Is this omission on ECHP draft legal? What would you advise as the next step?

My son’s EHCP draft arrived with an email stating that “I just want to highlight that as an Occupational Report was not requested at NA2, and xxx had been discharged from their service there is not any OT input in the draft. If a new referral for an OT is made for Ethan and subsequently we receive a report this can be added to his EHCP once it is finalised."

My child (6) has complex needs - a number of different systems involved
Speech disorder - Childhood Apraxia of Speech (CAS)
Physical disorder - Fine motor skills difficulties, gross motor skills difficulties, coordination difficulties - Developmental Coordination Disorder (DCD)
Social communication difficulties - Autism Spectrum Disorder (ASD)

Occupation report was requested at NA2 and request was followed up on 4 separate occasions. NHS OT reports from March 2023 and July 2023 are available. Provision recommendation from private therapist who sees him at school was submitted to ECHNA and acknowledged. Community pediatrician report refers to Occupational therapy need, neurologist report refers to occupational therapy need, Educational psychologist report refers to occupational therapy need and meeting with the private occupational therapist. School submission refers to occupational therapy need, intervention provided by private OT and daily OT activities with a TA at school. Section B states DCD and fine motor difficulties. Other sections in ECHP refer to fine motor difficulties but section E and Section F are empty for Sensory and / or physical: maintaining good health, with outcomes listed as “not stated” and also for Independence and preparation for adulthood.

Where do we stand with this and what should our next be along with notifying that we do not accept the draft?

Thank you.

Is it legal for the LA to enrol my child in a school without my knowledge ?

I am going to tribunal to appeal most of my son’s EHCP including the school named by the LA in section I.

He was on roll at a primary school till the end of year six but hasn’t attended for four years.

I’ve just found out by chance (I wasn’t notified of this by the school or the LA), that my son has been put on roll at the school named by the LA.

My son and I have been very clear that there is no intention or expectation from us that he would be able to attend this school as it can’t meet his needs and is completely unsuitable.

I’m concerned that the school may be receiving funding whilst my son is receiving no education from the LA.

Also, I’ve been told that if a child is on roll at a special school (which this school is), the parent had to ask permission if they wish to deregister to EHE.


Thank you

My autistic daughter attends a private school, they have said that she can only proceed to year 10 if she does 7 GCSEs. Could this be considered descriminatory if other options to allow her to attempt 8 GCSEs haven't been considered?

My 14 year old daughter is autistic and attends a highly academic all girls private school. She is academically able, but has had a very difficult year 9.

She became very unwell with depression around Christmas, not able to attend school but received treatment and has gradually returned to school. She also had problems with attendance in year 7.
Her school have been brilliant on a day to day basis, allowing her the flexibility to recover and gradually increase attendance in lessons.

However, they have also been actively harmful by not giving her clarity about whether she would be able to remain at the school or progress with the rest of her peer group to year 10. Before the Easter holidays a comment was put in her individual education plan, that on consultation with subject heads that 'A has missed too much content in maths, biology, chemistry and physics to successfully proceed to year 10.' We highlighted that as A's struggles are predominantly social, resitting a year would not be in her best interests.

No specific catch up support was given by school, apart from a textbook and workbooks. She has spent time in the learning support area for self directed learning but has not had specific input beyond a daily check in. She is not currently doing a full timetable as made the decision to prioritise her GCSE subjects as she was aware that she had missed a lot of work. Apart from allowing her flexibility, and timetable reduction, limited reasonable adjustments have been put in place. We have requested that she be observed in school by an external professional (a private psychologist, working within a reputable local private company) to give additional specialist advice but this has been refused by school.

This has made it very hard for her and the stress has impacted on both her ability to attend school as well as study for exams. Despite this she completed and passed exams in the 8 subjects she hoped to take for GCSE. Her results were not at the level she was used to but were not the worst in her year.

A has a descision to issue an EHCP but doesn't have an EP assessment or a draft EHCP. School had suggested that she didn't require an EHCP and that she doesn't require further support.

She would usually take 9 GCSEs but it was suggested that she dropped a modern foreign language so she could have time in learning support. She agreed with this.

