Is it worth pursuing a refusal to assess for my autistic son's EHCP application

Obvious reasons why it might not be granted is that he is achieving well academically in school, good attendance and no behavioural concerns. However, he has to wear a significantly adapted uniform which takes a significant emotional toil on him to wear. He would be a school refuser were there to be a small shift in circumstances for example my husband works in the school and this may not always be the case, certainly not in secondary school and his current school have indicated that they may change the policy on his adapted uniform. We are considering getting an educational pscyhologist report (privately funded) now, would this be valuable and worth the investment for this process or to support ongoing adjustments during his remaining educational years. He is in a private school currently so we have also thought about requesting an EHCP (no funding) route. There is no local authority involvement in his care currently but he is likely to move into the state sector in secondary school. He is in year 5.

Can the LA refuse to consult an Independent mainstream

My LA is refusing to consult a mainstream secondary independent unless I agree to pay the school fees, and they will pay any top up from the EHCP (very little support needed at the moment) my child is mainly SEMH does not want sen in a mainstream but wants to go to a small class size mainstream (independent) LA is refusing, I will appeal but is it lawful to refuse to consult the school? they seem to be using a loop hole by re stating they are not refusing to consult, they will consult if I agree to pay the fees is this lawful?

Can a council move an EHCP (to a 'receiving authority') while the EHCP is going through appeal?

This is a complex situation explained to me by one of our members. The mother, while resident in Camden, applied for an EHCP and requested 3 secondary schools to consider her child (early 2025). The EHCP was so inaccurate (and included out of date information) that she believes this caused all 3 schools to say they can't meet need. She then appealed to have the EHCP updated but the appeal has been pushed back over and over again.

In the mean time, the parents divorced/separated. The Dad remains resident in Camden but due to cost of living, the Mother (around 18 months ago) moved to Hertfordshire, temporarily. The child was fully resident in Camden when the original EHCP application was made (and attended Primary school in borough). The child had to start secondary school (sept 2025) in Hertfordshire.

The EHCP appeal is ongoing. The Mother wants the outcome of appeal to name one of the 3 schools in Camden, then she can move back in Borough (can't move now as has to get child to school each day in Herts). Camden have just sent a letter asking for proof of residence in Camden by 10 April. If they don't get proof of residence they will pass the EHCP onto 'the receiving authority'. Is this allowed? (Note: Mother is a fire fighter, does this give her any special consideration as a key worker?) Thank you so much to anyone who can advise.

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