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  • Funding for Private Provision

    My daughter is diagnosed AuDHD and receives high rate daily living DLA and low mobility. No EHCP.

    She attended a private Waldorf school until it closed down in 2024. Waldorf has a very different approach to education which was accessible to her.

    After the closure there was a nearly 2yr court battle between myself and her father as he tried to force her into state school. CAFCASS concluded that would not be in her best interests and would in fact be harmful for her to attend state school and it was court ordered that she would not be made to. She was to be home educated and attend a Waldorf home education group four days a week - highlighting that the Waldorf approach is the type of education that she can access. I was able to receive financial support for this through UC as it was Ofsted registered as childcare.

    She has now aged out of that provision and wishes to attend another private Waldorf school, ideally starting in Sept for the next two years for her GCSE's. (She would be going into year 10)

    Unfortunately the fees would stretch the family budget to it's max and the schools own funding applications have closed for this upcoming year.

    What funding sources are available?

    Would a section 19 be applicable here?

  • Annual Review Process - Can the LA cherry pick professional reports?

    A quick bit of background. We have fought tooth and nail to have a SALT provision added to our son’s EHCP. This took well over a year and a full Tribunal process to achieve (We had to find and pay for the SALT provision through the whole tribunal). Even when ordered by the court, the LA has taken months to put anything in place. We have just undergone another Annual Review, and as part of that we submitted a new SALT report that increases the provision to 1:1 weekly 45 min SALT intervention at the school. The draft has just been issued, and they have ignored the updated provision, so we realise they are going to force us to go down another 18 months of Tribunal process to avoid having to pay for any more provision.

    However, the LA have taken the updated part B from the new professional report and put that in the draft plan. They have then omitted section F from that same report, as that would be the bit that costs them money.

    Would this be illegal, or at least a wrong use of the policy/code of practice? Could we use this to submit another complaint that we can raise to level 2, so we can then raise an ombudsman case or a undertake a judicial review?

    My thinking is that it would contravene Paragraph 9.69 of the SEN and Disability Code of Practice specifically “Provision must be specified for each and every need specified in Section B” and court ruling on ‘R v The Secretary of State for Education and Science, ex parte E [1992] 1 FLR 377 CA’.

    My source (https://www.ipsea.org.uk/r-v-the-secretary-of-state-for-education-and-science-ex-parte-e-1992-1-flr-377-ca)

    By adding the new SALT comments on need into Section B, but then omitting the new provision in Section F, as specified by the professional report, they cannot claim that the provision is specified for each and every need in Section B.

    I am no expert, so I realise that this might be clutching at straws. I have ten days left to comment on the draft (which was also late), but going back to the Tribunal again fills me with dread. I hope there is some way I may be able to force them to update the provision, but I realise that might be unlikely.

    I thank you for any help you are able to give.

    Edit - Spelling

  • EHCP section I failure by LA

    My son has tried two mainstream schools both failed as he is adhd with autism traits. His final EHCP stated he is to return to the mainstream school he prev failed in. The school listed in the EHCP told the LA they can’t meet need, but a specialist school that we named during the EHCP process said they can meet need but the LA has ignored all this..

    My son refuses to go back to mainstream education as he knows he’s over whelmed and gets in trouble. And, he has elements of PTSD to the point I can’t even get him to a meeting in the named school.

    I am 3k in debt because I had to get a private assessment due to waiting lists, and the private psyc report has also been ignored by the LA in their decision making.

    I have escalated to tribunal, however even if the local authority decide to change it to the school we requested - how long would this take? Can it be done immediately as I am concerned he will loose his place on hold for him at the specialist school who can meet need and it’s his chosen preferred school. We were told by the LA to visit other schools which we did and he fell in love with the one we requested. He is high level adhd and has lost trust in everything and everyone because of this, it has really damaged him mentally. This is his first EHCP since diagnosis. He hasn’t been in full time education since November 2025.

    This is so stressful, I am also a 24/7 single mum to two teen sons, I am also battling MS and this is having a damaging impact on my health as well as my sons.

    Thank you for your time.

  • Can a school refuse a child with an ehcp who previously attended the achool

    School are refusing to admit due to relationships with peers

  • Can the LA refuse to consult an Independent mainstream

    My LA is refusing to consult a mainstream secondary independent unless I agree to pay the school fees, and they will pay any top up from the EHCP (very little support needed at the moment) my child is mainly SEMH does not want sen in a mainstream but wants to go to a small class size mainstream (independent) LA is refusing, I will appeal but is it lawful to refuse to consult the school? they seem to be using a loop hole by re stating they are not refusing to consult, they will consult if I agree to pay the fees is this lawful?

  • 08.15 Does section F have to specify things like how much provision a child or young person requires, and how often?
    Noddy No-nonsense Guide
    Authors: David Wolfe KC, Leon Glenister

    14 Feb 2022

  • 08.13 Is there a particular rule about when a child requires out of hours SEP?
    Noddy No-nonsense Guide
    Authors: David Wolfe KC, Leon Glenister

    14 Feb 2022

  • 08.03 Can learning life skills be SEP?
    Noddy No-nonsense Guide
    Authors: David Wolfe KC, Leon Glenister

    14 Feb 2022

  • 07.03 Can health or social care needs be special educational needs?
    Noddy No-nonsense Guide
    Authors: David Wolfe KC, Leon Glenister

    14 Feb 2022

  • 02.01 Do all CYPs with SEN have an EHCP?
    Noddy No-nonsense Guide
    Authors: David Wolfe KC, Leon Glenister

    14 Feb 2022