The school are saying that this is a big ask and that it won’t be possible.
What support can I access to assist my son, who has been having behaviour issues that have been increasing for 6 weeks? He has been vocally matching other children in the class (it is important to add that my son is verbal, and the other children are non-verbal, as in they do not communicate using words, but I guess they communicate both using their device and vocally). My son will continually be vocal and disturb the class, hit the teacher, hit other children, throw things at the assistant teachers and other children. He has an autism diagnosis (level 3) and has been attending the education support classes at the same school for 5 years without any behavioural issues until recently.
The first 4 weeks, this behaviour was communicated to me by writing in the communication diary, which is kept in his school bag, by speaking with Dad after school during pick-up, and through a behaviour support plan that was sent home for me to sign and return the following day. The strategies included him requesting a break, requesting to go to another class, or the sensory room. If this is done five times, he is rewarded with a treat. During this time, I expressed wanting to meet with them because of the things written in the diary, but his dad, the messenger, let me know they (the teachers) said this was not necessary because they thought they could deal with it, and the strategies they were using were helping.
Last week, I requested a meeting in writing via email, and we met later in the week. I said I was concerned about the things written in the diary and was not sure why no one had called to let me know at the time of the incidents. I also wanted to follow the same strategies at home but had some issues because of different parenting styles between me and Dad. We will meet again tomorrow with both parents and his therapist in attendance. He was excluded from school today because they were unable to stop him from throwing things at other children, and he was placed in a class by himself. I understand it is a safety concern, but what services can I access? What steps should I take? What can I do as a parent to help my son with his behaviour issues?
28 Aug 2025
The Council have missed the deadline for submitting their evidence to Tribunal, and missed all subsequent deadlines. The Tribunal have responded by saying: "It is ordered: The LA is bared from taking part in any proceedings pursuant to Rule 8(2)." (however it goes on to say: "the LA may apply within 28 days of this Order, for its participation to be re-instated pursuant to Rule 8(6)".) The date of the letter is 13/08/25 + 28 days = 10/09/25. The appeal is held on 12/09/25.
The parents are going to Tribunal because they object to the school listed in Section I. Because the Council have been bared from proceedings, and if they do not respond by 10/09/25, does this mean the parents automatically get the school they requested for their child?
I have been speaking to a parent who has 50/50 custody with her ex-husband. He lives in Camden and she lives in Hertfordshire. Her son has an EHCP with Camden who are objecting to their choice of school in Section I (in fact, in August Camden pushed the whole EHCP onto Hertfordshire Council despite knowing the Mother is about to move out of Hertfordshire).
Because the Mother has to move house (her lease comes to an end in 3 weeks) the children will live with the ex-husband full time for the next few weeks. On 12 Sept, they go to Tribunal to appeal section B, F and I. Will the Tribunal take into account the child is living in Camden at that point? Or does the Mother need to find a place in Camden before the Tribunal date? The outcome they want is for Camden to stop pushing the EHCP onto Hertfordshire and deal with it in borough.
I am wanting to support the family to navigate this so I am wondering if this letter I drafted would help the situation.
I am writing to formally request a SEND Assist referral for my son, [Child’s Full Name], who is currently enrolled in the special education program at ____ Primary School. Due to his neurodivergent profile, [Child’s Name] relies on a specific object ______ for emotional regulation and predictability. While I understand the school has raised safety concerns, I believe these can be addressed through reasonable adjustments and trauma-informed planning. This has worked in the past, where we have been given the opportunity to come together to work on a solution that works for everyone.
Despite previous meetings and discussions about his behaviour, no resolution has been reached, and recently [Child’s Name] has been excluded from school and left in the care of a family member because I could not meet with the teacher that day due to work commitments, but I was available the following day. This is now impacting his right to inclusive education under the Disability Standards for Education 2005.
I am requesting SEND Assist involvement to:
- Assess the regulatory role of the object and propose safe alternatives
- Support the school in implementing inclusive, neurodivergent-friendly strategies
- Ensure [Child’s Name] can return to school safely and respectfully
Please confirm that this referral will be initiated. If not, I will escalate the matter to the Department of Education and seek support through Disability Services and allied health professionals.
Thank you for your time and consideration.
Kind regards,
[Mother’s Full Name]
[Contact details]
25 Aug 2025
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?
18 Apr 2025
Support SEND Kids has been contacted by many parents who are frustrated that their child's EHCP contains inaccuracies or includes out of date behaviours. Despite requesting the EHCP be updated at review, the school and/or local authority ignore these requests and continue to submit inaccurate EHCPs to families. At the point of phase transfer (11+/16+) these inaccuracies, in Sections B & E, have a detrimental impact on which schools will consider the child. Can a tribunal insist that a local authority revise/re-draft an EHCP?
- Child received EHCP in Sept 2024
- LA named mainstream in that EHCP
- Parents had requested specialist school A
- LA agreed that child needs specialist school but couldn't offer a specialist school for now because LA was short on places
- So, parents made tribunal appeal for section I only of the EHCP
- LA offers special school B instead of parental preference A
- Parents give LA's offer a serious consideration but then reject the offer as B isn't suitable for the child
- LA sends a new EHCP to parents and tribunal, just 3 months before the hearing date naming special school B
- SENDIASS says to parents that parents will have to file a new appeal now
- Parent rang tribunal who have said LA can't change EHCP unilaterally
- Parents also read lots of case law summaries online
- Parents are confident that the appeal is valid and this new EHCP that LA sent was nothing but a document, it wasn't legally binding
What is the truth of the situation, legally?
13 Jun 2025
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
09 Jul 2025
Our daughter is due to start school in September. She is 4 years old. We applied for a school place and the nearest school offered a place. A draft EHCP has been issued naming the school in section I. The school have now been formally consulted with the EHCP and have said they cannot meet need. This is not a surprise to us and we suspect she needs an EOTAS package.
If the final EHCP lists the school in section I, despite school saying they cannot meet need, where does this leave us? Her anxiety is high and she refused to attend preschool setting. Waits for the tribunal are likely 12+ months. Is judicial review the best option for us to challenge rationality of decision to name school in Section I that cannot need need?