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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.
Angie Lee-Foster
17 Jan 2024
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Can I request the EP as an expert witness in my EHCP appeal, or could this backfire?
Our Educational Psychologist (a 2nd-year trainee) wrote a vague Section F provision with many examples rather than specific, quantified provisions. I have emailed three times requesting that it be made legally compliant, but the response I received stated:
"EP reports are written with the intention of enabling education staff to plan and deliver a personalised curriculum within a school or other educational setting. The additional examples that are included within advice help educators to incorporate recommendations/approaches into their lesson planning without limiting their creativity and flexibility, allowing staff to interpret the essence of the recommendation and plan to best effect."
I assume this aligns with LA policy, but my concern is that the vagueness makes the provision unenforceable. My son has an EOTAS package (recently agreed in final/nothing in place), and the LA is only organising tuition for the core curriculum. This means the examples listed in the EP report linking learning to interest (especially computing, which he accesses privately and consistently) are not included in his provision.
I agree with the essence of what she has written within F but due to the lack of detail I am appealing Sections B and F, and I’m wondering whether I should request the EP as an expert witness to clarify her recommendations—or whether this could backfire if she aligns with the LA's stance. -
Would ‘broad and balanced curriculum’ in section F mean my son has access to the full curriculum
We have EOTIS Section F states for tutoring included teaching in core education curriculum. He would be in year 7, my concern here is that it’s limited to maths, English and science. He is pda and we have already identified learning needs to be around his interests the one thing he has always continued to access is computing (working towards the curriculum) and cooking. I put in a PB request for computing but “not reasonable required under section F” I will be appealing but I’m just wondering what core curriculum needs to be reworded to so he has access to the full curriculum. Additional where the EP recommendations that were tailored to my son included the use of examples, the LA have stated these are examples so cooking is mentioned twice under learning provision and again under sensory but it won’t be included as “not reasonably required under section F”
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Is the SENCo accountable for amending the EHC plan after an annual review meeting?
We have an upcoming Annual Review meeting scheduled in the next few days and recently received an email from the SENCo outlining the roles and expectations for the review.
The email states:
"As [my son's] SENCo, I will edit the EHCP after the review and make amendments where necessary."
However, based on what we’ve learned from other parents, it is not advisable to rely on the school to make amendments to our son's EHCP
As I understand it, the SENCo's role is to compile a report for the Local Authority (LA) after the Annual Review, leaving the responsibility of making any amendments to the EHCP to the LA.
Shouldn't it be the LA, rather than the SENCo, making changes to my son's EHCP?
Gordon M.
23 Feb 2025
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When receiving an amended EHCP from the local authority (LA), must a child or young person receive a letter confirming their right to appeal to the First-tier Tribunal (FtT)?
When receiving an amended EHCP, is it acceptable for a local authority to send an accompanying letter with the newly issued plan, emphasising their willingness to work together to resolve any disputes but no other information? While this may be welcomed, is this what the legal framework requires?
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Adding Section I to a contents appeal
If an appeal is registered against contents. A new EHCP issued with phase transfer placement. Is section I registered as a new appeal and then request to consolidate or request for change and simply amend the grounds of appeal?
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Does the final EHCP for KS4-KS5 transfer (Post-16) produced within 8 Weeks of intention to amend HAVE TO include the name of the setting for the transfer?
Does the final EHCP for KS4-KS5 transfer (Post-16) produced within 8 Weeks of intention to amend HAVE TO include the name of the setting for the transfer?
There seems to be 2 separate deadlines.
Deadline 1
Produce the FINAL-'ISH' EHCP which MAY NOT include the KS transfer setting, no later that 8 weeks after the intention to update declaration to parents.
If it includes the setting it is deemed the FINAL EHCP and no further EHCP is issued.
Deadline 2
Produce the FINAL - 'FINAL' EHCP which MUST include the KS transfer setting by March 31st.
This is only issued if the LA did not name the setting in the EHCP produced to meet deadline 1.
My LA have offered to produce EHCP for Deadline 1 albeit 12 weeks after intention letter and produce a 'naming" FINAL EHCP for deadline 2 later (see email text below). Is there anythingI can do to request the FINAL EHCP (with the setting named) in the next week or so?
"Sorry for the delay in issuing the final – I was hoping to have confirmed placement stating continuation at <SETTING AS REQUESTED> for September 2025 in relation to Key Stage Transfer as this would mean there would be no need to generate an additional ‘naming’ EHCP for September 2025.
Confirmation has not yet been received but will be confirmed in the coming weeks.
I can issue a final now as well as another one in a few weeks or are you happy for me to hold off issuing until continuation confirmed?
I look forward to hearing from you.
Kind regards" -
Should I take a formal route now?
The intention to update the EHCP was some 12 weeks ago. I sent the draft 2 weeks ago. There is a a offer from the current school (preferred). This is the private school ,it looks like the LA is delaying to find a LA alternative. See email below from my case worker. This is the first time I have heard of a "naming EHCP".
"Thank you for your email.
Sorry for the delay in issuing the final – I was hoping to have confirmed placement stating continuation at <CURRENT SETTING> for September 2025 in relation to Key Stage Transfer as this would mean there would be no need to generate an additional ‘naming’ EHCP for September 2025.
Confirmation has not yet been received but will be confirmed in the coming weeks.
I can issue a final now as well as another one in a few weeks or are you happy for me to hold off issuing until continuation confirmed?
I look forward to hearing from you." -
What do I need to say to the EP to get an EHCP?
Hi there, my daughter is 3.5 years old and has recently been diagnosed with ASD and she is due to start school in September 2024. On 4th January 2024 the EP is coming to assess her at nursery for the EHCP process. I am really worried about this as when (a different) EP came to visit her before they said ‘there are other kids in this position that will not get an EHCP’ - however I (and the nursery SENDCo) don’t see how my daughter will be able to cope or learn anything at school without an EHCP. So basically I’m super worried the EP is going to assess my daughter based on what our local authority can afford rather than provide her the care that she needs.
I’m sure this is a common question but greatly appreciate any help!Matt Riley
18 Dec 2023
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Ehcp change of school request
I want to request a change of school place the school says they will say they can meet needs,but his currant school says they will try to argue that he should stay enrolled with them,can they stop me moving him
Emma Twinn
27 Feb 2025