I have never heard of exams being sat at home. My son has a separate quiet room - would that work?

Can a disabled child or young person sit their examinations at home?

When receiving an amended EHCP from the local authority (LA), must a child or young person receive a letter confirming their right to appeal to the First-tier Tribunal (FtT)?

When receiving an amended EHCP, is it acceptable for a local authority to send an accompanying letter with the newly issued plan, emphasising their willingness to work together to resolve any disputes but no other information? While this may be welcomed, is this what the legal framework requires?

Is precision teaching the same as special educational provision?

My son has been diagnosed with a specific learning difficulty—dyslexia—and I have been informed that precision teaching constitutes the special educational provision required to meet his associated special educational needs. Should I accept this at face value?

Thank you, Sean. Can I ask a further question from the same order? The LA refused to give me a copy of the consultation response from the named school. On the SEND7 I asked the tribunal to direct the LA to submit. This was also refused. "I do not see why a consultation response should exist because X School is Xs current placement". So my question is: Are there circumstances when a consultation does not need to take place if the child was already a pupil before the EHCP? I cannot find any information about such circumstances.

I am moving local authorities (Havering to Surrey) but am due to go to tribunal beginning of May on a refusal to issue. We now have got our address in ...

... Surrey but are continuing to maintain our house in Havering whilst we pursue the EHCP. I am concerned about transferring our case over to Surrey at this late stage in proceedings.
If I do, can Surrey apply to change the tribunal dates, apply for extra time to gather new evidence or in any other way delay the process, i.e. could they argue that they need to conduct their own assessments and extend the process?
I am also considering having a WP discussion with the head of the LA to request if she will consider issuing an EHCP with EOTAS. This is due to the fact that I know one of the reasons she agreed to my younger son’s EHCP was on the assumption that we would be leaving Havering and no longer be a financial burden to her. I could explain to her that we have not gone back on our word but that we would like to complete the EHCP process before we sell our house in Havering.
Finally, if Havering agree to issue before tribunal, could Surrey then seek to amend the provision contained in the EHCP (I will be requesting EOTAS with a view to a SEN provision in the future) when I transfer it? Thank you for taking the time to read these questions - any input would be most gratefully received.

Hi there, my LA wants to put direct payments for my son's SEP, health and social care in section J of his EHC plan. When I looked into it, section J ...

... is only for SEN and outcomes which relate to SEP direct payments. Should the other direct payments be included here?

Hi, are my LA allowed to remove provision from a previous EHCP when they produce a new draft without any assessments having been done? If not, please ...

... can you tell me what the law says about this?

Please explain public task as lawfulness for data processing in context of EHCPs that a ) LAs and b) Schools rely upon? I believe the public task ...

... of the LA is to have processes in place for dealing with EHCPs i.e. NHS commissioning agreements, assessment processes etc. But PUBLIC TASK does not mean that sensitive specific individual data can openly/ without parental or child consent be processed with whom the LA deems appropriate ie. school consultations or third parties.This would need to be agreed. PUBLIC TASK in terms of EHCP/SENDIST means that processes are in place.

LAs quote public task as lawfulness to share and obtain your individual data with third parties without your knowledge in EHCPNA and SENDIST. I don't agree and no one can explain this to me in simple SENDIST/ Education terms. Please can some one explain this as I believe LAs and schools are misquoting to obtain and share data strategically in sendist to blindsight parents

Is this right that a Family Court Judge can prohibit a child from being assessed? Also, is the school right to withhold referral due to an order/direction aimed at the parents?

In family Court proceedings currently ongoing for over 1 year, brought against me (mother) by child’s father, to prohibit me from removing our child from the school, he doesn’t believe she has an SEN and believes it is bad behaviour. School’s treatment of her anxiety and suspected SEN was traumatising her (school ‘refusal’). Immediately interim ordered to go back, school put in place lots of special measures for about 4 months (reduced timetable, phased return, permission for ear defenders, sensory things etc.) then very suddenly came to an end. Family Court issues between parents seem to be completely forgetting the daily struggles for the child now, I keep asking for permission to have her privately assessed (mainly for ASD & ADHD) but the Judge refuses and has incorporated this wording into the Court orders: both parents do not have permission to have her assessed. I ask at every hearing for this to be discharged but it is declined. This has been a year now and she is declining, and school have pulled everything and find me incredibly irritating, have written things about me that suggest they feel I am making her behaviours up, despite them being witnessed (and once supported) in school. No diagnosis, or EHCP in place. I even tried to complete the ASD Pathway Pack for school to refer her on, but they blocked it after the father showed them the Court order that says “parents” do not have permission to obtain a clinical report.
Thanks.

How to change school with EHCP plan?

She is being bullied, she is in a small group where she is the only girl in a class. Her plan target's is not being met. She emotionaly very down.

Can a school exclude a child with Autism and/or ADHD?

This is a question we hear often from parents. Parents can feel that their child is being unfairly treated or who 'act up' because their needs aren't being met.

My son's nursery have refused to submit an EHCP. Is this allowed?

