-
Is it legally possible to defer reception entry for a child who is NOT summer-born but does have exceptional circumstances that would justify being educated out of her age appropriate year group?
I have requested that my daughter be able to start reception a year late, there are lots of reasons for this (impact of extreme prematurity etc etc). I have found a school that will agree to it (if the LA also agree), but I had a call from LA this week to say that legally only summer-born children can do this. Reflecting on it later, I thought it strange that it was even presented as an option in the guidance and that schools had been willing to engage in conversations about the possibility of deferral (are they not aware of the law concerning this?) The LA said that they agree that she should be able to defer entry but legally their hands are tied. Is this correct? If so, is there anyway around it?
-
Can Social Care be compelled to attend Annual Review meeting?
Our daughter (aged 22) is currently at residential/supported living further education college in Hertforshire. She needs to leave this year and so the LA requested an early Annual Review meeting which takes place this Friday. Whilst the SEN Caseworker will be in attendance, the social worker who was assigned to our daughter's case last year has been taken off her case and as yet, nobody has been appointed by the Social Care team. Are they legally bound by SEN guidelines/COP etc. to attend?
It is fundamentally important to have them part of the process, as we have to decide where our daughter is going to live. We are currently looking for residential care home closer to our home (in Farnborough, Hampshire). So they need to be integral to the whole transition process.
Any advice would be welcome. Thanks.
Johann Diaz
20 Jan 2025
-
Interventions in section F - should the intervention and the assessment methods be described? Example: "Daily 1:1 mathematics booster planned by a teacher and delivered by TA. Effectiveness will be assessed in line with the National Curriculum framework and measured in year groups."
Most interventions within reports do not mention how to measure outcomes - should schools default to the National Curriculum descriptors in such cases? I am confused how the 1:1 ordinary available provision and the EHCP provision differ? If a child received a certain ordinary available provision and then an EHCP was issued, do they continue to receive the ordinary provision? The ordinary provision was more specific and clear than the EHCP provision.
-
Annual Review and appeal
We have an ongoing issue with the LA not adhering to the legislations in regard to my son's Annual Review. We are currently appealing Section B and F and whilst the LA have confirmed that they will amend his EHCP, then have stated that they have no intention of actually issuing an amended EHCP.
Quote from the LA:
'The statutory guidance for Annual Reviews does not prescribe a specific template for issuing a Local Authority proposed EHCP – there simply is not a temptlate for EHCP’s therefore utilising working document to replace the amended proposal should not disadvantage your son'
They have refused to give me a legal basis for this, instead stating:
'I must respectfully clarify that the Local Authority, as the respondent in this appeal, is not in a position to provide further legal justification or interpretative guidance to the appellant. If further clarification on legislative matters is required, we would kindly suggest seeking independent legal advice or advocacy to support your understanding of the statutory framework.'
My understanding was that a Working Document is used for communicating changes during an appeal and therefore it is isn't appropriate to suggest this as a replacement/alternative?
Given that our hearing is in early April, I'm not sure if we have any options in terms of a Pre-Action letter/Judicial Review? Would it be better to concentrate on preparing for the appeal and bring up there what the LA have done? I have already submitted all of our AR meeting minutes etc... as evidence to SENDIST, so they will know that at least part of the AR has taken place.
Thanks,
SofiaSofia Huguet
09 Jan 2025
-
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?