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SEN

Here you'll find advice from parents and teachers on special needs education.

Statement to EHCP conversion

2 replies

philomena15 · 04/06/2017 17:13

Hi All,

My 6 year old son is in mainstream school with 1:1 ABA support. We went to tribunal before he start Reception class and got this support.
We moved to another LA after Reception class. His ABA support is continuing now.
Now, he is in the process of changing to EHCP.
We just had Initial transfer review meeting two weeks before.
We would get draft EHCP in 12 weeks.

My son's attendance is a problem because of lot of sick leave from tutor. I have only one tutor and the other one was constantly changing. So, school raised this as an issue and I am trying my best to find tutors now.
But, I just got a letter from LA that they are going to decrease ABA support and transfer him to school TA because of less attendance in school. The letter says that this decision is final and we could go tribunal with this.

I know only after final EHCP, they would ask to go for tribunal. But, is it right that LA is sending just a letter about this decision and ask us to go for tribunal without even negotiating?
Also, EHCP conversion has just started and the support is in place till I receive final EHCP. I don't know why LA send this letter suddenly.

Please help if any one faced this problem already.

OP posts:
Ceto · 11/06/2017 10:00

If the statement says your son must have ABA tuition and has not yet been converted, then by law the LA must continue to supply all the support set out in part 3. Write to them and point out that they have a duty to do this under section 324(5) Education Act 1996 and ask them to confirm immediately that tuition will be reinstated, failing which you will take action to enforce your son's rights by judicial review. If that doesn't work, contact SOS SEN about doing a formal pre-action letter.

philomena15 · 16/06/2017 11:04

Thank you for the reply. I will contact SOS SEN

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