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SEN

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

Appeal help please

4 replies

Norfolkgirl2022 · 21/01/2023 15:59

Really looking for serious advice as I have no idea on education law.

My son has non verbal autism been trying to get into a special school for two years had to go to appeal.. won the appeal and had the tribunal paperwork, offer placement letter and his EHCP changed to show change .. all stated clearly the placement would start on 20th February.

Had an email from sen placements and coordinator last week to say " we know you thought February but this is no longer the case we are hoping for a space in September"
The special school is refusing February and his codinator is really really useless.

I cannot believe it, truly makes any paperwork pointless.

I have tried to fight it but all meet dead end I think they know they are legally in the wrong as County council won't help me.

Any advice I have a call with Sendias but not for three weeks.
I don't want to make it all very awkward for starting but I just feel it's very unfair.

Thanks for listening

OP posts:
JustKeepBuilding · 21/01/2023 16:53

Is the school wholly independent?

If not, email the Director of Children’s Services. s.43 CAFA 2014 states the school must admit if named in the EHCP. If it’s a maintained school the LA can direct the school to admit. If it’s any other type of school, with the exception of wholly independent schools, the Secretary of State can direct the school to admit. You can also look at Judicial Review - emailing the Director of Children’s Services threatening this might work, if not contact SOSSEN for help with a pre-action letter.

Norfolkgirl2022 · 21/01/2023 17:11

Thank you for the reply. The school is an academy so I don't think is independent?
Thank you for good advice, do you know a timescale of when they have to admit by as they will argue he has this place in September I'm just angry that all the tribunal paperwork says otherwise and also do not want this to happen again then in August.

OP posts:
JustKeepBuilding · 21/01/2023 17:57

If it’s an academy it isn’t an independent school. The school is named in a finalised EHCP, it has a duty to admit now, not September.

The way to prevent this happening in August is to challenge it now, LAs often don’t take parents seriously until they see parents will enforce DC’s rights. If you let them get away with it many LAs take liberties because they think you are a push over.

Norfolkgirl2022 · 27/01/2023 08:38

I just wanted to say thank you for taking the time to reply your idea worked and I even they have even really apologized.
Thank you so much like you said the LA will try it on.

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