Really need some advice re awful LA behaviour and EHCP delays

Sorry I missed this. Yes the PAP letter is normally enough. JR proceedings are often covered by legal aid as it would be in the child's name. So if the letter didn't work your next step would be to check legal aid eligibility.

In that case go straight to JR. SOS!SEN are overwhelmed with cases where parents have already been to tribunal and section F is watertight but not being delivered or in the case of my son have a watertight EHCP but are out of school.

Ive used Simpson Millar before and would recommend them. Don’t delay. You don’t have time to.

Just regarding the right to appeal, it may be worth ringing the tribunal helpline and discussing with them. They recently agreed to consider an appeal for my childs EHCP annual review despite no decision because the LA repeatedly refused to issue a decision. They said they would put it in front of the judge to decide whether I could proceed with an appeal regardless. My circumstances were different and I had been through the LA complaints process but it could be worth checking with them.

Well obviously first off the LA need to finalise to allow right to appeal. If you’ve not even got to that stage they know which way the wind is blowing and I suspect they are opposed to named placement. You just have to bite the bullet and go to JR if you think the placement is key. Letter before action is usually sufficient. Not finalising is an easy win. Time is of the essence. I suspect they want to delay until school placement before the start of GCSE is not possible or the school that will take him is full.

Personally would not trust any LA report to be adequately specified and quantified. You might find they finalise but don’t agree placement and force you to tribunal knowing it is too late for GCSE and then offer a bespoke package.

DS2 had a bespoke package for internet school and tutors but went to 6th form and is now at uni. DS1 was placed in specialist school following tribunal and it failed. We then did JR for tutors and therapists (SALT, OT plus he had weekly community psychiatric visits from youth workers) but is now housebound.

I would say the key is early intervention but is always mediated by level of anxiety the longer intervention is delayed. The LA always argued that DS1 was too anxious to benefit (therefore it was not cost effective). I believed late diagnosis led to his level of anxiety. And that his anxiety would reduce in the right setting. But in reality it was too late. We were both right. Still their fault and DS1 and I as carer have to live with the consequences.

Both sons are autistic but have very different profiles. But I actively eschewed the route I had taken with DS1 when it came to DS2 (although this may have influenced LA reaction to me). When mainstream state failed I did not want indi specialist or indi m/s. I wanted to keep his mental health intact and for him to learn at his speed even if this meant sitting maths GCSE at 14 and getting A* but having tutors for English to pass his GCSE at 16.

What does your son want?

I forgot - I’m disabled and a LA solicitor told me, the LGO would have to extend its deadlines as a reasonable adjustment. He considered there might well be no limit?

The LGO has 12 month rule (sometimes extended) so you shouldn’t wait until after tribunal to complain

i have just looked at recent LGO decisions, and awards for lost education aren’t bad - it’s just a question if you have the energy for it, after the tribunal?

Send your complaint on to Ofsted they inspect SEND services - they don’t investigate complaints directly for parents but will take your information for the next inspection of the service and use it to focus on areas of concern. They might also make contact with the LA about it, without contact with you or letting you know they are doing this and will also be wondering how many other parents are this LA doing this to? CC in the director of children’s services and title email ‘concern to Ofsted LA denying my right to lawful appeal by not issuing a plan’. That will get their attention - you might not get a direct response but worth a shot seeing if things suddenly move forward before you pay out for the lawyers.

When I’ve looked at past LGO decisions, amounts awarded to children/parents for lost education have been pathetic imo.

So we just don’t provide education for those kids who need it? Let them become adults who aren’t supported or educated AND remove their disability payments because we think they should be out working?

Yes, i'm just conscious of the LA giving an excuse/ playing games. Op it's worth going through all in the info that you'll get following the pap letter (the letter should ask for all info related a bit like a sar) to see if there is anything else missing or anything that may be useful in tribunal if needed.

