-
Is there a standard of behaviour that the LA must adhere to during the appeal process?
My Tribunal Officer is using obfuscation to cause delay and avoid answering my queries. She has also promised that to remedy communication delays, the LA have approved to commence 1:1, as a 'goodwill gesture', however this hasn't happened. Is there anything that I can do besides complaining, which has had no effect? Thanks
Sofia Huguet
01 Dec 2024
-
Process and EHCP Amendements post Emergency Annual Review meeting
Hi there,
I posted in the Tribunal section on 22.10.24 and the info and advice given was very helpful. My original question posted 22.10.24 is below - for context/history:
“Tribunal order- School now saying not appropriate provision for him citing - school structure, student cohorts, and his specific needs “
Fast forward, the Emergency Annual review meeting took place at school last week, with Headteacher, assistant Headteacher, SLT and Educational present.
It appears that there is a mis- match between my sons final EHCP document (finalised at Tribunal April 2024) versus how he presents at school, versus schools ability to implement section F of his plan and the Tribunal order ( dated April 2024).
What I would like to know is it appears the professionals i.e EP and SLT are backtracking from their original reports/recommendations as per submitted for Tribunal and which form large parts of his current final EHCP. The school have said that because the plan has become very specific they can’t implement large parts of it- citing school organisation, staff needs, the way the students are split into cohorts. I am worried individual strategies linked to my son will be amended to be less individual, can the school / LA / professionals legally do this as part of the AR process?
Extract of Section F EHCP provision below:
-Group Xx with children that are not prone to loud stimming or that have a need for constant movement in a lesson.
-4 times daily for 15 minutes each, provide a low arousal environment with soft lighting and minimal extraneous sounds e.g. library. In this session, teaches Xx academic concepts in a one-to-one ratio of adult to child.
I/ we eventually agreed in the meeting, that the school could meet needs but the EHCP would need to be amended as a result, in order for the school to implement. An example of the above two points (taken from EP report - under ''strategies''), were points school could not implement. The EP during the meeting said these were ''observations'' not recommendations..
I have chased the school for an update this week, and received the below reply:
''We are currently collating the reports from the other professionals and reviewing the EHCP within school. We are aiming to have a draft document that we can look through with you by the middle of next week''
Much of the Section F provision is linked to my sons OT needs, the school have said they have no dedicated OT on site, which is concerning. Support around Personal self care (dressing for example) and Teeth cleaning - very specific needs and targets which are in the plan.
I am keen to stay on good terms with the school and think the school can meet his needs- but at the same time ensure my sons needs are being met, his progress continues to be very slow but school do agree he needs extra support. He appears happy and settled at school.
Essentially, how can I ensure I work with the SLT / EP/ School /LA effectively to make the amendments to his plan, covering everything before it goes to panel?
Does updated advice from the EP / school speech therapists as part of Emergency AR meeting, supersede the info in his current plan (given it was only collated 6 months ago?)
School have said they will amend the AR document to show that the school provision is suitable, but instead say that changes need to be made to EHCP- how much weight will this hold with the LA?
I don’t want to miss anything, or take parts out of the EHCP which could be detrimental in future, I am worried how I should tackle this scenario.
What is the likelihood of the LA ''panel'' disagreeing with the school i.e about the placement? What if the panel say ''no amendments to EHCP'' i.e Maintain?
Where does it leave the original Tribunal order (April 2024)?
The process is very confusing, I do feel the school have been supportive but being a special school can only do so much. I don't think they are willing to make significant changes to school organisation / staffing etc to allow for the changes that my son needs, which leaves me in a difficult position.
Please note, my local SENDIASS was present at the meeting- but I don't feel they added much pre or post meeting unfortunately. I have tried to make contact with SEN SOS - but have been unsuccessful in getting through, so any help information or guidance would be very appreciated. Thank you very much. -
Can we refuse an early annual review when an appeal about the contents is underway?
School want to do an early annual review after only six months, whilst I am doing an appeal about the contents of the original EHCP. I am worried it will complicate matters and also potentially further reduce provision.
-
Is it a reasonable adjustment for a sen pupil to discontinue or reduce studying foreign languages
Interested both at KS3 level but more GCSE - I have heard that parents can refer to a legal clause that should allow all pupils with sen to be given the choice to avoid studying Modern Foreign language at GCSE. I am a senco in an independent school in London where we are investigating more optionality. Like many schools, to date it has been mandatory to study at least one MFL at GCSE, and several more lower down the school.
-
Is it possible to convince a University to agree a remedy for lack of disability support which is outside their standard published remedies?
Appeal has been upheld but their only suggested remedy is to resit the modules (from the last academic year - 2nd year) in the next academic year. The modules were passed but not at sufficient level to continue on integrated masters course so has dropped down to Bachelors (by a few percent). They will only re-instate to Masters if she passes the 2nd year modules at sufficient academic grade, but student is currently in final year of Bachelors and due to graduate before the exams take place! We are arguing that the failure to meet threshold is due to lack of disability support and provision and that if she passes 3rd year modules at sufficient level, this should indicate ability to continue.
Not sure how to argue this when response is "computer says no". Currently awaiting investigation of formal complaint. -
Is it possible to ask the FTT to clarify/review their decision?
I have just had tribunal last week and my YP (who is 16 )has been awarded EOTAS. The EP report suggested 15 hours of tuition at home. It also said a PA would be helpful for accessing the community, going to yoga/pilates and going on educational trips. The time for this wasn’t specified in the EP report.
