-
(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.James Doherty
24 Mar 2025
-
Is there any legal basis for an LA to enforce pre-defined costings onto schools spending of the notional budget?
When providing provision maps to support top-up funding requests Derbyshire County Council is requiring provision to be costed at a pre-determined amount rather than the actual cost even when the school is evidencing the cost of what they are already doing (ie from their notional budget). This means that schools are repeatedly working at a loss in relation to this- can local authorities legally do this/ or is there a legal challenge that can be made against them doing this please?
-
Does a new diagnosis mean another re-assessment of EHCP?
Does a new Dx mean another re-assessment of EHCP?
Victoria Dean
22 Mar 2025
-
Provision in Section F
Section F states a safe space for emotional regulation. The school is offering a staff room - is this an appropriate safe space?
Victoria Dean
22 Mar 2025
-
How do I show A has EBSA?
What can I do to show a 9 year old has EBSA? I've a letter from teacher re his biting himself.
Victoria Dean
24 Mar 2025
-
Offered a family support worker for A's EBSA
The family support worker specialises in excluded lads/ gaming addicted lads. A hasn't been excluded. He's not a big gamer.
Do I need to see this individual. My 2 other children have excellent attendance. I feel we're being punished for A's neurodiversity. He has head and facial injuries from the car accident. I'm in a wheelchair. A tried to commit suicide in class and bit himself and threw things. Do I need to force him to attend and fail at another placement? He had been offered a special school place at an autism special school. They won't give a reason as to why he can't attend the special school - always that "Mainstream school of their choice can meet his needs.Victoria Dean
24 Mar 2025
-
Child's EHCP allegedly states ethnicity - is this needed for an ehcp in section A?
Child's EHCP allegedly states ethnicity - is this needed for an ehcp in section A?
Victoria Dean
22 Mar 2025
-
Can you go to judicial review and to first tier tribunal?
Victoria Dean
13 Mar 2025
-
My son tried at mainstream from 2019 to 2024. He is still working at P levels. He would sit on playground and cry. We had AR -in april 24 ehcp draft issued dec 24 and then ehcp feb 25, he has been offered another mainstream? Any ideas?
LA have not given a reason why it's not specialist - they offered a place
Victoria Dean
12 Mar 2025
-
Is the SENCo accountable for amending the EHC plan after an annual review meeting?
We have an upcoming Annual Review meeting scheduled in the next few days and recently received an email from the SENCo outlining the roles and expectations for the review.
The email states:
"As [my son's] SENCo, I will edit the EHCP after the review and make amendments where necessary."
However, based on what we’ve learned from other parents, it is not advisable to rely on the school to make amendments to our son's EHCP
As I understand it, the SENCo's role is to compile a report for the Local Authority (LA) after the Annual Review, leaving the responsibility of making any amendments to the EHCP to the LA.
Shouldn't it be the LA, rather than the SENCo, making changes to my son's EHCP?Gordon M.
23 Feb 2025