EHCP EMERGENCY REVIEW

[SENDChaos]

My LA have requested an emergency review of my sons EHCP as they want to do a change of placement due to unmet needs.

My son is currently at home because the school is not a safe setting for him. Not only have they not been carrying out Section F but he was able to self harm, in class, his desk in front of the class teacher so I have requested the meeting be held over zoom.

Our meeting is supposed to be happening in 2 days time and I’ve found out today that the school are refusing for us to do it over Zoom and want to reschedule it.

I have point blank refused to attend in person due to the bullying and abuse I myself have received from this school but I’m being dismissed and being told me not feeling safe to attend in person is irrelevant.

can anyone advise what my legal rights are or has anyone else been through this theirselves?

In your situation I would say you must have the meeting over zoom because you can't leave your son to come to the meeting and his anxiety means he won't go into school with you for it.

I would absolutely NOT say they are bullying you.

I believe you. I believe they are probably gaslighting you and all other things schools do. But if you say bullying you, they will put you in a category that says ' anxious mum's, ' nuts'.

It is so wrong but you have to play the game with these people. Don't say they're bullying you anymore. Use the reason I gave you as to why it must be over zoom.

There are SEN lawyers that offer a free 30 minute consultation. Could you try them. I did this. It was helpful. I wrote to the school and dropped in the fact I had sought legal advice about a particular issue. They will sometimes take note then.

When you are saying they are bullying you - they will just say you're an anxious over worrying mum so you have to stop saying that immediately. ❤️

Hugs. It's shit out there with education for ND kids.

I have physical proof that they are bullying and harassing me.

I absolutely believe you. I don't doubt for one moment they are treating you terribly.

But - you are up against a system that is not possible to beat. So we all have to play it a certain way. No one is going to take notice of a mum saying the school is bullying them and you have to do whatever you can to progress this.

Try get a free consultation when a SEN lawyer. Use a reason to do it by zoom that they can't argue with. They will never admit to bullying you. They will say you are the problem. Most people will believe them.

I believe you. To get what you need - a meeting - use another reason to do zoom. You can say you can't leave your son, you can say anything that means they have to accommodate you. Saying bullying means you are only delaying getting anywhere with them.

My main refusal for an in person meeting was because of my boy being off school and not having childcare.

Also just to add, this school is already in the national media for their abuse of over 300 pupils and staff, also for refusing to provide details for those needing to escalate complaints

I have to make this my last reply because I see that my advice isn't helping and I might not fully understand how to make them do what you need.

I believe you that they're going very low on their dealings. I have zero doubt they are behaving appallingly. But where is it getting you with the current approach.

So look online and see if you can get a free 30 minutes booked in with SEN legal teams. I got alot from one I had and couldn't afford anything after that so it was enough at that time.

I would be as nice as I could to the school whilst being assertive. If you have a disability or are looking after a child with additional needs - there is your reason to do zoom. You physically cannot leave the house is what you tell them. They would be discriminating if they refuse to accommodate you.

You can't win in a bun fight with the educational system. They will always win so you have to try play the game to get what you need.

Hope you get somewhere with them soon 🙏

I’m actually pursuing action against them under The Equality Act for discrimination, refusal of reasonable adjustments, harassment and victimisation

When did they tell you they wanted a meeting? Does your child have any SALT / OT etc? I am pretty sure they have to give you 2 weeks notice to hold an annual review (so you can gain evidence). There is an IPSEA flowchart about AR that is absolutely amazing. Look at this Download.ashx (hopefully I've sent the correct link)

Try and ring IPSEA they have open telephone lines at particular times to call in they know the law. SOS SEN too but I've found IPSEA to be superior knowledge in the past.

Which LA are you with? only asking as there are some fantastic knowledgeable people on some facebook groups.

Make notes. Record all the meeting (you can buy one on amazon /argos and keep it recording in your bag). Type up the meeting. Do not go into school you have to make them do it over zoom for safeguarding.

Ideally you would want an advocate with you. I'd try to delay until you can find an advocate. You would ideally want someone fighting your corner so they cant talk crap (sendiass do go to AR but they are paid by the LA so not always impartial) as its so stressful.

Good luck

Well today has taken it all to a completely different level.

yesterday I called the school and asked for the Governors contact details to escalate my complaint but as normal, nothing back from there.

my EHCP coordinator then advised me to email the school for review meeting update and copy her in, even if they don’t respond.

Well I got a letter back stating I have not reported a complaint or concern, I am refusing my sons access to a education and I am now considered as a vexatious complainer so they won’t be providing any contact details for anyone!

"I have point blank refused to attend in person due to the bullying and abuse I myself have received from this school but I’m being dismissed and being told me not feeling safe to attend in person is irrelevant."

This is where you need to put your child first.

I am putting my child first! I suffer with severe depression and anxiety along with not having any childcare to attend a in person meeting.

under the Discrimination Act, it is a legal requirement to make reasonable adjustments, especially for a registered person with disabilities unless they have a legally standing reason to not be able to

What type of school is it classed as? Independent one or not?

You could do a SAR but extra effort and takes time.

Is the governors not listed on their website for the school? If there are so many people complaining about this school doesn’t another friends mum have the details? I think complaining sometimes takes extra effort and not always worth it mentally.

Think about your kid the school could through some Fii statements around and then it gets harder.

Try and get an advocate if the LA isn’t happy with the school it must be bad.

Also, email your MP and get a dr appointment as this is evidence

Good luck

Would an advocate help? You mentioned you are disabled - is there a National Organisation or Charity that represents people with your disability, who would be able to support you?