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EHCP section I failure by LA
My son has tried two mainstream schools both failed as he is adhd with autism traits. His final EHCP stated he is to return to the mainstream school he prev failed in. The school listed in the EHCP told the LA they can’t meet need, but a specialist school that we named during the EHCP process said they can meet need but the LA has ignored all this..
My son refuses to go back to mainstream education as he knows he’s over whelmed and gets in trouble. And, he has elements of PTSD to the point I can’t even get him to a meeting in the named school.
I am 3k in debt because I had to get a private assessment due to waiting lists, and the private psyc report has also been ignored by the LA in their decision making.
I have escalated to tribunal, however even if the local authority decide to change it to the school we requested - how long would this take? Can it be done immediately as I am concerned he will loose his place on hold for him at the specialist school who can meet need and it’s his chosen preferred school. We were told by the LA to visit other schools which we did and he fell in love with the one we requested. He is high level adhd and has lost trust in everything and everyone because of this, it has really damaged him mentally. This is his first EHCP since diagnosis. He hasn’t been in full time education since November 2025.
This is so stressful, I am also a 24/7 single mum to two teen sons, I am also battling MS and this is having a damaging impact on my health as well as my sons.
Thank you for your time. -
Would I have grounds to appeal to SENDIST for daughter not passing kent test?
My daughter is about to transition to secondary in Sep 2026, she has a diagnosis of autism. Schooling has been on off with part time time -tables, strong EBSA history, missed almost all year 5 due to anxiety, she did not engage with learning. This year complete turn around forged friendships, great teacher super high attendance. likely to be either the top student in her class for sats or in the cohort that excel. senco believes she would have passed the kent test this year if taken now. I did not apply for extra time for the kent test (was not sure, and did not want to approach her school as she was out of school at that time) the score that lowered her was maths which she is has now caught up with and is excelling, since re-engaging with learning. I believe her score does not reflect her academic ability (senco agrees) can I appeal? is there scope for an appeal on medical/mental health grounds? (SEMH significant) previous CAMHS involvement. she is heartbroken she is not going there due to not passing. LA have named sen provision in mainstream she does not want that, she wants to be in an academic environment her current school are willing to back me but do I have a case or am I clutching at straws and what should I do please? I read I can only appeal a school place if she passed but think (not sure) it may be different if you have an EHCP? I don't know my options or if I have none or some? appreciate any advice please, thank you.
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Can a school refuse a child with an ehcp who previously attended the achool
School are refusing to admit due to relationships with peers
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Can a council move an EHCP (to a 'receiving authority') while the EHCP is going through appeal?
This is a complex situation explained to me by one of our members. The mother, while resident in Camden, applied for an EHCP and requested 3 secondary schools to consider her child (early 2025). The EHCP was so inaccurate (and included out of date information) that she believes this caused all 3 schools to say they can't meet need. She then appealed to have the EHCP updated but the appeal has been pushed back over and over again.
In the mean time, the parents divorced/separated. The Dad remains resident in Camden but due to cost of living, the Mother (around 18 months ago) moved to Hertfordshire, temporarily. The child was fully resident in Camden when the original EHCP application was made (and attended Primary school in borough). The child had to start secondary school (sept 2025) in Hertfordshire.
The EHCP appeal is ongoing. The Mother wants the outcome of appeal to name one of the 3 schools in Camden, then she can move back in Borough (can't move now as has to get child to school each day in Herts). Camden have just sent a letter asking for proof of residence in Camden by 10 April. If they don't get proof of residence they will pass the EHCP onto 'the receiving authority'. Is this allowed? (Note: Mother is a fire fighter, does this give her any special consideration as a key worker?) Thank you so much to anyone who can advise.
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How do I get an EHCP without a diagnosis and how do I access an alternate provision if we don't get an EHCP?
