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Annual review question following emergency AR - special school placement failing

(14 Posts)
windowdrawing Mon 12-Nov-18 07:33:49

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.

Pandasarecute Mon 12-Nov-18 07:40:30

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

windowdrawing Mon 12-Nov-18 08:15:47

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.

Pandasarecute Tue 13-Nov-18 20:58:04

Is there a parent liaison officer at school who you cajoled talk things through with? I teach in a SS and we have someone whose role is to support parents. Good luck, this must be so difficult for you

windowdrawing Wed 14-Nov-18 07:19:15

Thanks Pandas I will see

Claw001 Thu 15-Nov-18 10:18:52

www.ipsea.org.uk/the-annual-review-process

This might helpful

windowdrawing Thu 15-Nov-18 13:34:31

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

Claw001 Thu 15-Nov-18 20:44:29

Are you sure amendments were made by school and not LA? Schools cannot write anything in an EHCP, do you mean based on paperwork school provided?

Is it an amended EHCP you’ve received?

windowdrawing Sun 18-Nov-18 08:31:15

It’s a copy of the ehcp with suggested amendments school have done and highlighted in yellow. We assume the same has been sent to the LA but just can’t get a response from them

Pandasarecute Thu 22-Nov-18 21:48:43

You are legally entitled to ask the school to call a review and tell them you want the LA there. At this you could put forward your suggestions for the EHCP and try to find a way forward

Miscible Sun 25-Nov-18 08:42:11

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.

Allthewaves Mon 26-Nov-18 21:20:50

Try NAS. I found them very good

Claw001 Tue 27-Nov-18 08:25:03

www.ipsea.org.uk/Handlers/Download.ashx?IDMF=016c3cd6-bf00-4b47-8049-867413a0750d

Complaint letter

windowdrawing Fri 30-Nov-18 06:32:56

Thanks everyone for all the helpful advice. I have now received the late EHCP from the LA. Looks like appeal next

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