To think this is Kafkaesque? EHCP

[weararedtshirt]

My DC was born with brain damage, learning disabilities, other medical needs. I've also posted this on the SEN board.

He was in mainstream, and I wanted him to stay in mainstream, but everyone else said he needed special. I suggested several specials, but one was chosen and named that I hadn't suggested, and is for children with conditions he doesn't have.

A new EHCP was issued before the end of term in the summer, without a full review, only changing I for September- I said the school was unsuitable, but the LA overrode me. The school now agree they can't meet need(a few weeks in) and want to call an emergency review.

The LA insisted at the last ehcp meeting that I appeal the EHCP- literally insisted. Told me it wouldn't cost me anything. I said it would cost me time!

The LA say now that as there is a 'live appeal', they cannot do an emergency EHCP review, and there's nothing they can do. Tribunal isn't until next Summer, with annual review due after that date.

Is this true? That an emergency review cannot take place while an appeal is ongoing?

They've said if I withdraw the appeal, then they will review... But won't guarantee a change of school.

NB. Both school and I agree it's the wrong setting.

I would not believe this was possible unless I was going through it. AIBU to think this is wild- to tell a parent to appeal, even though they don't want to, then tell them to drop it?

I don’t disagree. Have the LEA referred you to exactly where it says in law/ guidance that you can’t review in the meantime?

If they are correct, I wonder if what might be best is withdraw the appeal, call an emergency review and then if they don’t change it appeal that decision? Surely the likelihood is that they will change the school at the review in these circumstances?

Oh but do get it in writing that if you withdraw the appeal now you’re not forfeiting your right to appeal in the future.

Have you been offered mediation?

If he’s already in a a special school and they agree they cannot meet his needs, I would think they’ll be doing everything they can to push for a change of provision.

We have a tribunal date in April and we've just had (another) emergency annual review, and school have stated (again) they cannot meet need. Get the LA to put in writing they cannot hold an annual review whilst an appeal is in place and to identify where this is stated in law. Good luck, it is an awful system to navigate.

Or you could ring the tribunal helpline 0300 303 5857 I've always found them to be really helpful.

Don't believe a word the LA tell you. They are protecting their own interests. Can't school call an emergency review? I think they just need new evidence, presumably they have if they can't meet need?

https://www.ipsea.org.uk/faqs/the-annual-review-is-due-but-were-involved-in-an-ongoing-appeal-to-the-send-tribunal-about-the-ehc-plan-how-does-this-affect-the-process

The annual review must take place within 12 months of the last review, or of the date the EHC plan was first issued. This is not affected by an ongoing appeal. As such, the annual review needs to take place.

The annual review could be an opportunity to try and resolve some of the issues in dispute.

If your LA issues a new amended EHC plan after the annual review, this new EHC plan is valid and enforceable and replaces the plan that has been appealed. If there are still parts of the EHC plan you are unhappy with, you can ask the Tribunal to treat the new EHC plan as a working document in the current appeal, rather than registering a new appeal. The SEND Tribunal may decide that you should submit a new appeal and ask for the appeals to be consolidated (joined together), so be careful not to miss your deadline for obtaining a mediation certificate and appealing.
Please see our information on working documents for more information.

Sounds like they're misinterpreting the Law to me because you're appealing against the Annual Review decision.

This isn't annual review, it's an emergency early review though.

There is new evidence, yes.

We were offered mediation, but I declined- you can't meditate with an organisation that lies routinely.

Worst outcome is that I withdraw appeal, they review, and change nothing, though. Which I suspect they'll do. Then our appeal would be autumn next year.

I really wouldn't withdraw the appeal. Book a free call with IPSEA, you have to keep checking on their website but they do come up.

My son's EHCP was finalised September 23, school called an emergency review Feb 24 and stated they could not meet need, named anyway May 24. We appealed. The LA called another emergency review October 24.

I've used annual review instead of emergency review, our timeline demonstrates that you can review the plan many times and during the appeal process.

Thank you.

I don't understand why there's no penalty to the local authority for telling outright porkies.

I know. It's really tough. Unbelievable unless you've lived it!

You were appealing against the decision to name an unsuitable school, though, before this early review process was suggested (and refused) - the early review would then need to be treated as a working document, meaning that it doesn't need to be stopped or that the original appeal has to be withdrawn.

So they're wrong probably intentionally.

Anywhere but the type of special named currently! It's for conditions DS doesn't have, and not for the learning disability he does.

Don't withdraw the appeal. There is no such thing as an 'emergency review' in SEN law, it is just a phrase that is thrown around to indicate when parties don't want to wait (for whatever reason) the full 12 months available to them to hold the annual review. If you and the school are in agreement to hold a review then just have them proceed with it. It won't result in an Amended EHCP because you are in a live appeal but the reports produced can be used to form the Working Document. If the LA haven't started a WD already then you can do that after the review.

DO NOT WITHDRAW YOUR APPEAL.

Our council are currently using the fact we withdrew and went back to panel as reason not to concede in their illegal practices and trying to say we were happy with everything because we didn't appeal.

Wow, I'm sorry this is happening to you.

We went to tribunal for a case the LA could not and would not win. They told lie after lie, submitted a photocopy of a handwritten comment from an annual review 4 years earlier as their “evidence” . They failed to comply with any of the deadlines. They sent an advocate to talk to our son who has severe learning disabilities and is non verbal then buried the report which I found in their documents obtained through gdpr. We spent £30k in legal fees and professional reports. The most stressful and frustrating time of my life. They lost out big time though and it ended up costing them a lot. They lie and do things unlawfully but get away with it time and time again.

All our local other schools say they can't meet need. But that's because the ehcp doesn't contain the diagnoses at all (it doesn't mention learning disability, for example- ikr?) and they have to say that because they're full. I don't move if they need to look further afield, as long as they don't dick around about transport.

I don't mind which school, as long as it's suitable, i.e. for learning disabilities, and transport is provided.

It's just shocking.

I've found even local councillors don't understand how awful the system is.

I couldn’t believe it when I got the bundle. We had submitted 300 pages. I was curious as to exactly what “evidence” they had as we’d had no contact, they hadn’t sent anyone to see us or our son. I was gobsmacked . It was a note that said “mum would like ……… to live in an annexe on the side of their house” the note was from 2015, the tribunal 2019 🙄. So I knew they’d concede before further evidence but our solicitors bills just kept coming. I was too scared to even question what they were doing because it cost me just to send an email !