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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
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Can you go to judicial review and to first tier tribunal?
Victoria Dean
13 Mar 2025
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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.Christopher Jackson
09 Jun 2025
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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?
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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?