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SEN

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

Would it invalidate a panel decision if the wrong EHCP was used?

2 replies

Saker · 25/07/2022 15:57

I'm currently trying to get the LEA to fund the 5th day a week of support for my 21 year old son with a learning disability who has an EHCP. He has had two years of 4 days at college and a fifth day at a specialist provider funded by education. I am trying to get the same for the 3rd year. During the last 2 years education were not keen to fund it but have eventually agreed. This year they have finally said no, but I have just found that the EHCP that they were working with was only partly updated from the annual review, so that the whole of Section B was from the year before. I had made extensive amendments to this part as it had become very out of date. The caseworker has now reissued me with a corrected copy, and is saying that it would make no difference to the panel decision, which may be true. However I was wondering what the legal situation is. Does anyone know if that would mean the panel decision would be invalid as they were working from the wrong documents?

OP posts:
LargeLegoHaul · 25/07/2022 16:15

It doesn’t make a difference as it doesn’t legally have to go to a panel at all. If the LA have removed the 5th day’s provision from the EHCP the best way forward is to appeal.

Saker · 25/07/2022 16:30

Ok thank you, that's very helpful.

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