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Guv is a solicitor at Shoosmiths LLP specialising in assisting parents of children and young people with special educational needs with over 7 years' experience in the area. (SEN)
Guv secures the provision of services to be funded by local authorities for children and young adults with additional needs by way of EHC plans. She assesses EHC plans and advises on their contents to ensure they are fit for purpose. If there are deficiencies within the plans, Guv can assist in challenging local authority decisions by way of mediation or SEND tribunal appeal.
The types of services that Guv is able to secure for the children and young people that she represents include therapies such as physiotherapy, 1:1 teaching assistance and specialist placements.
Guv conducts seminars informing parents of their legal rights in respect of EHC plans and how they can enforce them.
She has links to local charities whom she regularly visits to assist parents of children with SEN.
Questions they have asked
Questions they have answered
Do I need to take a solicitor with me to the EHCP interim review?
Are there key transition moments when taking legal advice is advisable, during the process of getting or maintaining an EHCP?
The school is reducing my daughter's 1:1 provision in September despite it being agreed with the LA that her funding would cover almost full time ...
... hours. What can I do over the Summer to ensure that she keeps her support?
Is the EHCP a legal document? If yes, does my child have a legal right to support?
I am due at Tribunal next week over 1:1. The LA have not engaged at all - no witnesses submitted and zero progress on the working document. The court ...
... has ordered the LA to submit this by midday tomorrow. Can I ask for them to be struck out?
We have received a refusal to issue an EHCP from our local authority and have appealed the decision. We are now progressing to tribunal and have been ...
... asked to provide witnesses. The school are not supporting us in our application for an EHCP as they cannot “see” the challenges that our son has, despite his diagnosis of autism.
The LA’s witnesses are the school SENCO, educational psychologist and a solicitor. So far, we have no one to be a witness as he has not received support from external parties since his diagnosis 2.5 years ago. We have asked the diagnosing psychologist but she would need to reevaluate him and will charge for this. She recommended that it may be better if we ask an independent educational psychologist to evaluate him.
Do we need to have witnesses to strengthen our cases and if so who else can we ask? Would legal representation be wise? We are concerned that won’t win this due to lack of school support and understanding and are not certain that paying new witnesses is the answer.
Any advice welcomed.
Hi community, am hoping someone can help point me in the right direction. Can a local authority override power of attorney over health and welfare ...
... regarding decisions about a SEND adults ongoing care? If they make a decision that the POA does not agree with, what is the appeal procedure? Thank you in advance
We were issued an EHCP over the summer for my 7 yr old daughter which left out SALT and OT input, even though we supplied very detailed private ...
... assessments in both these areas - these are the two largest areas of need. The LA told us they would update the EHCP when the NHS OT/SALT had seen our daughter. As the time was running out for mediation or appeal to be triggered and we still had an EHCP that was not fit for purpose, we initiated mediation. Mediation is now December, the OT and SALT reports have just been done. Yesterday, through the mediator, the LA sent the NHS OT and SALT reports with a word version of the current EHCP, and asked us to mark up what changes we want. Are parents really expected to write the EHCP's with no qualifications, having no idea of what a good EHCP should look like? I'd like to know what should happen in the process, and what's the most practical thing for us to do now - if the best shot at getting what we need is to go back and pay a private EP to review and make changes, then I'll have to take it, but seems unbelievably unfair. Doubt they will do it in time of our December mediation date, in which case we will have to move the mediation date. Any advice would be really appreciated! Thank you.
We have just been rejected for the second time for a PIP application for my 31-year old adult son who has recently been diagnosed with Severe Autism ...
... level 2 'requiring substantial support'. We are appealing, so now it goes to HM Courts & Tribunal Service. I am feeling completely overwhelmed and out-of-my-depth, and as his Mum I am aware I have no legal experience or expertise, and we are only allowed one hearing. Is anyone able to offer me any legal advice and/or support?
We are currently undergoing our daughters first EHCP review. The educational psychologist who was initially contacted as part of the EHCP as responded ...
... to the nursery’s request to review /update the plan and has asked the nursery setting for payment of three hours of their time. The nursery has forwarded the request to us. The educational psychologist is instructed as part of the NHS and we are confused as to the payment. We have queried this but no response and are now concerned that it may delay the review. Any advice welcome please.
Does anyone have any advice about 'school refusal'? My child, aged 14 hasn't been in school since Dec 2020. How can we help breakdown the barriers and ...
... help them return to school?
Is it correct that SEMH provision written into a post 16 EHCP, funding to meet this provision is applied for after the college is named in section I ...
So college is named, SEMH needs cannot be met within college, external services required, so post 16 high needs funding needs to be applied for later in summer term ?
I cannot see how this can be lawful ? I’m being told this by college and LA. I don’t believe them.
Can leverage be placed on an LA to reassess a child with an EHCP? My specific scenario is for a child with ASD in mainstream school with simple EHCP ...
... that specifies full time 1-1 but the school don’t know how to handle, have reduced timetable to mornings but still call to ask for pick up at times.
Is there a minimum time that an EHCP needs to be in place before it can be reviewed? My child has had one for a short period but the school don’t ...
... know how to cope, have since reduced timetable below EHCPs 1-1 funded hours and are threatening expulsion. LA pushing back on an emergency review saying not been in place long enough.
My son is being pushed to attend a residential day educational school an hour away from our house. He had an EHCP review on 10th June where his ...
... current SEN school will say they can’t meet needs. My question is if he moves to this school an hour away how can I keep his current taxi provider? He has a really good relationship with them for 7 years and I don’t want to loose them as it will cause extreme anxieties with my son. Can I add that we need to keep his current transport into the ehcp document? If so how can I word it? Thank you
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.
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 .
Who can attend a mediation meeting for cease to maintain, can an EP, SALT?
A friend's child with complex needs and severe autism has been allocated a wholly unsuitable secondary school by the LEA. His teachers and all ...
... assessments to date support that he needs a specialist school. The parents have appealed to tribunal and now being supported by lawyers who have told them they need to obtain statements from 3 expert witnesses (an educational psychologist, an occupational therapist and a Speech and language therapist), which comes at significant cost and also means the hearing will need to be delayed (it is already not until October). This could mean having to homeschool him, with parents taking extended leave from work.
Is this correct? What are the risks of not getting that kind of expert support?
Are there good sources of support available on an urgent basis?
Are there any options for alternative provision/support to be provided pending tribunal outcome?
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 you