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Can I claim transport costs arisen while appealing changes to transport provided (appeal was successful)?
- Transport changed from solo taxi to shared taxi without new risk assessment being conducted
- initial appeal (end of august, just before school returned) submitted parent statement
- initial appeal failed, warned one attempt left. Gathered evidence from multiple professionals for stage two appeal and triggered pre-action protocol letter
- while appealing - self funded transport with the same company the LA had been using previously, receipts provided
- outcome - won appeal and LA concluded solo transport was required, however refusal to reimburse any costs as it was parental choice to send our son to school and we hadn't provided all the evidence (which we didn't have) at stage one
Context - our son is a school refuser (gaps in attendance can lead to increase in distress behaviours going in / increased refusal), his school is out of county and we were unable to drive him ourselves, all our leave was allocated to school holidays, our son has a congenital brain injury and cannot be left at home without supervision, our son has previously looked after child status (adopted) and significant trauma, the loss of regular driver triggers rejection and toxic shame responses (including self injurious behaviour).
Additional - initial appeal August 2024, pre action protocol issued October 2024 (and not accepted as stage two complaint hadn't gone through - we thought both ran together, additional costs associated with this), complaints re costs incurred outcome August 2025. (Process initially delayed by gathering evidence, and then by stress incurred / health issues)
Costs incurred - around £5,000, now in debt as a result as had been told if we won the appeal we would claim costs back (but county staff member - recording of this phone call is unavailable we have been told, as not all calls are recorded) -
Suspensions
Son is 6 years old - suspected ADHA,PDA and Trauma related anxiety (owing to my incurable cancer diagnosis). He is in year 1 of a primary school who were very slow to acknowledge his SEN needs, despite paperwork backing this from age 3. He has a sen support plan in place, along with a positive behaviour plan - both heavily written by me as the SENCO is very inexperienced. He now has 1:1 at all times he is in school - with a note in the sen plans that he should be with a trusted adult at all times, because of a flight risk and risk to others. This year he has been suspended 3 times already with the last suspension being 2.5 days for spitting. The situation occurred because his trusted adult was not with him, no adult was. My question is - can the school really suspend him, when they are failing to stick to what's been agreed and counter to the plan, fail to identify new triggers and learn from experience. Many thanks legal brains for giving your time.
Michelle Bullen
21 Jan 2026
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EHCP was issued with no school named. Initially mainstream but now agreed mainstream is not appropriate. The LA have consulted for a school place with incorrect diagnosis, stating that my daughter has MLD social and behavioural needs when she is SpLD, intelligent and has no social or behavioural needs. Are they breaking the law in doing this?
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Are medical notes that have been annotated and signed by the DR acceptable for EHCP
Medical professional has annotated and signed the medical records but LA will not accept them or add them to the EHCP
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Understanding change of placement in section I after permenant exclusion?
My son is in year 7, EHCP and been permanently excluded.
He was in mainstream and I was trying to get a change of placement but the LA had not put the paperwork through in time and told me to wait. In which time he was PEX. I'm not appealing the PEX as it's pretty pointless, he lasted 10 weeks in Mainstream school.
Now the PEX has prompted a change of placement under section I. I have named a specialist, the LA are consulting on Parental preference. But they feel his needs can still be met in Mainstream and consulting with them.
Due to the PEX he is now educated outside of school and the LA have set him work online with a tutor online. Which obviously does not meet provision F. I also work full time and after next week I have zero childcare. I have complained to the director of children and suprise, nobody cares.
I have two questions with anyone that has been through this:
1.When the LA name a school that is not parental preference I have the right to appeal under SEN tribunal, this is currently a 9-12 month wait, is this triaged as more urgent as he is not in school? Also will the 'tutoring' remain in place whilst I appeal?
2.I have contacted every solicitor I possibly can to proceed with judicial review, can anyone recommend anyone that could take legal aid and has availability?
I actually have no idea what to do and I don't actually no how I'm going to keep my job. Anyone that's been through this experience and could share would be much appreciated, I can't find this situation online anywhere.O -
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?
Cecile Laurent
17 Nov 2025
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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.
Amanda Lazenby
03 Nov 2025
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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?
Angie Lee-Foster
18 Apr 2025
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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
Les Hanson
09 Jul 2025
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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