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Original poster

Really need some advice re awful LA behaviour and EHCP delays

57 replies

blackgreenandgrey · 24/04/2025 21:53

posting here for traffic and could do with some wise words re next steps:

  • child has complex needs. mainstream placement broke down last autumn, since then not in school as mainstream won't allow them in as they cannot meet need.
  • did parental EHCP request and that sailed through initially. We had a very detailed EP report making a clear case for a specialist setting (class sizes of max 5 etc) and LA agreed to issue. Plan due in Feb.
  • multiple schools were consulted, all specialist settings. Only one said they can meet need. It's an independent setting and £££.
  • case went to panel and it was decided that the placement is an 'efficient use of public resources' or word to that effect. Plan not finalised, and no alternatives offered and impossible to get hold of anyone in the LA. Emails ignored, phone calls not returned.
  • Sent IPSEA template email about failure to finalise and threat of JR to all people with power in the EHCP team, to the directors of education and children's services and gave them a week to respond and to finalise. I also contacted my MP and the local councillor for education.

Not a single response, not even an acknowledgement of my email. Of course, no final plan either.

Anyone dealt with someone like that? I am so fed up by these people in the LA who think they are above the law. I am so worn down by it all. It's hugely stressful having a child excluded for education for so long. The EHCP is almost 3 months overdue and nobody cares. Anyone been in a similar situation. Is there anything else we can try or do we really need the solicitors for a JR (Sossen have a wait and we are on a tight time line with only very few places left in the school who offered us a place so would probably have to fund it for speed). If anyone has any other ideas please hit me. I will not go to the press or so before anyone suggests that. Not for me, nor for my child.

OP posts:
Original poster
blackgreenandgrey · 25/04/2025 11:23

Vinvertebrate · 25/04/2025 11:09

I didn't instruct a solicitor. (I am a solicitor, albeit with no experience in this field, but I’m not sure whether that made a difference).

We went through the formal complaints process (stage 1) to get our on-permanent-sick-leave, utterly useless case officer removed from DS’ EHCP after delaying finalising the EHCP to an almost comedic extent. I made sure everything was in writing (“this is the 17th time I have asked for an update since x date” etc). I then emailed the director of children’s services to ask whether she was aware of how much SEN children were suffering under her stewardship as a direct result of her incompetent staff. I got a shirty reply from her PA, but it resulted in a shit-hot case officer being assigned to DS. She emailed to introduce herself and I politely replied asking for a prompt decision on the named school so that we could move forward, explaining that I would no doubt meet her in person at the Tribunal. They agreed the provision without any further messing about. 🤷🏻‍♀️

So in my case, losing my rag and getting a decent case officer solved the problem although I realise that’s an unusual outcome. We’re in Wirral if it helps.

Show quote history

I already contacted the director of education and director of children's services with an emailing detailing where they failed in their statutory duty and threat of JR. Nobody bothered to even acknowledge this.

OP posts:
Original poster
blackgreenandgrey · 25/04/2025 11:11

Perzival · 25/04/2025 10:18

Follow strivingforsheep's advice. There is a strict timescale for judicial review so of you're going to get a pap letter you need to get on it sooner rather than later. Sossen can write pap letters but there is usually a waiting list but they may also be able to point you in the right direction for a solicitor that could write one.

We had to issue a pap letter when section f wasn't followed and the la had used multiple excuses to delay. It does usually work. If it doesn't and you end up in the unlikely situation of moving forward with jr, it's usually done in the child's name with legal aid so the only cost to you is the pre action protocol letter.

Phone sossen asap for some advice. Ipsea also have an advice line but it can be really hard to get through.

I think you'll have to start as you mean to go on from now on and force them to do everything correctly via legal means (timescales, wording etc). You'll get there, it's just a long slog.

While I'm thinking....

Your child shouldn't be left without an education, the LA has a statutory obligation to provide something even if it's a tutor at your house (full time doesny equate to full time school hours). You may also have to goto tribunal when the ehcp is eventually finalised. You'll likely need inde reports, ask sossen about the charity that can help fund these if money is tight (I can't remember it's name).

Also have a think If there is a school where you think can meet need, why and if they have places and if they feel they can meet need. This is so you can look at what needs to go insection f so that another school can't be shown to meet need too at tribunal. It's best to be thinking about this in advance.

We won't need indy reports. We have an incredibly detailed EP report from the LA EP making a very clear case. Small class sizes (max 5 students), very specific on the setting, staffing, training/qualification of staff and interventions needed (how often, by whom etc). It's very specific and all of it is reflected in the EHCP. Is really well written. There is absolutely not wiggle room. Hence I don't understand why they aren't giving us the only setting that can meet need.

Apart from the indy offer, all other schools said they cannot meet need (even special schools). There is absolutely nothing else unless we look at schools 30+ miles away. The school we want is walking distance to our house. They would not even have to fund transport and would save a lot of money there .

