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  • If a tribunal is open for an ehcp can I still carry out a phased transfer review of the ehcp

    Parent went to tribunal over an EHC and a draft amended EHC is still being argued over. LA have asked for the original final EHC to be reviewed as per Phased transfer regulations. Mum has said it is not legal to do so if it is at tribunal

  • GCSE options; My yr11 Autistic child wishes to reduce her options to 3 subjects instead of 4. This will be Drama that is removed, therefore allowing a study block session within her timetable. If she had her diagnosis at the time of selecting her options I understand that this may of been offered. Us requesting it now is these a reasonable adjustment and can the school refuse the change?

    The school are saying that this is a big ask and that it won’t be possible.

  • Teacher ask for child to be collected from school because he was throwing things

    What support can I access to assist my son, who has been having behaviour issues that have been increasing for 6 weeks? He has been vocally matching other children in the class (it is important to add that my son is verbal, and the other children are non-verbal, as in they do not communicate using words, but I guess they communicate both using their device and vocally). My son will continually be vocal and disturb the class, hit the teacher, hit other children, throw things at the assistant teachers and other children. He has an autism diagnosis (level 3) and has been attending the education support classes at the same school for 5 years without any behavioural issues until recently.
    The first 4 weeks, this behaviour was communicated to me by writing in the communication diary, which is kept in his school bag, by speaking with Dad after school during pick-up, and through a behaviour support plan that was sent home for me to sign and return the following day. The strategies included him requesting a break, requesting to go to another class, or the sensory room. If this is done five times, he is rewarded with a treat. During this time, I expressed wanting to meet with them because of the things written in the diary, but his dad, the messenger, let me know they (the teachers) said this was not necessary because they thought they could deal with it, and the strategies they were using were helping.
    Last week, I requested a meeting in writing via email, and we met later in the week. I said I was concerned about the things written in the diary and was not sure why no one had called to let me know at the time of the incidents. I also wanted to follow the same strategies at home but had some issues because of different parenting styles between me and Dad. We will meet again tomorrow with both parents and his therapist in attendance. He was excluded from school today because they were unable to stop him from throwing things at other children, and he was placed in a class by himself. I understand it is a safety concern, but what services can I access? What steps should I take? What can I do as a parent to help my son with his behaviour issues?

  • Can a teacher exclude a child from school because their behavior arises from the loss of essential accommodations, leaving them without any alternatives or support?

    I am wanting to support the family to navigate this so I am wondering if this letter I drafted would help the situation.

    I am writing to formally request a SEND Assist referral for my son, [Child’s Full Name], who is currently enrolled in the special education program at ____ Primary School. Due to his neurodivergent profile, [Child’s Name] relies on a specific object ______ for emotional regulation and predictability. While I understand the school has raised safety concerns, I believe these can be addressed through reasonable adjustments and trauma-informed planning. This has worked in the past, where we have been given the opportunity to come together to work on a solution that works for everyone.
    Despite previous meetings and discussions about his behaviour, no resolution has been reached, and recently [Child’s Name] has been excluded from school and left in the care of a family member because I could not meet with the teacher that day due to work commitments, but I was available the following day. This is now impacting his right to inclusive education under the Disability Standards for Education 2005.

    I am requesting SEND Assist involvement to:
    - Assess the regulatory role of the object and propose safe alternatives
    - Support the school in implementing inclusive, neurodivergent-friendly strategies
    - Ensure [Child’s Name] can return to school safely and respectfully

    Please confirm that this referral will be initiated. If not, I will escalate the matter to the Department of Education and seek support through Disability Services and allied health professionals.

    Thank you for your time and consideration.

    Kind regards,
    [Mother’s Full Name]
    [Contact details]

  • 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?

  • Does my child with no diagnoses' have the right to stay in her school & not be sent to another school for a 'few days' after melt downs

    It was aggreed at a meeting that my daughter has an undiagnosed SEN. They have put in alot of support for her while at school, but when her behaviour escalates she will be sent to another school, where she is told that, she is a naughty child & is not allowed to associate with the other students

  • Is it discrimination under Equality Act 2010? and is this considered a safeguarding issue?