I have a 13 yr old son who has been home educated since Sep 25. We were failed by our primary school when they kept referring him for ASD and ADHD and telling us that he was "managing with scaffolding" when he was clearly struggling and failed all his SATs. He went to a private school for 1 year and they deferred him back a year because of his delayed learning, they did a Sandwell assessment that showed he was working at 7-8years old in every area, but then the school closed down so we chose to home educate (there was huge anxiety around school and learning and it had started manifesting as self harm also).
Since doing so we have realised just how far behind he is. The only official diagnosis we have is a visual processing disorder and after 3 ASD and ADHD referrals they all came back as inconclusive. We have an anxiety related Tourettes diagnosis and the consultant there wrote that he has an obvious learning disorder but then discharged us so we have no follow up for that. Our GP has just told us to get in touch with the LA to get an EHCP but I dont think that will do much good when hes home ed so we have no capacity for an ed-psych or similar. We are struggling with traditional home-ed as there is severe anxiety around learning in the traditional sense so I would like to let him access an alternative provision for 1 or 2 days a week but I cant even find anything that we can fund privately.
So I suppose my question is in 3 parts -
1. do I need to get a diagnosis or where do I get any support for a "learning disorder" and how do we find out the full extent of it? (hes had testing for global delay that was negative)
2. I know I need to start the process for an EHCP but Im at a loss how I do this as a home educator and without a diagnosis and no professional/medical support?
3. Is an EHCP the only way to access an alternative provision?Samantha Derrick
08 Jan 2026
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Suspensions
Son is 6 years old - suspected ADHA,PDA and Trauma related anxiety (owing to my incurable cancer diagnosis). He is in year 1 of a primary school who were very slow to acknowledge his SEN needs, despite paperwork backing this from age 3. He has a sen support plan in place, along with a positive behaviour plan - both heavily written by me as the SENCO is very inexperienced. He now has 1:1 at all times he is in school - with a note in the sen plans that he should be with a trusted adult at all times, because of a flight risk and risk to others. This year he has been suspended 3 times already with the last suspension being 2.5 days for spitting. The situation occurred because his trusted adult was not with him, no adult was. My question is - can the school really suspend him, when they are failing to stick to what's been agreed and counter to the plan, fail to identify new triggers and learn from experience. Many thanks legal brains for giving your time.
Michelle Bullen
21 Jan 2026
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Do i have to submit an annual review final EHCP to the tribunal during an appeals process?
We are currently midway through an appeals process with the LA over the addition of specialist provision to my child's EHCP. We are currently on working document version 5, and there have been numerous changes and additions to sections B & F agreed by both parties; however, the appeal continues as the LA will still not put the specialist provision into the EHCP.
The problem is we have also just had an annual review. The LA issued a draft, and then a final plan, with none of the changes currently agreed upon in the appeal. They changed a lot of section A, but otherwise, the final annual review EHCP is the same as the EHCP we are appealing from the previous year (i.e. the same as working document version 1).
Do I need to submit this new Final Annual Review EHCP to the tribunal (using the Send7 form as the IPSE website suggests), or can I just ignore it and carry on discussing the Working Document version 5 with the LA, as that is the most relevant document with all the changes agreed so far?
If the annual review final EHCP is included, it would be like taking the Working Document back to revision 1 and starting again, but I’m scared that once the appeal is finally done, they will use this new annual review final EHCP to overwrite my appealed EHCP and remove the provision I have spent a year trying to add. All the information on the internet only seems relevant if you want to add the annual review EHCP to the appeal, but in this case, I don’t. I just don’t want to give the LA another weapon against us.
Thank you for any help you can give. -
EHCP Challenges
Hello,
I've just joined the forum and would appreciate guidance on the legality of my child's situation and the best next steps to secure a suitable placement.
​Child Details:
​Age: 5 and in Year 1 (Key Stage 1) mainstream school.
​Needs: Complex ASD, significant anxiety, and acute sensory regulation needs documented by an Educational Psychologist (EP) and Occupational Therapist (OT).
