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  • 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?

  • 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

  • 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.

  • If we register our child through the standard secondary school admission process, will their EHCP automatically cease?

    Our adopted, Year 6, daughter has an EHCP with VI as the main need. We chose a secondary school for her with a specialist VI unit, in a different county. They can definitely meet needs but have yet to agree to the placement. If we went through the standard admissions, she would be given a place in our chosen school as she is a previously looked-after child. But we have been told by our Local Authority that if we do that, the EHCP will cease. Is that correct, would that be a legal move?

  • Taking children out of school during term time

    I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.

  • If a decision is made to electively home educate a child who previously had a school-based IDP, does the school-based IDP automatically cease upon deregistration from the school? Is the LA then required to determine whether it will maintain the IDP?
  • If a request is made for the LA to review and revise a school-based IDP with the view it becomes an LA-maintained IDP, and the LA panel decides that additional evidence and assessments from the school are needed before reaching a decision, what happens if the child is removed from the school roll during this process? Does the panel need to reconsider the request and decide whether to maintain the IDP, given that there is no longer a school to provide the requested evidence or implement recommendations? Or should a new request be made for the LA to determine whether the child has ALN?
  • Denied authorised absence, does it fall under equality act

    My daughter has an EHCP detailing she is dyslexic & had ADHD. I take her to a registered charity specialising in teaching kids with dyslexia that I pay privately for. Last year the school authorised this under code b and now they are refusing to. Is there anything I can do or would this come under the equality act to make reasonable adjustments?

  • Secondary school naming with appeal pending - Y5 transition timing

    I have an appeal pending with a hearing in the first months of next year. We've just had our annual review and the school amended the EHCP but noted that there's an appeal ongoing.
    They're saying we'll need another annual review after the appeal to name the secondary school. My child is in Y5, and they've warned the secondary could refuse him if they see the EHCP post-appeal.
    I've heard it's better to request secondary placement earlier rather than waiting until June 2026. The secondary school SENCO confirmed they usually get requests much earlier than June.
    Questions:

    Should I request secondary placement now or wait until after the tribunal?
    Can the LA delay naming a secondary school until the appeal's resolved?
    Could requesting now affect my appeal?

    Thanks for any advice!

  • ETW appeal – placement named in the IDP – How to write a case statement and evidence that the environment is not suitable for the child.

    A child in Wales with ALN, has been permanently excluded twice from mainstream secondary schools and now has a LA-maintained IDP. The parent wants to appeal the school named in the IDP. The concern is not about the school’s ability to deliver the ALP, but that the environment is unsuitable due to the child’s extreme anxiety and past negative experiences with pupils who attend the school named. The child refuses to visit the school or even enter certain towns where the child may see these individuals, and the parent fears this will prevent the child from accessing education and may pose a safety risk.

    How can the parent reflect this clearly in their case statement, and what evidence can they provide to support the appeal, especially given that the child will not visit the school and this is purely based on the child's feelings?