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  • Victoria Federico

  • SEN Solicitor, Russell Cooke Solicitors

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Answers [5]

Questions they have answered

  • My son is 8 years old and is in Y4 at a mainstream school. He is on a My Plan+. He has sensorineural hearing loss in both ears and wearing hearing ...

    ... aids in both ears (the benefit in one of his ears is negligible as it has profound loss ). We have always been advised by our Teacher of the Deaf that we would not be eligible for an ECHP. Is this correct?

    Inactive User

    20 Jan 2022

  • 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.

    Cherry D
    Parent

    14 Aug 2022

  • Does my LA have a legal duty to update my child's EHCP following the annual review and recommendations from her current setting? LA have said they ...

    ... will 'maintain' EHCP but won't amend with the updated recommendations from the school for significantly more provision of SLT and OT time, as they say that the 'outcomes' are the same and so it's not a significant enough change to warrant an update, and they would like to wait until a change in key stage.

    LUCY HIORNS
    Parent

    08 Sep 2022

  • My daughter was 18 august, asd and anxiety, she's had eotas named since 2019. She gets tuition. LA have reduced tuition to 2hrs (from 11) this sept. ...

    ... Is there any laws about how many hours she can have? We have tribunal booked for jan 23. Unsure how strong our case will be given her age. Any advice?

  • At what point can Mainstream schools decide they are not able to meet the needs of a child? Aged 6 , yr 2, Prob ASD/ ADHD?? Not yet diagnosed , but ...

    ... has now got ECHP.