Advice needed regarding Draft EHC Plan

[micku5]

I am after some advice please. DD2's statement is the process for being changed to a EHC Plan. Last year we took the LEA to tribunal and lost and the LEA named her old mainstream school under placement.

She has been at her new school for the 2nd year and in November we had her annual review. When we received the Draft EHC Plan on 18th December, under outcomes they have named her new school (an independent fee paying school) and the school rang them up yesterday to ask when they will start the funding. I gave them a copy of the report as the LEA hadnt bothered to send it to them. The LEA have now backtracked and said we are not paying, the parents chose the school etc.

My question is can they amend the plan even though they had reviewed it after the school and I had our meeting and they sent the letter saying if happy they they will issue Amended Final Plan, and if I disagree with 'the proposal to convert the statement' I should contact them.

[senvet]

How old is DD? and are you paying for ss/indie ms after losing Tribunal?

[micku5]

She is 8 and in year 4. Yes we are paying. Because she made the tiniest bit of progress at the mainstream school that was deemed enough for them. Although we still had another dd at the mainstream school we moved dd2 to the indy school as she had lost all of her confidence and self esteem.

The LEA have funded other pupils from other schools so we thought they had finally seen sense and agreed that she should go to the indy school

[senvet]

Well if I were in your shoes, I would sign it and send it back, and then they will be forced to amend it. Cheeky, seeing as it was an error, but hey? Don't do it if you think it would make them mad. You don't want your file to become the one they dread looking at.

I am very hazy on this, but if they amend will you have another chance to go back and appeal?

Anyway, my thought is to check with IPSEA or one of the other tribunal support groups (or a good SEN solicitor if you can afford one) what evidence you had for the last appeal and what evidence you could bring to bear on a new one.

What are DDs learning difficulties - obviously don't worry if you don't feel comfortable saying

[micku5]

She has speech and language disorder and global learning delays. Ipsea advice line was closed today so am going to try tomorrow before I send off any emails to them.

[senvet]

One of the other threads recommend another IPSEA-equivalent. SOS comes into it from memory.