As part of the reply to JR pre-action letter for DS1 relating to transfer from statement to EHCP, the LA solicitors say that anxiety is a health issue not an education one and will be moved from part 3 to the health section of the ECPH.
DS1 is currently out of school but his statement says ASD specific counselling either from school based counsellor or CAMHS. Solicitors say he has to be in school to benefit from school counsellor and that LA can't refer to CAMHS, effect their criteria, waiting lists etc and so anxiety is nothing to do with them. They have said they will out of the goodness of their hearts assist parents following the NHS referral route, whatever that means - probably fill in a CAF!
Does this mean that, regardless of the JR forcing them to actually do the transfer, they can then issue a Plan that I can only appeal at SENDIST Tribunal?
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Is ASD anxiety a medical or educational need?
20 replies
KOKOagainandagain · 05/05/2016 09:06
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