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  • Is it a reasonable adjustment for a sen pupil to discontinue or reduce studying foreign languages

    Interested both at KS3 level but more GCSE - I have heard that parents can refer to a legal clause that should allow all pupils with sen to be given the choice to avoid studying Modern Foreign language at GCSE. I am a senco in an independent school in London where we are investigating more optionality. Like many schools, to date it has been mandatory to study at least one MFL at GCSE, and several more lower down the school.

    S Senco
    Independent Secondary School

    25 Nov 2024

  • 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.

    C Hayes

    22 Oct 2024

  • Recently attended formal mediation with my LA on the grounds they are refusing to conduct a EHC needs assessment. However during the meeting the LA representative advised they could not make a decision and that the new information shared, would need to be presented back to their send panel for reconsideration. Is this allowed? I thought the purpose of mediation was to resolve issues if able to do so? I.e make a decision.
  • Can I take legal action against a private (independent) mainstream school that has refused my 3 year old daughter (sibling) a place due to her SEN needs in speech and language?

    Summarised version
    I need some advice on what options I can explore regarding an independent mainstream school refusing my 3yr old a place in the school her older sister goes to. Are there any legal options that can be explored please? They are capable of meeting her needs (speech and language delay) as they have done and are doing this for other SEN children with more complex needs. They claim that they are at SEN capacity due to all the other SEN children they are supporting. They are also claiming they don’t have the physical space for an additional teacher to support her. Do I have any legal grounds to explore at all? The school was oversubscribed and I suspect that is the true reason they’ve refused my daughter a spot despite her being a sibling. According to the nursery she attends which is linked to the school, her needs are not extensive enough for an EHCP. I’d appreciate any guidance on this please.

    All I want is for her to be offered a place in the school, the teachers are truly lovely, it's the head teacher that is a bit cold.



    Detailed Version
    I have two daughters, a 3yo and a 7yo. My 3yo is on the ASD pathway with a 3yr waiting list. She has speech and language delays - receptive and expressive. No other significant concerns or differences, she’s social, gets on well with people, toilet trained etc. She was 5 months old when her father died, I have no idea what impact that might have had. She didn’t recognise her name until well after she turned 2. She’s now 3y 6mo and has the communication age of a 2 year old. She goes to a nursery that is joined to an independent school - they have the same name, proprietor and head teacher/director running both institutions.
    At the nursery, my daughter is on a personalised plan and receives recommendation from an independent speech therapist. Regarding milestones, she is delayed in all things related to language and communication - her speaking, listening & understanding are all delayed. Her nursery does not think her situation is serious enough for an EHCP. I’m applying for one on my own but they aren’t being optimistic at all.

    My older daughter goes to the independent mainstream primary school linked to the nursery. She’s settled there for over 2 years now. We had to relocate back to the UK after my husband died while we were abroad. It was extremely tough for all of us. This school has been her constant in the last two years. The school have SEN children with some having joined the school with their ASD diagnosis confirmed, some have more complex needs and require 121 support, some have speech and language needs and a whole host of well managed support exists in the school. On average about 1 child per class has additional needs. The additional support has all been paid for by the parents, in addition to the school fees.

    When my younger daughter went for her assessment visit in Oct 2023, the school was well aware of her communication gaps - from the nursery report. The head teacher mentioned she could not offer her a space without knowing what her needs were. She said she would reserve a spot for her and wait till July 2024 to assess and work out what additional support she would need.

    In June 2024, my daughter was called in for her second assessment and before the end of the assessment, the teacher was already preparing me for a rejection. The head teacher walked in later and without any consultation with the teacher, also started preparing me for a rejection. Almost like the decision was made before seeing her. The head teacher was explaining how she would get better support in a state school and that the school was not equipped to manage her needs. I then let her know I was aware of people in the school with more complex needs that were being managed extremely well. She then changed her tune to say the school is a small school and they wouldn’t have the physical space to accommodate another teacher to support my daughter's needs. That the rest of the children in the class were so far ahead of her and it just wouldn’t work out.

    I firmly believe the reason my daughter has been denied a space is because of her disability and the fact that the school was over subscribed. They would rather deal with an easy neurotypical child. My daughter is a sibling of a current student, should she not have been considered fairly first? The school is very capable of meeting my daughters needs. They simply would rather not deal with the hassle because they have neurotypical children they’d rather give the spot to. Even though they have no previous ties to the school.

    Is this discrimination? Can I fight this? Do I have a legal grounds? I tried to appeal the decision directly with the head teacher but she is not budging. What would you advise please?

    Thank you.

    T D

    16 Sep 2024

  • where the Parents and the LA have been in Sendist Tribunal for nearly two years , the reports are outdated . The LA have had over 7 extensions of time , Can I appeal this with a JR ?

    first tier tribunal but reports outdated by 2 years , no support from health or education during that time

    Kerry Lough
    Parent

    10 May 2024

  • 09.355 Can a parent or young person express a preference for a school outside their own LA’s area?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024

  • 09.34 Should a placement be named in Section I where there is a slow transition to that placement?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024

  • 04.037 Can a parent request a reassessment of the CYP?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024

  • 06.04 Are there time limits in respect of the preparation of an EHCP?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024

  • 04.036 Does the LA have a deadline by which to amend a plan where a CYP is transferring between phases of education?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    03 Mar 2024