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Annual review question following emergency AR - special school placement failing
Hi I’m wondering if anyone can help - we recently had an emergency AR for our 12 yr old dd who is too anxious to attend her SS (ASD with PDA profile). The paperwork we’ve received so far has been from school- a copy of the ehcp with amendments discussed and an AR form - no report. There is some wording in the ehcp amendments that we didn’t discuss and don’t agree with. How can we tackle this? Also I’m getting no reply to emails to the LA and have had nothing from them at all - we are now way past the 4 week deadline.
Do you have a caseworker at the LEA you can ring? Or speak to the school? This organisation may be able to offer advice https://www.ipsea.org.uk/ I hope you get some resolution soon, this must be very difficult for you all
Thanks Panda - trying to book a call back with Ipsea but it looks booked up all the time - will keep trying. caseworker at LA isn't responding to emails and I've had bad experiences with ringing as there's no record of the conversation and things agreed then don't get done.
Thanks Claw - been looking at that a lot and it is helpful - still unsure on certain points such as what to do when that procedure isn't followed and how to disagree with the amendments added by school we didn't discuss and don't agree with
The LA is supposed to issue a response within four weeks of the AR saying whether they are going to amend the EHCP or not. If they aren't, they must give you notice of your right of appeal, when you can if you want to challenge the entire EHCP.
If they are going to amend, they must issue a draft without delay, and must then finalise it within eight weeks of the date they sent the draft. Unless and until a draft is finalised, the current EHCP remains in place.
As they're past the four week deadline, I'd suggest you write pointing out that it is statutory. Set a deadline a few days ahead, and say that if you don't hear from them by that time you'll be taking judicial review proceedings. If that doesn't work, you'll need a pre-action letter from a solicitor specialising in education law, or from SOS SEN. SOS SEN are a lot cheaper.