Her overall attendance this year was 44% but has increased to between 65-80% (in part due to physical health problems, for which she is now recieving treatment.)

She wishes to attempt 8 GCSEs and if only permitted to take 7 (+ an HPQ, considered half a GCSE if her attendance improves) will undertake an additional GCSE outside of school.

The outcome from school has stated that she can progress to year 10 but will only be permitted to do 7 GCSEs (+ HPQ if attendance increases.) It was noted that she has made good progress but still has gaps in her knowledge and areas to catch up with. No specific plan has been made to support her to catch up with the work she has missed.

It is stated that if her attendance decreases as a reasonable adjustment she will be permitted to do fewer GCSEs.

She is also allowed flexibility if she wishes to do PE, however it is stated this would mean the school would not have evidence for a risk assessment to allow her to attend DofE expeditions.

She was not allowed to attend her DofE practice expedition before Easter - it was offered that if she was driven to the venue she could take part in the first day (if she proved to a teacher she had eaten lunch) but would not be allowed to stay overnight or attend the second day meaning it would not qualify as a practice expedition (even though we offered to stay nearby to collect her if needed.) This was despite a letter from her psychiatrist saying that her mental state had improved and she had no concerns, as well as supporting from a family support worker. A takes part in multiple activities outside school including long hikes (and will do a private DofE expedition in the summer.)

I am concerned that the school is not considering all reasonable adjustments to support my daughter's wellbeing and her desire to do well academically. It feels that although concessions are being made the only real option is to limit her timetable and opportunities without consideration of all other reasonable means to support her. The school has also not acknowledged external advice including from her psychiatrist. I'm also concerned that school is using reasonable adjustments as a threat to try and get her to comply rather than as a way to allow her to overcome the difficulties related to her disability.

Would there be grounds to consider indirect discrimination? I would be keen to remove my daughter from the school, however she is wants to remain there.

I would be keen for her to start a course of 8 GCSEs, with a plan to drop one if it was too much. This is because her health is improving and therefore her attendance is also likely to be better. I feel this would be the least restrictive option as it would be impossible for her to increase the number of GCSEs she takes once the course has started.

I have reviewed the complaints policy but haven't yet put in a formal complaint as I have been told that school are giving concessions so I should not be confrontational.

It is difficult to communicate with school the only opportunity to speak to the team is in formal meetings which are very stressful. I am allowed to email school but it is often a one way communication.

I am autistic and it has taken a long time for school to be open with what will be discussed in meetings before they occur. This has meant that I have become very distressed and unable to participate fully.

Is it true that ADHD is not considered a disability as far as The Equality Act 2010 is concerned?

This question relates to a case we were told about recently: my 8 year old son was recently given a fixed term exclusion for ‘non-complaint behaviour’, the worst of which seems to have been using the calming fiddle toy we had given him during lessons. He does not have an EHCp but we are looking at that. He has been diagnosed with ADHD but we believe he also has a number of difficulties outside the ADHD diagnostic criteria.  We believe this exclusion amounts to disability discrimination. Our first response was to complain to the Academy and eventually a meeting was held which was chaired by the Chair of Governors who claims to have decades of SEND experience. At the start of the meeting, she questioned the legitimacy of our concerns as, as far as she was aware, ADHD was now not considered a disability as far as The Equality Act 2010 is concerned as this is what she had read in a local newspaper.

Will we get into trouble if my son misses a lesson,paid for by LA

He has been granted education other than at school,so home educating.He sleeps all day sometimes and will miss lessons,what I want to know is where do I stand with local authorities,will they want him back in school,we are both worried this may happen,we are trying to keep his sleeping in check,but he does struggle sometimes.

My son's nursery have refused to submit an EHCP. Is this allowed?

My son's preschool will not apply for an EHCP because he is 'hitting his milestones'. This does not feel right to me. I have asked them to reconsider based on his diagnosis of ASC but they have declined. Is there anything I can do?

Does disability living allowance automatically transfer to PIP benefit?

When children turn 16 there can be changes to their support.

Can I download the Disability Law in Education No-nonsense Guide as a pdf?

01.01 Can you explain where to find the legal definition of disability in Britain in relation to education and how it works?

01.02 Is there a “test” to prove that my child has a disability?