Should i Complain?

[AlfieGeorge40]

Hi all, some advice would be great! We're in limboland at the minute. My son has an EHCP and is in year 6 at primary. We were asked by the LA to name 3 schools in order of preference, all 3 schools have responded to the consultation to say they cant meet his needs.

The LA offered us a special school place which we have refused as it is not the right setting for my son. It does not state anywhere in is plan that he needs specialist provision.

They have gone away to negotiate with the first choice school who are requesting more funding to take him.

I feel like i am stalking his case worker as am always emailing or phoning to chase up whats happening. She keeps saying she understands its an anxious time but to bear with her.

Considering they have gone way past the 15th Feb deadline, is it time to start formally complaining? i dont want to p*ss them off but now all of the other kids have been given confirmation of their secondary schools, my son is starting to worry.

Yes you should complain. They have breached SEND Regulation 18 when they should have issued the final EHCP naming your preferred school by 15th February. (There is no need for you to name three schools -this is just LA unlawful policy)

Adapt the model letter here to complain that the date has passed and you still do not have the final EHCP naming your preferred school and send it the Head of Children's Services in your LA.

www.ipsea.org.uk/annual-reviews-in-advance-of-a-transfer-between-phases-of-education

The best way to solve this is to appeal, but you can’t do that if the LA haven’t finalised, so you need to threaten Judicial Review as they are frustrating your right of appeal. Usually the mere threat works, if it doesn’t contact SOSSEN for help with a pre-action letter.


Unless wholly independent the LA can only refuse to name your preference if 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.

The bar is relatively high, far higher than The bar is high, higher than an “adverse effect”, “impact on” or “prejudicial to”. If the LA can’t prove one of the above they can, and must, name the school regardless of the school’s objections.

The LA cannot name specialist provision against your wishes unless they can prove mainstream is incompatible with the provision of efficient education for others and there are no reasonable ways to overcome the incompatibility.

Ellie it is definitely becoming more common for LAs to request parents name multiple preferences.

Thanks both very much

Do you think an email would help just to see if i can nudge them along....... something like this?

Hi

Having still not heard anything, I am just letting you know that I plan to submit a complaint to the LA, it is looking like I will be forced to take this to judicial review however, in the absence of the LA finalising the EHCP, you are frustrating my right of appeal.

If I have not heard anything by the end of the week, along with the formal complaint, I plan to issue a pre-action letter to the authority.

What do you think???
xxx

Personally I would send a more formal email. A mixture of personalising the IPSEA letter Ellie linked to and the SOSSEN letters here.

Thank you

Agree with Dory. You need to show them you are not putting up with any more crap and you mean business.

And make sure you send to the Head of Services.

@Ellie56

Agree with Dory. You need to show them you are not putting up with any more crap and you mean business.

And make sure you send to the Head of Services.

Hi both, thank you so much for your advice and guidance, i sent the letter last week and have today received confirmation that the LA will be naming our chosen school and reissuing the final plan this week. We are sooo happy thanks again :-)

Yay! Result!