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  • 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

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  • During the appeal process, If the LA has failed to obtain information about a child's mental health, can provision, in the form of an assessment be added into the Working Document?

    We are currently appealing Section B and F and we have my son's Annual Review this week, where I'm hoping to agree as much as possible with the LA. My son is autistic and has extreme anxiety. Our GP referrals to 3 different CAMHS services have all been rejected and the LA has not obtained any information from professionals about my son's mental health, so whilst I have reports from Ed Psych, SALT, OT which all highlight anxiety as a need, we have no specific recommendations for provision outside of school adjustments. I have now submitted a SEND7 asking SENDIST to provide directions in this matter, however I was wondering if I can suggest provision within the Working Document - such as an assessment from a mental health professional?

    Thanks!

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  • Annual Review during the appeal process

    We're currently appealing Section B and F of my son's EHCP and have our hearing date in Apr. My son's AR meeting took place on Dec and I'm currently awaiting the outcome of this.

    My understanding is that the AR process is the same if we are in the appeal process or not? However, the LA have stated that:

    '...since this matter is currently subject to live appeal proceedings, the appeal process takes precedence over the annual review. The Local Authority will address the requested amendments through the Annual Review within the context of the live appeal and using the working document.'.

    They seem to be implying that we'll just continue with a Working Document, rather than issuing a new EHCP. I am going to ask for further clarification about this, however I wanted to ask some advice, so that I can ensure that I know the law around ARs before getting back to them.

    Many thanks,
    Sofia

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  • Annual Review and appeal

    We have an ongoing issue with the LA not adhering to the legislations in regard to my son's Annual Review. We are currently appealing Section B and F and whilst the LA have confirmed that they will amend his EHCP, then have stated that they have no intention of actually issuing an amended EHCP.

    Quote from the LA:
    'The statutory guidance for Annual Reviews does not prescribe a specific template for issuing a Local Authority proposed EHCP – there simply is not a temptlate for EHCP’s therefore utilising working document to replace the amended proposal should not disadvantage your son'

    They have refused to give me a legal basis for this, instead stating:

    'I must respectfully clarify that the Local Authority, as the respondent in this appeal, is not in a position to provide further legal justification or interpretative guidance to the appellant. If further clarification on legislative matters is required, we would kindly suggest seeking independent legal advice or advocacy to support your understanding of the statutory framework.'


    My understanding was that a Working Document is used for communicating changes during an appeal and therefore it is isn't appropriate to suggest this as a replacement/alternative?

    Given that our hearing is in early April, I'm not sure if we have any options in terms of a Pre-Action letter/Judicial Review? Would it be better to concentrate on preparing for the appeal and bring up there what the LA have done? I have already submitted all of our AR meeting minutes etc... as evidence to SENDIST, so they will know that at least part of the AR has taken place.

    Thanks,
    Sofia

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