My son's preschool will not apply for an EHCP because he is 'hitting his milestones'. This does not feel right to me. I have asked them to reconsider based on his diagnosis of ASC but they have declined. Is there anything I can do?

Is it true a child could be assessed quicker by CAMHS by applying for an EHC needs assessment, rather than joining the CAMHS general waiting list?

We hear of parents, who believe their child is SEND, waiting many months to get their child's mental health assessed by CAMHs. Because the EHCNA (EHC needs assessment) has a legal time limit, if an LA agreed to a needs assessment, then is it possible/likely the child could be seen sooner than on the general waiting list.

Can sen school refuse place because they are full?

School have said can meet needs but non spaces. We are on waiting list and dont know when space will become available.

Do I need to take a solicitor with me to the EHCP interim review?

We have Special School LA maintained named in section I, nearly all schools we have come back and said they cant meet need. Our preference school did a home assesment and advised they wont enrol this year as feel he is not ready, my son is 6. I dont know what to do next, thank you.

Son has a diagnosis of ASD Significant soeech delay Sensory Processing disorder and double incontinence.

Can a local authority name a school in section I if the plan is for the child to be educated through 15 hours of online learning, which the LA advise the school must source

My child is in year 9 and has been out of school for 18 months and now been assessed for EHCP. Ed Psyc report states mainstream school cannot meet her needs and she should be educated at home with at least 15 hours online learning a week. The LA plan is that she should remain on the role of her current school and that school should outsouce the online learning (through top up funding) which will be accessed at home. It is not envisaged that she will actually attend the school at all. Isn't this really EOTAS? Thanks

ehcp delays mean that by the time my sons ehcp is completed there will be no special school places available. Is there a way I can prevent this?

Our son will be 5 in October and has complex drug resistant epilepsy with epileptic encepathopathy, GDD and ASD. His nursery has been amazing but has had very little support and guidance, he has 1:1 at nursery and extra funding.

He can have up to 100 seizures a day, these can be extremely violent and throw him forward often causing head and facial injuries, he has very limited communication and cannot communicate his wants or needs, he is still in nappies, he has no awareness of danger, he will put anything and everything in his mouth. mainstream would be unsafe for both him and everyone else.

We are on week 16 of the ehcp and my son has just been allocated an educational psychologist.
The LA has a shortage of EPs and have said his outcomes meeting will be on the week beginning the 29th of may. (although they did say this would be brought forward once ep had done her report)

Our 2 nearest schools between them have about 20 places. I'm worried that the ehcp will be too late and he will not have a place. He's an October baby so I can defer him for a term but only if the nursery has space for him.

Is there any way to speed up the LA or somehow have them hold a school space? They have reports from SALT, OT, neurodiability, PNI teachers, GOSH etc etc seems silly to wait for one report when they already know he will need a place at a special school.
What happens if they don't complete the ehcp within the 20 week timescale?

Section 19 Education Act 1996: What counts as 'suitable education' to be put in place if child cannot attend school? EHCP in place but not ...

... appropriate and under mediation/appeal, still naming school child cannot attend.
Professional reports available that state that education in school setting is not suitable and that specify suitable provision.
However, the LA have not arranged provision whilst child out of school as per s19 (for 2 years), and school (receiving high needs EHCP funding) are only arranging 1 formal lesson per week, and none of the other suitable provisions backed up by the professional reports.
Can this be viewed as insufficient provision (by LA and school), and/or as school failing the best endeavour duty?

Can LA and college make secret deals about funding post 18 education?

My son is 20 and making great progress at college, EHCP outcomes still to be acheived, he enjoys going to college, college enjoy him and the transport is fine, so I thought everything could stay the same for another year.

However, Herts cc and Bucks college tell me they have made a deal over only funding one year of education.

I thought education was based on progress and basing it on funding was unlawful.

Am I right?

Parents asked recently, should children with ADHD, Autism or other challenges be in mainstream school (rather than special school)?

The cost of an EHCP disagreement. Can you outline the costs for parents of taking the LA to tribunal?

Will we get into trouble if my son misses a lesson,paid for by LA

He has been granted education other than at school,so home educating.He sleeps all day sometimes and will miss lessons,what I want to know is where do I stand with local authorities,will they want him back in school,we are both worried this may happen,we are trying to keep his sleeping in check,but he does struggle sometimes.

EOTAS on health grounds - CVI & epilepsy

My child has an EHCP in place. He understands alot but has huge barriers in communication so cannot tell me how he is feeling.

His vision fluctuates from being not great to being completely blind depending on how cluttered the environment is and how much visual or auditory clutter there is(clutter includes humans of course). He is in an SEN provision, class of 10 and each school evening he gets home and has a huge meltdown due to the stress on his vision and each school night he is having an average of 5 epileptic seizures as a result of this same stress.

We are in between a 2 day tribunal and a further 1 day adjournment hearing. I obviously dont want to get in trouble with LA but i cant watch my child health being continually impacted upon as a result of complying with sending him to school. If i take my child out of school for a month or so prior to the next hearing for these health reasons what, if any bearing will it, or is it likely to have on EOTAS and being able to implement provision at home in a distraction free environment?

Thank you in advance