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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?
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Should I issue JR proceedings when school cannot meet need but LA named on EHCP?
Our daughter is due to start school in September. She is 4 years old. We applied for a school place and the nearest school offered a place. A draft EHCP has been issued naming the school in section I. The school have now been formally consulted with the EHCP and have said they cannot meet need. This is not a surprise to us and we suspect she needs an EOTAS package.
If the final EHCP lists the school in section I, despite school saying they cannot meet need, where does this leave us? Her anxiety is high and she refused to attend preschool setting. Waits for the tribunal are likely 12+ months. Is judicial review the best option for us to challenge rationality of decision to name school in Section I that cannot need need? -
Tribunal: do I point out school has verbally confirmed they can't meet need?
I have lodged a refusal to issue appeal. School has admitted verbally they can't make the recommended provision in the summary of assessment report but seem unwilling to put this in writing. I think this is because if they admit they can't make provision that is (according to the LA) 'ordinarily available', they look bad. The evidence they have provided is really sloppy. Do I argue this at tribunal? Or, do I argue they've made best endeavours but still can't meet need? Child is ASD, EBSNA and new independent reports support that she needs a specialist placement. Thanks.
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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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Decline to issue appeal: LA says school can meet needs with notional budget but school is not doing so. Is this a valid argument at appeal?
My daughter's EHCP has been declined after assessment on the grounds the school can meet needs through local offer / OAP. She is high masking ASD and as a result her needs are easy to miss in a busy mainstream environment. I sought her diagnosis privately and requested EHCNA myself as a result. She is entirely overwhelmed, distressed and attendance has dropped off completely and I cannot work as a result.
The LA have argued that needs can be met through OAP and external agencies. This is where I feel she has been let down by school. No outside agencies have been involved and the school did not submit any evidence of a graduated response to meeting her needs. I do not feel the LA EP report adequately illustrates the impact on her. The EP interviews were all online and felt quite light touch.
I feel stuck between the LA saying the school can make provision which the school ultimately cannot / will not. The LA summary of assessment has quantified, clear recommendations for 1:1 provision. Even if her primary school find a way to support her now in Yr5, I do not see how she will cope at a mainstream secondary and no acknowledgement of her proximity to transition has been made. Appeal evidence deadline is May, appeal date is Feb 2026 when she will be in Y6 and we've missed the 'transfer window' for secondary applications.
Thanks in advance. -
What are the current legal hours of education provision from over 19 year old with an EHCP
My young person has been offered a provision of only two and half days. I am queuring whether this is legal and if there is a set number if hours that need to be provided.
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Can we refuse an early annual review when an appeal about the contents is underway?
School want to do an early annual review after only six months, whilst I am doing an appeal about the contents of the original EHCP. I am worried it will complicate matters and also potentially further reduce provision.