Help for Tribunal on ehc plan

[mumofsen]

hi
first time on here
i try to make this short,
got a phone call a week ago i think from sen,
saying my son was going to a very unsuitable school next year,
as they was no place left as the school what would be suitable,
then yesterday got is final ehc plan, and they have put this school
on is plan, i said no this school is unsuitable but did it anyway,
have put in appeal, but would like some advice please sould i go to
mediation or to tribunal.

Expert advice is you should appeal B&F as well as I, B&F will be written to support the school named in I.

If you appeal B&F as well you need to have a mediation certificate in order to submit an appeal to SENDIST, but you are only required to consider mediation, not actively partake in it. Just get the certificate, LAs often use mediation as a delaying tactic so don’t bother, if they are going to concede they will do so regardless of whether you go to mediation or just get the certificate. If you only appeal section I you don’t need a mediation certificate.

Unless your preference is wholly independent the LA must name it unless they can prove:

• The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

Full is not defined in law, and being full is not enough of a reason on its own to refuse to name your preference, the LA would need to prove the school is so full admitting DS is incompatible (unless the school is wholly independent, is it?). The bar is relatively high, higher than an “adverse effect”, “impact on” or “prejudicial to”.

hi thank you
some good information .
both school are under LA.
my son as profound learning disability ,and they are trying to sent him to a school set up for much more advance children, I.e reading, writing and have good understanding.
my son is none verbal and cant do any of this.
did not want to do mediation but did not want to look unreasonable.
as they are going to do what they like no matter what i say.

The requirement is only to consider mediation. You don't actually have to go through with it. Our solicitor advised us not to.

As PP above said too many LAs use it as a delaying tactic.

hi
as any one been to the tribunal.
did you win,

We appealed to the SEND Tribunal 3 times.

Each time the LA conceded before the hearing, as they didn't have a leg to stand on. The first time they submitted no evidence at all. The last time they had a barrister lined up to defend their so called case. The only "evidence" they had was 2 emails and one letter from other providers explaining why they couldn't meet needs.

A complete waste of taxpayers' money and so unnecessary.