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.

Can I be forced into EOTAS? No school (including mainstream, private and specialist want to have anything to do with my son as he is a flight risk/runner/climber). If I have to do EOTAS, can I specify what the should provide?

I do not want to do EOTAS but my son is a flight risk/runner and no school wants to have anything to do with him. Suspected ODD but no formal diagnosis

can LA ignor my chooseMy child has an EHCP, and Lambeth has allocated a school that was not listed on my Year 6 transfer application. What is the next process — can I appeal or challenge this decision, and what steps should I follow?n secondary scjholl and alloctaed of their choi

I applied for my child’s Year 6 secondary transfer, and I live in Lambeth. The schools I selected were outside the borough (Kensington & Chelsea), and Fulham but Lambeth has allocated a school that I did not choose. How can I challenge this decision, and what steps do I need to take, such as the appeals process?

If you would like, I can also make it more formal for emailing the council.

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?

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?

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?

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?

Need SENDIST Appeal advice

Hello,

I’m seeking advice from SEND professionals and tribunal specialists about expediting a SENDIST appeal and securing interim educational provision.

Background
Child: 6-year-old autistic child with high support needs.

Appeal lodged: Sections B, F and I of the EHCP.

Tribunal date received: December 2026 (over 12 months away).

Current status:

Child is out of full-time education. Still on school roll.
Named mainstream school has confirmed in writing and verbally to LA that it cannot meet need.

Attempts at attendance result in distress and school refusal behaviours.

Local Authority position:

LA still asserts the named school is “suitable”.
LA arranged 4–9 hrs/week AP through a provider.
However, the provider has been told by the LA that they may “shape and increase” the AP package themselves, despite the LA retaining the legal duty under Section 19 and Section 42.

No reintegration plan, no criteria for progression, and no oversight mechanism has been provided by the LA despite repeated requests.

Key Concerns
Child has effectively no education beyond a few hours per week.
EHCP Section F is not being delivered.
Section 19 duty is not being met in any meaningful way.
LA appears to have no coherent plan, and responsibility for the child’s education has been passed informally to an AP provider.

Waiting until late 2026 risks severe emotional, behavioural and developmental regression.

What we need expert guidance on
Could anyone advise on the following, based on your experience?
1. Best way to successfully request expedition of a SENDIST appeal

Especially when:
The child is out of school
The school says they cannot meet need
AP is inadequate
The LA has no plan
The delay will cause significant harm
Any examples of grounds that have worked, or phrasing the Tribunal responds to, would be very helpful.

2. Whether the above circumstances meet the threshold for expedited listing

Does prolonged absence from education + lack of Section 19 fulfilment typically lead to expedition?

3. Whether this case meets the criteria for a Case Management Hearing (CMH)

Particularly to:

Challenge the LA’s assertion that the existing placement is suitable
Secure directions for interim provision
Clarify the LA’s responsibilities
Ensure evidence and consultations are completed

4. Whether a Judicial Alternative Dispute Resolution (JADR) is possible
We understand JADR is usually for Section I appeals only, but would tribunal specialists confirm this?

5. Whether a separate Judicial Review (pre-action) should be considered
Specifically around:
Failure to provide Section 19 suitable education
Failure to deliver Section F
Failure to make lawful decisions
Delay and lack of planning

6. Practical steps the parent should take.

Whether a parental impact statement strengthens the expedition request

Whether clinical reports supporting “harm to the child” help secure expedition


We are simply trying to understand:

What procedural routes exist
What has worked for other families
How to get the Tribunal to recognise the urgency

Any input from SEND lawyers, tribunal reps, ex-LA officers, SENCOs, or parents who have navigated similar situations would be gratefully received.
Thank you.