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  • Can council name an out of area mainstream school instead of a local school if both can meet need?

    We visited a large number of local mainstream schools (including some suggested by SEN case worker) but didn't think any of them could meet the needs in the EHCP. Therefore we named a specialist school, and an out of area mainstream more experienced in supporting children with similar needs to our daughter. The LA consulted with an additional 4 schools which we / SEN case worker did not consider. We had been clear to our SEN Caseworker that our preference was for a mainstream school if they could meet all of the needs in the EHCP, but that we had not found one locally.

    LA named the out of area mainstream due to 'parental preference', and are therefore saying they won't provide transport as they could have named a local school.

    What are the scenarios where LA can name a school that was not listed in parental preference? Can LA account for broader information by provided by the parents, not just the actual listed schools?

  • 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.

    Amina Tayiba
    Parent

    02 Mar 2024

  • We are in the final stages of EHCP. We have requested EOTAS (to pay for online school) and a personal budget. The LA have said "County Independent panel have reviewed your request for EOTAS and personal budget to fund Kings Inter High, further information is required before EOTAS can be considered. We will be contacting F...... high school to establish if they are able to support funding Kings Inter High as E. remains on their school roll. We will also be issuing consultations to independent settings to establish suitability; these consultations will be shared with you before they are issued." My question is does the LA pay for EOTAS - why are they asking the school? The LA tried to unroll her from mainstream but we said they could not do this until they have provided alternative provision - and we request EOTAS - were we wrong to do so?

    My daughter is happy at online school. She has tried two mainstream schools and cannot manage. She will not attend school in person and the EP report is fairly conclusive with this regard.

  • 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?
    S L

    29 Feb 2024

  • Is it legal for the LA to enrol my child in a school without my knowledge ?

    I am going to tribunal to appeal most of my son’s EHCP including the school named by the LA in section I.

    He was on roll at a primary school till the end of year six but hasn’t attended for four years.

    I’ve just found out by chance (I wasn’t notified of this by the school or the LA), that my son has been put on roll at the school named by the LA.

    My son and I have been very clear that there is no intention or expectation from us that he would be able to attend this school as it can’t meet his needs and is completely unsuitable.

    I’m concerned that the school may be receiving funding whilst my son is receiving no education from the LA.

    Also, I’ve been told that if a child is on roll at a special school (which this school is), the parent had to ask permission if they wish to deregister to EHE.


    Thank you

  • In Y8, my son has a diagnosis of ASD but has not yet been assessed for an EHCP. We took him out of school last week due to us feeling they can't meet his needs, anxiety around school and bullying. Struggling to decide what would be the best thing to do: he has found the secondary school environment so difficult that he doesn't want to attend a school, but I feel unable to educate him myself. School are scaring me with talk of me keeping him out on unauthorised absence. What would be the best course of action to make him comfortable in school, and keep him in the education system?
    Helen Hall

    23 Jan 2024

  • Is there a legal list of what can and cannot be included in an EOTAS package? The LA want to include maths and English tutors which my son can’t engage with due to school trauma. The LA’s EP has said maths and English needs to be embedded within activities.

    I am suggesting activities such as building a remote control vehicle, theatre and museum visits and learning about tractors from an agricultural engineer (rather than a tutor). The EP said subjects should help his future career. He wants to be a farmer. The last time my son accessed a tutor he ripped up the exercise book and ate the pages. It was not because of the tutor (who was patient and listened) but because of the school trauma and the trigger of work he was being asked to do. They are also looking at science tutors. It’s appears to be their section 19 offer rather than based on the EP’s report.

  • Still waiting for EHCP, son not coping in state school

    We started the EHCP process in Feb 23, and we still haven't seen a draft plan. There's been huge breaks between specialist appointments but we've finally spoken to the educational psychologist. We're nearly at 30 weeks since this process started.

    My contact at the council isn't responding to me.

    Can anyone advise who I should be contacting within a council to get an update.

    My son has just started a mainstream school and has become violent and isn't receiving much support as we don't have this plan.

  • Year 10 options

    Hello,
    My son is in year 9 at a mainstream secondary school, however is in a special unit there which they say is a school in between a special school and mainstream. My son is autistic and has speech and language delay. We have been told that for year 10 his options will be level 1 maths and English. I have looked at another school in the area that teaches autistic children and they are offered so much more such as lots of vocational programmes along side there maths and English. Do you think I would be best trying to move him to somewhere that could accommodate him to do that? Would I have a fight on my hands to get the local authority to agree to move him? I am just so worried that he is not being offered more options and the school system is failing him again. Has anyone any positive stories of what their child went on to do?
    Thank you in advance

  • Can the LA refuse to attend a dissagreement resolution meeting and / or mediation prior to Tribunal?

    I'm working with a family who were thinking of cancelling their Tribunal (luckily they haven't). They have been offered a Disagreement Resolution meeting by the mediation service. I am unsure if this is the same as formal mediation? Having waited 4 weeks for a meeting date the mediation service has responded as per below. I am at a loss as to what to advise further to the family now. Is there no statutory duty for the LA to attend either disagreement resolution and / or mediation?

    After contacting your Local Authority, we have now received a response from them to your voluntary Disagreement Resolution request. On this occasion, your LA has, unfortunately, declined to participate in this meeting.

    We are therefore closing this case. This does not preclude the possibility of the LA contacting you directly to attempt to resolve the problem. If we subsequently receive a response from your Local Authority, we will contact you to discuss further.

    You may wish to consult your SEND Tribunal about your alternative options for proceeding with your Disagreement Resolution request.

    Kate Walton
    Ruskin Mill Trust

    10 Jan 2024