Final EHCP issued with nothing named in I nor 'type' of placement nor provision set out in F ( EOTAS ). Appeal hearing 5/11/25 ( in 2 days time! )

Am I right in saying the LA have acted unlawfully by issuing a final without a placement/type/eotas? This is the very simple reason I have lodged the appeal which has taken 11 months - during which time my now 19 year old young person is highly unlikely to engage in anything whatsoever and are NEET.

If we register our child through the standard secondary school admission process, will their EHCP automatically cease?

Our adopted, Year 6, daughter has an EHCP with VI as the main need. We chose a secondary school for her with a specialist VI unit, in a different county. They can definitely meet needs but have yet to agree to the placement. If we went through the standard admissions, she would be given a place in our chosen school as she is a previously looked-after child. But we have been told by our Local Authority that if we do that, the EHCP will cease. Is that correct, would that be a legal move?

We were advised that our online school was EOTAS and left section I blank, we have a personal budget for school. Was this wrong?

We have had our EHCP for a year and are in the process of annual review. Might it be wise to add the virtual school to section I now?

Hi, I wanted to get some advice around our 14 daughter's educational needs, who has an ADHD diagnosis. Our daughter also has emotional/mental health needs & has an assigned Care-Codinator through CAMS. We have battled and struggled as a family to maintain a regular placement in mainstream education since the Covid pandemic but it's not working for her. We are aware that under the new legislation, parents can be prosecuted for the children's poor attendance record . We would be grateful for any guidance or advice that you can provide us with. Best wishes Les Hanson

The lack of specific educational provision for children with SEND. The mainstream school 8.30am to 3pm environment has been tried tiresly with our Daughter for over 5 years & just doesn't work for her

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

Can you go to judicial review and to first tier tribunal?

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?

Who is responsible for the quality of commissioned provision in England (whether or not it is meeting need)?

If a AP is named and it is just meeting identified need, but the quality is poor, who would be responsible for ensuring the quality improves?

(In)appropriate Local Authority attendance at the Annual Review

My daughter’s EHCP Annual Review (AR) takes place one week today. Per the norm, the LA has been invited to attend. We’d not had an indication one way or the other if they would; our LA doesn’t usually attend. Today, her college received a phone call from the caseworker saying that they would / could not attend, but their superior would (we do not know yet if this is virtual or in person).
The named person they propose was the lead and very adversarial protagonist on the LA’s behalf for a Lower Tribunal hearing (which we ‘won’), a subsequent appeal (which was also won), and then made an LA appeal to the Upper Tribunal, which we again won, which resulted in the (very successful) placement at the current college.
My questions are:
1) Is it permissible that an LA representative be substituted at this late stage and can we ask for an alternative person?
2) Can we request that the LA does not allow this person to be involved in our daughter’s AR, or indeed any aspect of her ongoing engagement with the LA SENAT?
We feel threatened and intimidated by the named person’s involvement because:
a) their extremely adversarial approach to the tribunals caused a lot of pain, distress, delays and expense – both to us, and to the public purse.
b) their various submissions and representations were found to be at best irregular, at their base level they were incorrect and manipulative, which the judge(s) concurred with (in other words, they were not faithful and truthful, but this is of course tricky territory).
c) we believe they are very prejudiced against us as a family.
d) my daughter is vulnerable and is still scarred by the tribunal process and we do not want this person to have any contact with her.
Thank you in advance for any guidance at this difficult moment, served on us at very short notice.