Does anyone have any views what the starting point in weeks is for SEP i.e. speech and language or occupational therapy for a tribunal where independent witness reports support provision much longer than 38 weeks (in relation to Code of Practice 9.55) to meet communication and interaction needs but the tribunal uses a starting point of 38 weeks because it is a school year? note: the child has been home schooled for a yearWatched by 2
We have EOTAS following tribunal, with provision specified in section F. It is now five weeks since we received the tribunal order and the provision is not in place - ie we haven't received the personal budget. We have received a pb contract, but it doesn't include all the provision in section F. Some of which is really clear (eg 38 weeks instead of 39) and some I think the LA would consider open to interpretation, though seems pretty clear to me. I don't want to sign a contract that isn't correct, but I do need the money ASAP to pay the providers. Is my best option just an official complaint? Is there any wording to quote to potentially speed things up? Thank youWatched by 8
Can Section A only be amended at annual review? I have just successfully appealed Sections B, F and I of my child’s EHCP at Tribunal. The Tribunal has ordered the LA to amend Sections B and F. The LA is in the process of doing so. My question is whether the LA is precluded in law from making the amendments I have requested to Section A at the same time?
The LA has said it can only do what the Tribunal has ordered it do it and that I will have to wait a year for an annual review to ask for amendments to Section A. My understanding is that as Section A can’t be appealed and does not come within the jurisdiction of the Tribunal, there is nothing in law to preclude the LA from making amendments to Section A now - when they are working on the EHCP to amend Sections B and F. Is this right?
I know I may be wasting my time arguing a point of principle here, but it feels an important one as the Draft EHCP was very poorly drafted and didn’t even include the full views my daughter had written out herself nor the full information she had given to the LA’s Ed Psych as part of a sentence completion activity. I therefore felt that in not including them in Section A her voice had been ignored, which was contrary to the whole principle of the Code of Practice. I have been asking for these amendments since the poorly written Draft was issued.
The LA ignored my requests to make the amendments during the exchange of working documents and has now come back with a ‘No’ and an email saying, ‘This can be amended following a future annual review. Legally [we] must stick to the working document and what the Tribunal have ordered us to amend.’ This feels unnecessarily unreasonable but is there anything in law to support their point?
Any advice gratefully received. Thank you.Watched by 6
My child’s school is refusing to meet his needs .As part of a now 8 months overdue assessment to update his appalling EHCP an OT assessment took place in March including school observation . The report said he was not currently able to access education , and needed 1to 1 support, different seating in class , and sensory support provision . School have had this information for 3 months , and don’t propose to do anything not even change his seating till September and after the permission of the school governors is given . LA plan writer went long term sick 2 months ago and nobody is answering e mails. This feels illegal as they are not meeting his needs , and LA are so overdue . What action can I take please .Watched by 3
The LA has issued the final amended EHC plan following an appeal. Should the LAs decision letter include details of mediation and tribunal as per Reg 14(2) under this scenario?Watched by 4
LA has agreed to EOTAS (involving tutoring, educational provision at an equestrian centre, and clinical psychology support). I have asked for transport costs - my car mileage - in taking my 13 year old child to and from these places. She has severe SEMH needs and will not allow anyone else to transport her. Is there law to support me claiming my car mileage; and can this be written into her EHCP? Many thanks.Watched by 3
I am applying for changes to my child's EHCP in respect of her 1:1 provision. Does anyone have a good example of wording for Part F of the EHCP for full time 1:1?Watched by 3
Who can attend a mediation meeting for cease to maintain, can an EP, SALT?Watched by 1
My daughter is in mainstream with an EHCP of 32.5. I want her moved into a primary specialist setting. She’s now yr 5. Process was delayed by 2 years due to pandemic. Have been turned down. LA also in email trying to deter me from naming a specialist secondary on her AR which is next week. Despite EP has stated ‘she needs a differentiated curriculum’ and to be ‘educated with like-minded peers’ . And that info appearing on EHCP draft.
The reasons LA gave were vague and non specific. School is full, levels too high apparently , (even though only emerging y3 with full support) and would impact on efficient education of others. (Found case law on IPSEA)
Current School support the move.
Feel that LA acting unlawfully and incompetent re timelines.. so was told I could go to AR with only a working document not a proper draft - I’ve challenged that and working doc has been relabelled and sent as a draft with now obsolete info as per EP report.
I will exercise my daughter’s right of appeal, but is it only learning levels that are ever considered at tribunals? she has a complex range of medical, soc communication and physical disabilities as well as being at pre key stage levels.
Is there anything in the Noddy Guide specific to this?
Also can I name out of county as an alternative?
ThanksWatched by 3
Do I need to take a solicitor with me to the EHCP interim review?Watched by 118