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If I accept the draft EHCP, can I make changes post publication if I need experts to review and provide evidence for potential FtT to get a suitable placement other than the one suggested by LA?
Can I accept the draft EHCP now as it looks ok, however if the setting in the final version is not suitable I plan to get my experts to lock down the provision update the EHCP with their findings and tell me which setting meets SEN, our preferred choice or the LAs? I am allowed to do this would without the LA arguing I had accepted the EHCP draft and cannot update it.
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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.
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Should my son's Key Stage Transfer Setting placement be named in the issued draft EHCP?
The placement offered to my Year 11 son for post 16 (just happens to be his current school) is one of our most important aspects of his new EHCP. We plan to fight for this placement via FtT if we have to. However, the LA (Surrey NE SEND) have issued the DRAFT EHCP and stated that section I (placement) is only completed in the FINAL EHCP. I thought the whole idea is of the draft is for parents/carers to object to contents (including placements) if they disagreeable with the students education needs AND setting. Can I request section I be completed prior to me responding to the draft?
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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!! -
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.
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Do services funded by a personal budget need to be from an LA approved providers?
Hello,
I hope that you may be able to help; I have a query about personal budgets.
We currently have a PB for my son's independent OT. This service is delivered at my son's school by an outreach service run by a specialist school. He's had the same therapist for around 18 months.
This was approved by the LA, to be paid business-to-business during his EHCP AR process and I have panel decision documentation which supported the use of this specific outreach service, as my son has an established relationship with them and no other OT service could do the in-school visits.
We're currently in tribunal with the LA (section B and F) and now two months before our hearing date the LA have told me that the OT provider is not on their list of approved providers and that they want me to consent to my son being reassessed so that they can move him to an alternative service.
I think that the LA are trying to pressurise me into having LA assessments (as we've currently got independent reports). I'm aware that they can write to SENDIST and request access and that personal budgets are also outside the remit of the FTT.
The specialist school that provide the OT service do educate children from my son's LA, so I find it hard to believe that they are not an approved service. I am digging into this!
I've read the regulations around PBs and I can't see that there is actual a requirement for the provider to be on an LAs approved list? Is this correct?
Sorry, that was a bit long winded.
Thanks so much, Verity -
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
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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.
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Annual Review and appeal
We have an ongoing issue with the LA not adhering to the legislations in regard to my son's Annual Review. We are currently appealing Section B and F and whilst the LA have confirmed that they will amend his EHCP, then have stated that they have no intention of actually issuing an amended EHCP.
Quote from the LA:
'The statutory guidance for Annual Reviews does not prescribe a specific template for issuing a Local Authority proposed EHCP – there simply is not a temptlate for EHCP’s therefore utilising working document to replace the amended proposal should not disadvantage your son'
They have refused to give me a legal basis for this, instead stating:
'I must respectfully clarify that the Local Authority, as the respondent in this appeal, is not in a position to provide further legal justification or interpretative guidance to the appellant. If further clarification on legislative matters is required, we would kindly suggest seeking independent legal advice or advocacy to support your understanding of the statutory framework.'
My understanding was that a Working Document is used for communicating changes during an appeal and therefore it is isn't appropriate to suggest this as a replacement/alternative?
Given that our hearing is in early April, I'm not sure if we have any options in terms of a Pre-Action letter/Judicial Review? Would it be better to concentrate on preparing for the appeal and bring up there what the LA have done? I have already submitted all of our AR meeting minutes etc... as evidence to SENDIST, so they will know that at least part of the AR has taken place.
Thanks,
SofiaSofia Huguet
09 Jan 2025
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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?