OP posts:
Vinvertebrate · 25/04/2025 11:09

blackgreenandgrey · 24/04/2025 22:47

Can I ask how you got the final plan? Did you have to do a PAP letter or even JR? In the NW too...

Show quote history

I didn't instruct a solicitor. (I am a solicitor, albeit with no experience in this field, but I’m not sure whether that made a difference).

We went through the formal complaints process (stage 1) to get our on-permanent-sick-leave, utterly useless case officer removed from DS’ EHCP after delaying finalising the EHCP to an almost comedic extent. I made sure everything was in writing (“this is the 17th time I have asked for an update since x date” etc). I then emailed the director of children’s services to ask whether she was aware of how much SEN children were suffering under her stewardship as a direct result of her incompetent staff. I got a shirty reply from her PA, but it resulted in a shit-hot case officer being assigned to DS. She emailed to introduce herself and I politely replied asking for a prompt decision on the named school so that we could move forward, explaining that I would no doubt meet her in person at the Tribunal. They agreed the provision without any further messing about. 🤷🏻‍♀️

So in my case, losing my rag and getting a decent case officer solved the problem although I realise that’s an unusual outcome. We’re in Wirral if it helps.

Perzival · 25/04/2025 10:18

Follow strivingforsheep's advice. There is a strict timescale for judicial review so of you're going to get a pap letter you need to get on it sooner rather than later. Sossen can write pap letters but there is usually a waiting list but they may also be able to point you in the right direction for a solicitor that could write one.

We had to issue a pap letter when section f wasn't followed and the la had used multiple excuses to delay. It does usually work. If it doesn't and you end up in the unlikely situation of moving forward with jr, it's usually done in the child's name with legal aid so the only cost to you is the pre action protocol letter.

Phone sossen asap for some advice. Ipsea also have an advice line but it can be really hard to get through.

I think you'll have to start as you mean to go on from now on and force them to do everything correctly via legal means (timescales, wording etc). You'll get there, it's just a long slog.

While I'm thinking....

Your child shouldn't be left without an education, the LA has a statutory obligation to provide something even if it's a tutor at your house (full time doesny equate to full time school hours). You may also have to goto tribunal when the ehcp is eventually finalised. You'll likely need inde reports, ask sossen about the charity that can help fund these if money is tight (I can't remember it's name).

Also have a think If there is a school where you think can meet need, why and if they have places and if they feel they can meet need. This is so you can look at what needs to go insection f so that another school can't be shown to meet need too at tribunal. It's best to be thinking about this in advance.

Original poster
blackgreenandgrey · 25/04/2025 10:15

BlueandWhitePorcelain · 25/04/2025 09:34

OP - a PAP worked for us, when the LA refused to make a decision on a specialist FE college placement for DD1. We didn’t have to go to JR. We used Simpson Millar for that one, although I’ve also used Irwin Mitchell (community care) and Sinclairs for PAPs. I was perfectly happy with all three of them.

I have never made a formal complaint before a PAP. I did make a formal complaint and complaint to the LGO last year on another matter, not education. It takes too long for the situation DC is in, OP!

We also found our true blue MP was useless, so don’t hold your breath there, either OP!

Thanks, good to know that the PAP might just do the trick. it's bonkers

Do you know if you can make a complaint to the ombudsman afters it has (hopefully) been sorted about the unlawful delays and the stress caused, lack of education, loss of earnings (I had to reduce my hours due to the situation)...?

OP posts:
BlueandWhitePorcelain · 25/04/2025 09:34

OP - a PAP worked for us, when the LA refused to make a decision on a specialist FE college placement for DD1. We didn’t have to go to JR. We used Simpson Millar for that one, although I’ve also used Irwin Mitchell (community care) and Sinclairs for PAPs. I was perfectly happy with all three of them.

I have never made a formal complaint before a PAP. I did make a formal complaint and complaint to the LGO last year on another matter, not education. It takes too long for the situation DC is in, OP!

We also found our true blue MP was useless, so don’t hold your breath there, either OP!

StrivingForSleep · 25/04/2025 09:20

In the majority of cases, the pre-action letter works.

@HumaneMouseTrap if the LA is in breach of the Order, you can enforce it. Have you threatened JR, sent a pre-action letter, then pursued JR proceedings?

Frowningprovidence · 25/04/2025 08:36

I understand you want to focus on the ehcp, but trying to push the LA to put education in place now might move stuff foreard anyway (pru is full - do they not have an online school, tutors, other alternative provisions like farms you can do for an afternoon)

I am very sorry you are experiencing this mess they put our children through.

Original poster
blackgreenandgrey · 25/04/2025 08:27

@FancyNewt Does a PAP letter issue by a solicitor usually sort it or do parents need to go down the route of the actual JR on top? Just trying to figure out what lies ahead.

OP posts:
FancyNewt · 25/04/2025 06:59

You need to issue a PAP letter re the failure to issue an EHCP within 20 weeks of the process starting and the LA's failure to provide a suitable and full time alternative education to a child of compulsory school age who is unable to attend school (s.19 Education Act (1996)).