    Son is a full time wheelchair user (unable to stand or crawl) year 3 at mainstream village school. There were adaptions needed to access the top playground (keystage 2) and a ramp was put in last year.
    On the 17th May, he suddenly said children were allowed to play on the grass bank alongside the playground (this is quite steep and the kids often roll down it). My son described how he felt sad and lonely as all he could do was sit and watch his friends. We explained this to the headteacher who at first defensively said:
    1) No children are allowed on the bank, shortly after 2) The children are only allowed on the bank when i'm there 3) Then 10 minutes later, advised there were no rules about the bank. When further talks were had she advised she cant stop the kids going on as its the 'shaded area'.
    My son told her how he felt and she said to him whilst I was sitting there "Its really fun going on the bank, that's why the children want to go on there, but they'll move onto something again soon."
    We had asked if there could be rules applied that limited 2 houses (school are divided into 4 houses) on the bank at any one time. This would ensure that our son had some friends down on the playground with him at all times. No further communication from the head. We had also questioned why our sons 1-1 had not seen him alone and offered support, but this was not addressed.
    On the 5th July, our son was upset again as he was made to feel this way again. When we questioned why this had not been addressed or rules put in place, we were told the Senco was meeting with the School Council (made up of children aged 8-10 years) the following week to decide the rules.
    The rules they came back with is that each classroom/year group of 30 children are allowcated 2 x 30 minutes sessions at lunch on certain days.
    We said that this per class (only one class per year at school) will make our son feel even more isolated from his peers.
    We raised a complaint and have been told its not under the Equality Act 2010 as its a physical feature - but we are not asking them to flatten it, but just make reasonable adjustment to their rules/policies.
    Also stated its not a safe guarding issue - surely if it is having an effect on our sons Mental Health and using the words that the head said to him, it is safeguarding.
    We lodged a complaint to the governors whom have sent a really weak reply saying "the head never intended to cause any offence and regrets the vocabulary chosen.
    They have looked at the timetables and confident our son receives 1-1 dedicated support. (That's as per his EHCP).
    There has been a few things happen previously like everytime our son moves areas, new equipment has been put in the playgrounds from reception and key stage 1. Then when he moved up to this one, they got an accessible grant and the Head wanted to put in 'monkey bars' using the money, my son told us and we were able to speak with school and find something more appropriate but there seems little thought.
    Just wanting for the head to take responsibility and show some care.
    Any advice would be gratefully received.
    Thank you.

  • Is my child entitled to free transport to a psychiatric day unit for health care and education?

    My child has ASD and anorexia. He was Sectioned under the MHA but subsequently the Section was lifted. He will be discharged from psychiatric in-patient services this week.

    Going forward, he is to attend day-patient after care services for 12 weeks. This is where he will receive his health care and education between 9am-5pm. Treatment is for anorexia and therapy for ASD. School lessons are also conducted on site due to the inability for them to currently attend their mainstream school.

    The day care unit is 1 hour drive from our house, requiring 4 hours driving a day, back and forth, for drop off and pick up.

    Under the 117 Act or any other provision, is there a legal obligation for social services or health to provide transport to and from home and the day care?

    At the moment, both social services and health are saying that it is either not their responsibility, or that they have no budget.

    Patient Transport Services have also refused to help due to the unit not being on their list of addresses to deliver too.

    As parents, we are unable to transport due to work commitments and requirements to care for our other children and caring for a sick parent.

    Thank you.

  • Transport cost - when proving the TFL carer transport assistance, should LA calculate it as a cost to its budget or it comes off the TFL's budget? "A TfL Oyster card or Travelcard for a parent, carer or responsible adult to go with the child between home and school."

    When comparing the cost of two placements, should carer's travelcard be calculated as a cost to the LA? Applications for a carer travelcard are made via the LA transport team however do the funds come from the LA budget?

  • Can a University refuse to consider an appeal where they failed to properly consider the equality act as they only allow appeals on the basis of procedural irregularity??

    Following the outcome of a complaint to a University, I wish to appeal the decision. The grounds for appeal are either a) new information that was not available at the time or b) procedural irregularity. In reading the outcome letter, it is clear that they have not properly applied the equality act and related guidance in their consideration of the complaint. Would this come under procedural irregularity?

    This is regarding the reasonableness or otherwise of a request under reasonable adjustments. Note this is something that is a fairly standard adjustment in most higher education and other institutions and their own university wide guidance says should happen, but the academic department in question has ignored and argues that the workload is too high or too complex.