As it costs nothing try appealing without the final plan and ask the tribunal to waive this requirement - They may do so based on the panel decision I have seen them waive requirements before and nothing is lost if tribunal says no. The tribunal will be concerned about the child being out of education and not being able to hear the case before sept if more delay. So it may let you file the appeal in which case then ask for it to be expedited.

be very careful how you word a pap so you don’t lose the right to go to ombudsman for past loss education. You can’t use two routes for the same loss. You can pap for no s19 education now but don’t ask the court to consider the last year or you will forfeit the ability to get a payment for that period via the ombudsman later.

locally paps are being ignored it’s a total s**tshow. I don’t think normal exists in Sen teams anymore.

Only the council or tribunal can name the school you want - the LA will be hoping to find a cheaper place by the time an appeal is heard so I would try and persuade the tribunal to register the appeal based on what you do have.

In addition to @Perzival’s list of things OT can cover, it can also help with things like emotional regulation, MH difficulties, PfA.

The OP’s situation is ongoing so the normal time limit for JR isn’t so relevant as the breach is ongoing.

Sorry just seen your reply re wording.

@StrivingForSleep possibly Parents in need, I honestly can't remember but do know sossen have referred/ recommended a charity that can help with the cost of inde reports in the past.

I find it unusual that section f would be issued watertight on first attempt. It is very unusual. I've never come across it.

The other thing with an OT report is that it may highlight needs and required provision that haven't been included. If your ds struggles with anything such as handwriting, stamina, sleep, walking, joints, taking a long time to learn tasks (lots of practice required) as well as sensory. It would be worth and reasonable to request. Other professionals shouldn't be detailing needs/provision out of their remit and the LA have a statutory duty to detail all sen in section b with provision in f. You can argue that without the assessment (if reasonable to request) they have failed this duty.

OP please be mindful of the time limit for jr.

That’s fine, just thought I would mention. I would still look at OT.

You can, but my education solicitor, who had previously a franchise for legal aid in education and did some early Paps for me, when DD1 was young, but lost it, when legal aid was “reformed”, always used to say to me:

”Leave it! You’ve got what you wanted!”

Unfortunately, whether we like it or not, parents are likely to have a long term relationship with their LA, and it’s better to be regarded as “reasonable”. There is also a question of how much stress can you take - you might find by the time, your solicitor has threatened JR; and you’ve been through a tribunal to get the EHCP, you feel exhausted? You just want a rest! It can be best to regroup and save your energy for DC.

I went to tribunal 4 x, and threatened JR about 7 x, although some of those JRs were about social care. My solicitor told me “They regard you as reasonable, but no pushover!”

OT is about far more than sensory needs. Personally, I would look at an independent OT report. I would also double check the wording in F because LAs rarely issue a watertight draft initially and it isn’t uncommon for parents to not realise the wording is unenforceable until they need to try to enforce it.

OP, what are the other reports like? OT, SALT, etc.

Just so you are aware, the LA may name a non-wholly independent school even if the school objects and force you to appeal. No, not right, but it is not uncommon for LAs to do that.

@Burntt you don’t need money for JR proceedings themselves. JR proceedings themselves would be in DS’s name, so he can be eligible for legal aid in his own right. This wouldn’t cover the pre-action letter, but if you aren’t eligible for legal aid and can’t afford one elsewhere, SOSSEN offers them free of charge. Yes, there is a wait, but it is better than doing nothing.

@Perzival are you thinking of Parents in Need?

Yes similar experience. They don’t want to Gina lose because once they do you can go to tribunal. It was a year wait for tribunal for me and the LA following this have just turned around and said it’s too expensive they won’t be providing half the plan. My son has had no school place for 3 years now and I do t have the money for JR. I e even seen one mum ranting that she did JR and the LA still won’t provide her child with an education.

i really don’t know what the solution is. It’s terrifying. I’m not paying off my mortgage or into a pension, I will be condemned to poverty in my old age. I’m judged now for not working despite not choosing this life for myself or my family. Then my son will be an adult and if he’s able to live independently what are his prospects with no education? He will be blamed for that too and face judgement his whole life no doubt from those who haven’t had to navigate the SEN system.

the advice should be formal complaint all the way to the end get the plan finalised and then tribunal if they still won’t provide it. Buckle in for a long fight and lots of stress and just prey the LA come around

Which LA is it @blackgreenandgrey ? PM me if you’d rather not say. Lots of pupils at DS’ school travel from throughout the NW.