You don't have to have made a formal complaint first , but it is advisable to do so. Make sure you tell them a PAP letter in advance of JR proceedings will be the next step.

Getting your MP involved can also help.

I work in this area.

HumaneMouseTrap · 25/04/2025 06:57

I hate to be a downer, but EHCP's dont mean your child actually gets any education. The law is completely toothless. We've been through tribunal and won and the LA is in breach, but still nothing. They delay because it ultimately saves them money.
In your case, you are limited in options as the plan has not been finalised. Go to your MP, keep all notes, write a timeline and be prepared to fight.

Original poster
blackgreenandgrey · 25/04/2025 06:52

tha @Needlenardlenoo

OP posts:
Needlenardlenoo · 25/04/2025 06:49

I'll send a link to the support thread.

Original poster
blackgreenandgrey · 25/04/2025 06:40

LakieLady · 24/04/2025 22:19

Make a formal complaint and if things aren't resolved, take it all the way to the local government ombudsman. Get your local councillor and MP involved.

I do feel for the people trying to manage education budgets though. A former colleague who worked in education finance said years ago that if special education needs increased at the rate it was going, it would take the entire education budget to fund the specified provision. Over a decades of real-terms cuts has got us to this position.

My LEA has a shortfall of £55m between identified special education needs and available funding.

And we pay the 4th highest council tax in the UK.

I get it's expensive. I would have been more than happy with the LA maintained alternative but they won't give us a place there either (school saying DC's needs are too complex and that they are full).

OP posts:
Original poster
blackgreenandgrey · 24/04/2025 22:47

Vinvertebrate · 24/04/2025 22:45

We’re in the NW and this is pretty much exactly what our LA did. The good news is that DS is finally in the £££ independent at the LA’s cost, and thriving.

I could quite happily have pushed the entire SEND team off a cliff at one point. It was a real edge-of-sanity experience.

Can I ask how you got the final plan? Did you have to do a PAP letter or even JR? In the NW too...

OP posts:
Original poster
blackgreenandgrey · 24/04/2025 22:45

ThisCalmRedMember · 24/04/2025 22:34

Just take it to the first tier tribunal… 95% of the time they decide for the appellant, no cost and you can represent yourself, have a read about it - send tribunal

There is no final plan, just a draft. You can only appeal a final plan and the LA are refusing to produce one.

OP posts:
Vinvertebrate · 24/04/2025 22:45

We’re in the NW and this is pretty much exactly what our LA did. The good news is that DS is finally in the £££ independent at the LA’s cost, and thriving.

I could quite happily have pushed the entire SEND team off a cliff at one point. It was a real edge-of-sanity experience.

stripeychair · 24/04/2025 22:44

ThisCalmRedMember · 24/04/2025 22:34

Just take it to the first tier tribunal… 95% of the time they decide for the appellant, no cost and you can represent yourself, have a read about it - send tribunal

She can't, the EHCP is not finalised and that's what needs to happen in order to trigger the right of appeal. The LA are essentially withholding the parental appeal rights.

OP, as others have said it is time for a pre-action letter. If cost is an issue then the only other alternative is a complaint to the LGSCO (Local Government Ombudsman) which will be free but they will only pick up the case after you have made a formal so you'd need to do that first.

StrivingForSleep · 24/04/2025 22:43

The OP doesn’t yet have the right of appeal.

ThisCalmRedMember · 24/04/2025 22:34

Just take it to the first tier tribunal… 95% of the time they decide for the appellant, no cost and you can represent yourself, have a read about it - send tribunal

Original poster
blackgreenandgrey · 24/04/2025 22:29

@StrivingForSleep I requested education as he isn't in school but this got ignored too. They do as they like. I am more concerned though about getting the EHCP over the finishing line. Good to know though that we can include lack of education in the PAP letter. I will start some phone calls tomorrow regarding legal firms. Definitely do not want to go down the complaints route due to time constraints. I need them to finalise.

OP posts:
StrivingForSleep · 24/04/2025 22:24

Section 41 independents can be named even if they object, so the school couldn’t withdraw the offer like wholly independent schools can because the LA (or Tribunal) could name the s41 school even if they object.

Separate to the EHCP process, if DS can’t attend school, the LA has a duty to ensure DS still receives a suitable full time education. Have you requested alternative provision from the LA? If so and the LA has refused/ignored you, a pre-action letter can cover this too.

Complaining to the LA then going to the LGO takes too long.

LakieLady · 24/04/2025 22:19

Make a formal complaint and if things aren't resolved, take it all the way to the local government ombudsman. Get your local councillor and MP involved.

I do feel for the people trying to manage education budgets though. A former colleague who worked in education finance said years ago that if special education needs increased at the rate it was going, it would take the entire education budget to fund the specified provision. Over a decades of real-terms cuts has got us to this position.

My LEA has a shortfall of £55m between identified special education needs and available funding.

And we pay the 4th highest council tax in the UK.