​Academic: Academically able, working at or above age-related expectations (ARE) in core subjects.
AR just concluded request for specialist placement was rejected
My child's school is in another Borough.
​The Crisis: Unlawful Provision (Section 19 Breach)
​My child has been on a severely reduced, non-statutory timetable (part-time attendance) at their current mainstream school for over eight months due to their needs exceeding the school's capacity to keep them regulated and safe for a full day.
​The Local Authority (LA) recently claimed in a formal response that they were "unaware" of this reduced timetable prior to the recent Annual Review (AR).
​Crucially, this claim is refuted by their own file:
​A Multi-Agency Referral Form (MARF), referenced the crisis meeting regarding the child's "provision/timetable.", the file was sent to the LA.
​The LA-commissioned EP Report, which was distributed by the LA caseworker as part of the AR pack, explicitly documented the part-time hours.
​The LA's failure to act on this known breach for months constitutes an ongoing failure to secure full-time suitable education (a breach of Section 19 of the Education Act 1996).
​Procedural Maladministration
​A comprehensive private Occupational Therapy (OT) Report detailing essential sensory and physical adaptions was submitted to the LA for the AR.
​This OT Report was omitted from the formal evidence presented to the decision-making panel when the EHCP amendments were decided.
​Questions and Strategic Concerns
​Legal Impact: Do the documented S19 breach (ongoing reduced timetable, effectively an exclusion without process) and the clear procedural error (omission of the OT Report) provide sufficient legal grounds to successfully argue at Tribunal that the current mainstream placement is unsuitable?
​Next Steps: I have formally escalated these issues to the Head of Children's Services, demanding an urgent re-paneling and a written action plan. What further legal steps (e.g., a threat of Judicial Review, specific naming of potential placements) should I take now?
​Future Suitability Dilemma: I need to find a placement that meets two essential requirements at Key Stage 1/2:
​Therapeutic Structure: Requires a small group setting (e.g., max 10 students) with a high adult-to-child ratio (e.g., 1:5) and guaranteed, non-conditional access to low-stimulus, therapeutic spaces (Specialist Provision).
​Academic Rigour: Must provide the full Key Stage 1/2 National Curriculum and be able to differentiate provision upwards to prevent academic stagnation and ensure he reaches his full potential, rather than being limited to a foundation curriculum.
​How can I ensure the Final EHCP (specifically Sections E, F, and I) is written to legally mandate a placement that provides this therapeutic structure without forcing integration into a failed mainstream setting, yet also guarantees the necessary academic pathway?
​Thank you in advance for any insights on navigating this critical stage. -
Does a tribunal take into consideration where a parent lives? Or are decisions based on where the child lives?
I have been speaking to a parent who has 50/50 custody with her ex-husband. He lives in Camden and she lives in Hertfordshire. Her son has an EHCP with Camden who are objecting to their choice of school in Section I (in fact, in August Camden pushed the whole EHCP onto Hertfordshire Council despite knowing the Mother is about to move out of Hertfordshire).
Because the Mother has to move house (her lease comes to an end in 3 weeks) the children will live with the ex-husband full time for the next few weeks. On 12 Sept, they go to Tribunal to appeal section B, F and I. Will the Tribunal take into account the child is living in Camden at that point? Or does the Mother need to find a place in Camden before the Tribunal date? The outcome they want is for Camden to stop pushing the EHCP onto Hertfordshire and deal with it in borough.
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Can an inaccurate (or out of date) Section B & E be challenged at tribunal?
Support SEND Kids has been contacted by many parents who are frustrated that their child's EHCP contains inaccuracies or includes out of date behaviours. Despite requesting the EHCP be updated at review, the school and/or local authority ignore these requests and continue to submit inaccurate EHCPs to families. At the point of phase transfer (11+/16+) these inaccuracies, in Sections B & E, have a detrimental impact on which schools will consider the child. Can a tribunal insist that a local authority revise/re-draft an EHCP?