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  • EOTAS for 17 year old

    My 17 year old son is struggling at college and its really affecting his mental health. He has an ehcp I was wondering if I would be able to get him and eotas package (my daughter has eotas) and if so what type of things could he do. Thanks

  • 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

  • Hours of provision in EOTAS package

    My 17 year old was awarded an EOTAS package at tribunal in November. It includes 15 hours a week tuition per week for 39 weeks a year, based on interests. My YP really likes history and would like tuition in it and the LA are in agreement. We are looking to start with an hour a week, possibly increasing to two hours in time as my TP would like to do GCSE. However the tuition company they use are struggling to find someone available in the day, as it’s a non-core subject and so most teachers will be at work. They’ve said they may be able to provide someone for after school hours, which we would be fine with.

    However the LA have said:
    About the history tutor, they are having difficulties obtaining one due to the hours. They did suggest out of hours, however the LA are only responsible for providing 32.5 hours of education within the school times (term times). Therefore, this does not include after school tuition. If they can locate a history tutor within school hours, this can commence immediately. I can contact another tuition company to see if they have any History tutors.

    I don’t have a problem with them looking with another agency. But surely what they have said about only being responsible for providing tuition within school times is incorrect? I thought the whole point of EOTAS was that it was flexible? If they can’t find someone available in the day is there case law I can go back to them with? All help and advice appreciated! Thank you!!

    G D

    02 Feb 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

  • Is it legally possible to defer reception entry for a child who is NOT summer-born but does have exceptional circumstances that would justify being educated out of her age appropriate year group?

    I have requested that my daughter be able to start reception a year late, there are lots of reasons for this (impact of extreme prematurity etc etc). I have found a school that will agree to it (if the LA also agree), but I had a call from LA this week to say that legally only summer-born children can do this. Reflecting on it later, I thought it strange that it was even presented as an option in the guidance and that schools had been willing to engage in conversations about the possibility of deferral (are they not aware of the law concerning this?) The LA said that they agree that she should be able to defer entry but legally their hands are tied. Is this correct? If so, is there anyway around it?

    LUCY HIORNS
    Parent

    24 Jan 2025

  • Can Social Care be compelled to attend Annual Review meeting?

    Our daughter (aged 22) is currently at residential/supported living further education college in Hertforshire. She needs to leave this year and so the LA requested an early Annual Review meeting which takes place this Friday. Whilst the SEN Caseworker will be in attendance, the social worker who was assigned to our daughter's case last year has been taken off her case and as yet, nobody has been appointed by the Social Care team. Are they legally bound by SEN guidelines/COP etc. to attend?

    It is fundamentally important to have them part of the process, as we have to decide where our daughter is going to live. We are currently looking for residential care home closer to our home (in Farnborough, Hampshire). So they need to be integral to the whole transition process.

    Any advice would be welcome. Thanks.

    Johann Diaz

    20 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

  • 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

  • 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.

    Inactive User

    02 Mar 2024