondary school admission process, will their EHCP automatically cease?
Our adopted, Year 6, daughter has an EHCP with VI as the main need. We chose a secondary school for her with a specialist VI unit, in a different county. They can definitely meet needs but have yet to agree to the placement. If we went through the standard admissions, she would be given a place in our chosen school as she is a previously looked-after child. But we have been told by our Local Authority that if we do that, the EHCP will cease. Is that correct, would that be a legal move?
Cecile Laurent
17 Nov 2025
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Can I deregister child from school whilst awaiting an EOTAS package at tribunal?
Child has mainstream school named on EHCP. She is struggling attend due to high anxiety. We dont believe any school is appropriate currently and are hoping for EOTAS to be awarded. Can we deregister her from school whilst waiting for tribunal? Or would that make appeal at tribunal void and mean the LA would no longer be responsible for sourcing provision?