Blanket Policies are they legal?

(8 Posts)
cansu Wed 07-Dec-16 07:10:25

Recently discovered that LA have decided to recall all Year 11 children from specialist out of county placements. These children would normally continue into sixth form provision if their placements. This is not after any assessment of need it is just a blanket policy. Is this even legal? Is looking like I am back to tribunal wrangling again unfortunately.

OP’s posts: |
WouldHave Wed 07-Dec-16 08:25:30

Definitely not legal. They should consider each child's individual needs. Is it a written policy? It could be well worth going to specialist solicitors, as unlawful blanket policies can be challenged by judicial review rather than individual tribunal appeals, and you should get legal aid in your child's name.

cansu Wed 07-Dec-16 16:43:14

Interesting, thanks. Have contacted Ipsea to get their take on it. Is my ds entitled to legal aid if I can get a solicitor to take it then? I won't be able to afford solicitors otherwise.

OP’s posts: |
cansu Wed 07-Dec-16 16:45:14

on the written side I have a copy of a letter where the LA inform the school that all the Year 11's will no longer be funded there. No new assessments of needs have been done at all nor have any parents been informed by LA. I only know because another parent was hit with the news at their annual review.

OP’s posts: |
WouldHave Wed 07-Dec-16 16:54:38

If you have to take court proceedings your daughter would be entitled to legal aid. However, there would have to be a pre-action letter which wouldn't be covered by legal aid unless you also qualify for it. I believe SOS SEN are prepared to do pre-action letters if necessary.

tartanterror Wed 07-Dec-16 20:46:20

Only a few SEN solicitors can take on Legal Aid cases. Coram might be one? Sorry can't remember the others but I imagine google will help

youarenotkiddingme Wed 07-Dec-16 20:58:16

Can you do a FOI request for the information?

But no they can't do it. I know another La trying it (starts with P) and it's twattish and fucking disgraceful IMO.

WouldHave Thu 08-Dec-16 08:18:44

Simpson Millar or Irwin Mitchell are better bets than Coram.

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