The Local Authority is seeking to carry out a late EP assessment after the hearing bundle has been finalised. I already have an independent SALT report recommending 25 hours of one-to-one support and specialist SALT therapy.
I am concerned that agreeing to a late EP assessment could risk undermining the strong recommendations in the SALT report. However, the therapist does note that it is not her role to determine final one-to-one provision.
I would appreciate advice on whether it is advisable to agree to the assessment at this stage.
Autistic, demand-avoidant Child with EBSNA and autistic burnout not able to attend school for mental health reasons. After 7 weeks of asking the Council for alternative education, school offered a tutor to visit at home. Refused by us (parents) as not suitable (child very protective of ‘safe space’ at home & needed to be offered something they could engage with). A PAP letter was sent from our solicitor to the Council and the response was that an allocated place was available (at the school he was unable to attend) and therefore the Council were not in breach of s19. EHCP was issued the day after this, naming the same school (who say can’t meet his needs) in Section I, and we are appealing.
Was it unreasonable of us to refuse the home tutor, and has the Council discharged its duty with any offer of education?
Child has severe sensory needs impacting on access to education. Highlighted by EP during the needs assessment and throughout school advice, parents etc. The commissioned service delivers parent training only. Requested sensory assessment info submitted was parents training attended not active with service . Requested the LA to secure proper advice, submitted stage 1 then stage 2 complaint. Appeal was registered with SENDIST and aware that the LGO directs to tribunal a request to tribunal was made to direct the LA to secure an assessent/advice. The tribunal has refused stating that rule 15 does not give the Tribunal power to order an LA to carry out additional assessments. I knew that the tribunal may not agree to direct them but I thought it would be "wouldn't" rather than "couldn't"
Going to mediation to appeal decision for an independent college (not a section 41 setting). Refused based on resources, not good use of public money. It is about £6k per year extra (£12K as 2 year course). The college offers only supported internships - 1 year pre-internship and 1 year supported internship. Also appealing Section B, F & I of EHCP as additional recent diagnosis of autism.
I will be providing evidence on potential cost savings (transport) but I want to quote any legislation that relates to the students view of really wanting this college. They are age 19.
He has looked at other settings and couldn't get there as can't travel on the train, requires a change and he doesn't have the skill and too anxious to do that. The other colleges are also bigger and are overwhelming for him. the
The requested setting has specialist support that will develop him to achieve his personal best. He has spent the past year preparing for this transition by visiting the area and the requested college as he finds change and transition challenging. The current college doesn't offer a 2 year SI but we don't want the LA to suggest an alternative college as he has looked at other options and they aren't right for him.
Is there a legislation that LA's need to consider the view and choice of a student?
17 May 2025
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?
We are appealing a placement in Section I of the EHCP. The requested new college offers a 5 day provision while the current (named) college is only 3 days. At mediation I would like to explain that we are seeking health and social care support to extend the current provision to 5 days. Is there any legal requirement or legislation for the LA to provide or secure full-time education / training for a 19 year old in a college setting. I would like to use this to support our case when providing a cost comparison against the 2 settings.
17 May 2025
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?
Following the outcome of a complaint to a University, I wish to appeal the decision. The grounds for appeal are either a) new information that was not available at the time or b) procedural irregularity. In reading the outcome letter, it is clear that they have not properly applied the equality act and related guidance in their consideration of the complaint. Would this come under procedural irregularity?
This is regarding the reasonableness or otherwise of a request under reasonable adjustments. Note this is something that is a fairly standard adjustment in most higher education and other institutions and their own university wide guidance says should happen, but the academic department in question has ignored and argues that the workload is too high or too complex.
The university say they have discharged their responsibility to remedy the error by offering student the opportunity to resit exams "as if for the first time" ie without penalty. Student has severe anxiety around exams and has had no reassurance that errors will not recur. Year was passed but results lower than expected and results will affect final degree classification.