-
Is there guidance what evidence should tribunals disregard?
If evidence is 3/4 years old but has not been replaced by newer evidence, should this be automatically removed form EHC plans? If evidence is 3/4 years old and matches more recent evidence, should it always be taken out of an EHC plan because it is old? Are there instances where some of it should remain? For instance, evidence that shows progress in a certain area (or lack of progress) would need a start point and a current point in time. Thus, evidence regarding a start point in the past is needed in the plan as part of needs?
-
Annual Review during the appeal process
We're currently appealing Section B and F of my son's EHCP and have our hearing date in Apr. My son's AR meeting took place on Dec and I'm currently awaiting the outcome of this.
My understanding is that the AR process is the same if we are in the appeal process or not? However, the LA have stated that:
'...since this matter is currently subject to live appeal proceedings, the appeal process takes precedence over the annual review. The Local Authority will address the requested amendments through the Annual Review within the context of the live appeal and using the working document.'.
They seem to be implying that we'll just continue with a Working Document, rather than issuing a new EHCP. I am going to ask for further clarification about this, however I wanted to ask some advice, so that I can ensure that I know the law around ARs before getting back to them.
Many thanks,
SofiaSofia Huguet
07 Jan 2025
-
Can anything be done to prevent my son's school from misusing its authority?
Several children in my son's class have reported that the teacher has repeatedly punished the entire class by making them stand outside the classroom and restricting their breaktime play as a consequence of the misbehaviour of a few children during lessons.
Breaktimes serve as important movement breaks that help calm hyperactive children, enhance cardiovascular health, and improve oxygen intake.
It appears that the school does not record/log these incidents or communicate the details to parents. In our case, my son, who is autistic and experiences emotional dysregulation (though he does not misbehave in class), did not inform us about what happened. This is likely because he did not understand why he was made to stand outside the classroom during breaktime.
Apart from EHCPs, are there any other mechanisms to prevent the school from misusing its authority?Gordon M.
06 Jan 2025
-
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.Inactive User
02 Mar 2024
-
Who can request EOTAS?
I work at an SEN School & we are trying to move one of our pupils onto EOTAS, as we cannot meet need within school or the local area. The local authority are stating only they can request EOTAS and not the school. I want to know if this is true or not? & if it is not, if there is any case law to back up this up.
-
Can flexischooling (such as two days a week home learning) be an EHCP provision and what evidence (apart form professional reports) counts as reasonable evidence for it?
If a child spends considerable amount of time out of class, is this child eligible to receive the support needed (from parents) and use this time to study at home?
-
Do you know where I can hire a solicitor to challenge a private school admission refusal of my speech delayed child (sibling)?
My younger daughter (3y 9mo) has Speech delay and is on the ASD pathway. I tried to get her a place in her big sisters school but they were oversubscribed. I've gone through the schools complaint procedure and their reason for denying my speech delayed daughter a place has changed at each stage of the process. They were a non-selective school but since I accused them of SEND discrimination (during the assessment: they were giving verbal instructions to my daughter) and then refusing her a spot for not following those directions. The school now claim to be academically selective. Their school policy documents state they are non-selective. My older daughter goes to the school and I would like the younger one to join her.
They are oversubscribed this year and say they've refused other children who are more academically able than my younger daughter. At this point, the head teacher is being perfectly kind and polite but digging her heels in on the matter. I need to take things to the SEND Tribunal and I would like legal representation to look over my case in detail. There is a lot of documentation on the matter including more recently, a letter from the proprietor claiming my daughter's cognition is the reason they have not admitted her into the school and not the lack of capacity they earlier claimed. They are lying, the only reason she hasn't gotten in is because of her SEN and other factors.
For further context, there are SEN children at the school some with worse delays than my daughter presents with. I've looked around several schools in the area, both state and private and this school is truly the best option for her. The teachers are lovely, but the head teacher is stubborn.
I need legal representation please. It is clear that the school will not change their position except the Tribunal ask them to do so. Who do you recommend please. I cannot manage sending my girls to two different primary schools. Or where do you think I can find someone to represent me.
Thank you. -
Do parent's have legal rights if a local authority's Occupational Therapy (OT) team is refusing to assess for a Disabled Facilities Grant (DFG), or if their assessment and report-gathering process appears inadequate or unauthentic?
We were. referred to Local Authority Lifelong OT services for a home assessment to look at ways to improve child's psychological and physical barriers to eating within her home environment which are profound and require specialist intervention from hospital specialists. Child has not had a home assessment to explore what adaptations could be made, just a referal for early support, NHS OT therapy block and a specialist chair and commode. What steps can I take to ensure Lifelong service conduct a lawful and adequate home assessment for a disabled facilities grant?
-
What are the current legal hours of education provision from over 19 year old with an EHCP
My young person has been offered a provision of only two and half days. I am queuring whether this is legal and if there is a set number if hours that need to be provided.
-
Do previous tribunals count?
Do previous tribunals count? Same young person, same LA, same developing diagnoses ASD/ADHD .. and more. Why do parents need to keep doing this. it's highly unfair.
It looks like I am going to have to go to tribunal yet again. This time the school he is in for KS4 is offering him a place for KS5. He is a brilliant fit for the school and most provision is imbedded. Most importantly he loves attending and wants to continue. Last tribunal got him in after which he thrived. it is private and hence costly and that's the only thing the LA seems to consider. Hence 2 previous tribunals.