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  • In the working document as part of an EHCP Contents Appeal, if I quote from Part C evidence, for example quote from a summary of a My Support Plan within an ADHD report (where the My Support Plan paragraph is clearly labelled), do I need to also include the full My Support Plan in Part C?

    Part C evidence page limitations mean that I am trying to keep page count as low as possible as there is other evidence I would like to add.

    Another example would be if I am including a previous First Tier Tribunal decision letter in my Part C evidence and then quote from a report that is directly word for word quoted in that letter, do I need to add that report to Part C, in addition to the letter itself?

    A B

    14 Feb 2025

  • What happens if you turn down two settings offered by the LA (one AP one a school) because you do not think they will meet needs (backed up with professional evidence)? Can I hope to get EOTAS?

    I am currently in the process of taking the LA to tribunal for section B, E, F and I. They failed to put in a lot of the EP evidence and failed to do a SaLT or OT assessment despite the EP report stating it was needed and me asking for them to be done.

    Harriet P
    Home

    31 Jan 2025

  • Should I prioritise requesting a SALT or OT assessment over the EP report in my EHCP appeal, considering the potential for necessary therapy and interventions to support my child’s needs?

    I am currently in the process of appealing my child’s EHCP, as the LA has omitted both an OT and a SALT assessment. The EP report submitted is from October 2023, but I am not sure whether I should prioritise further assessments.

    In my appeal, I have requested that the LA carry out both an OT and SALT assessment, but I am concerned about their follow-through, given my lack of trust in the process. I’d appreciate your advice on which assessment would be more urgent to prioritise — the EP report, which is broader in scope, or a SALT assessment, which could potentially lead to therapy for my child.

    Thank you.

    M Z

    03 Feb 2025

  • Do services funded by a personal budget need to be from an LA approved providers?

    Hello,
    I hope that you may be able to help; I have a query about personal budgets.

    We currently have a PB for my son's independent OT. This service is delivered at my son's school by an outreach service run by a specialist school. He's had the same therapist for around 18 months.

    This was approved by the LA, to be paid business-to-business during his EHCP AR process and I have panel decision documentation which supported the use of this specific outreach service, as my son has an established relationship with them and no other OT service could do the in-school visits.

    We're currently in tribunal with the LA (section B and F) and now two months before our hearing date the LA have told me that the OT provider is not on their list of approved providers and that they want me to consent to my son being reassessed so that they can move him to an alternative service.

    I think that the LA are trying to pressurise me into having LA assessments (as we've currently got independent reports). I'm aware that they can write to SENDIST and request access and that personal budgets are also outside the remit of the FTT.

    The specialist school that provide the OT service do educate children from my son's LA, so I find it hard to believe that they are not an approved service. I am digging into this!

    I've read the regulations around PBs and I can't see that there is actual a requirement for the provider to be on an LAs approved list? Is this correct?

    Sorry, that was a bit long winded.

    Thanks so much, Verity

    Verity M

    27 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.

    The Raven
    N/A

    11 Jan 2025

  • 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,
    Sofia

  • 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?

    The Raven
    N/A

    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

  • 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.

    Chris F
    Education

    12 Dec 2024

  • 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?

    The Raven
    N/A

    20 Dec 2024