When I worked on the WD with the help of Sossen, we amended PA to PA/TA/LSA, as I had heard LAs often won’t fund a PA and argue this is provided by social care. We asked for 15 hours a week for this. The LA agreed to this in the WD. However at the tribunal the panel were concerned that having a TA, with other elements of the package, would mean too many people being involved. They agreed to the 15 hours tuition but suggested the tutors might be able to take my YP out. They also asked where the 15 hours PA/TA/LSA had come from and when the EP said she hadn’t put 15 hours there they seemed to think (erroneously) none of that section had been recommended by the EP and removed it from the package completely.
This leaves my YP with no support in PFA or to access the community. My YP needs travel training, PHSE, help booking an appointment, going to a shop or cafe, exercise etc. Whilst the tutor might be able to do the odd educational trip to an exhibition they won’t be able to go out regularly. Her current English and Maths tutor said they wouldn’t be insured to do this and that you need special training to go on trips/ public transport.
So, can I write to the tribunal asking them to look at this part of the decision again? I thought the verdict was binding but it seems you can ask for clarification? If I had confidence in the LA I might try and negotiate it later, but they were awful during the process and I’m sure they wouldn’t agree to anything not specified in the plan. Thank you! -
EHCNA : Where EP has referred to specialist advice from SALT / OT but the LA has not arranged assessment what can do done?
LA has decided SALT / OT assessment not necessary following "not known to service" response. EP report however states that further details on needs will be available from specialist advice. Formal complaint response (from LA stage 2 complaint) was that the decision comes under professional judgement of SEN team and therefore they cannot intervene. Decision has been submitted to panel by case worker.
Any idea what to do next? -
Are the proposed 'timelines' by the SENCo in line with the correct Annual review process?
We applied for our son's EHC plan last year and following the coproduction meeting in January, the SENCo submitted details for additional funding.
The request for funding went to panel, got approved and the final amended EHC Plan was issued on 28/02/2024.
The SENCo recently sent the following email:
[XX]'s annual review is due this term.
As [XX] is in Year 2 (which is a Key stage transition to Year 3 Key Stage 2), his EHCP is due to be reviewed. As part of this process, we request an Educational Psychologist to assess and set new targets. Can you please return the consent form, if you agree to the EP visit. Otherwise the EP will not see him. We will do an annual review without the EP assessment.
So you are aware of the timeline- it is listed below
Timeline
Parent sends in EP consent
EP visits and assess child in school
SENCo sets date for annual review and EP meeting for parents to attend
EP meets with parents and SENCo - hold Annual review as part of this meeting (teacher and LSA attends this meeting) Typically lasts 1-1.5 hours
SENCo amends EHCP paperwork and sends to parents
SENCo sends revised EHCP paperwork to borough to update EHCP
Could you please advise on the following:
1. The SENCo seems to believe that the annual review is based on term(academic year) and not calendar(i.e months). Is there any reference to 'term' in the legislation?
2. We believe the annual review is not due until February(this is the timeframe we (parents) are working toward). The SENCO seems to be rushing to have the meeting to catch us unprepared. How can we push back on this?
3. The timeline described below seems to muddle several separate processes into one. Shouldn't the EP assessment be done separately ahead of the annual review? We would expect the findings from the EP assessment to be used to update the needs and targets in the EHCP, is this correct?
4. The SENCo's email seems to suggest that the EP is accountable for assessing and setting new targets. Our son has OT, SLT and Physio; does this mean the EP sets targets for all of these?
5. The SENCo suggests that she will amend the targets and interventions in our son's EHCP and then issue it to the LA to be rubber-stamped. Shouldn't the LA SEND team be part of the annual review and process of updating the EHCP?
6. We have heard from many parents that the SENCo seeks to remove as many interventions(without clear evidence of progress) as possible from children's EHCPs at annual reviews. Is that common and why? How can we protect ourselves against this?
7. Should we be arranging for other professional assessments (SLT, OT, Physio etc) to feed into the updated needs and targets?Gordon M.
10 Nov 2024
-
Can the LA amend section E outcomes without consulting parents?
We have tribunal against B, F and I in less than 2 weeks. The LA have sent in late evidence today (even though they are barred). They appear to have amended outcomes, without consultation. They also haven’t mentioned them in the email, just slipped them in.
My child is 16 (nearly 17) and at key phase transition. Lots of the outcomes refer to the end of post 16. Does this mean if they are achieved they will try to cease to maintain at 18?
Is it lawful to amend outcomes at this point? And without any input from parent? -
Advice on how to approach LA
Urgent advice on how to approach this please. Tribunal appeal in less than 2 weeks. LA have been awful. Not sent case review form or WD. 2 orders from Tribunal which they ignored and are currently barred.
Today, less than 8 days before tribunal they have sent WD. Also snuck in some late evidence. And asked for a meeting with me next week to discuss what I am appealing. The appeal was lodged 5 months ago and they have not wanted to work with me at all until today.
I have been working on WD with some help from a charity but am not sure it is quite right yet. I also don’t trust the LA now. I’m not sure whether to meet them or just say I’ll have an email discussion with them, or just do via WD?
I’m tempted to write a timeline of when info submitted, and my emails to them and oppose them putting in late evidence. Is this worthwhile?