Please or to access all these features

SEN

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

EHCP Appeal Help needed

3 replies

cisk · 22/07/2023 13:23

Gratefully looking for some guidance about our ongoing Appeal...

I won't go into the background of how spectacularly useless the LA was in getting the EHCP in the first place. But.. after its (eventual) issue, school told us to appeal - both on the basis that it didn't pass the relevant legal tests i.e. no quantification of support but also because it's become more and more apparent that mainstream school isn't the right place and they can't offer the support needed.

Took a while to get the Appeal registered with the Tribunal and got Directions about 6 weeks ago. The LA was directed to file its evidence and there was a list of what was required e.g. statement from senco, attendance record (we've not had a full school day since around last December). The only evidence they've served is a brief statement saying they oppose the Appeal on the basis that needs can be met in the current school. However, they will approach the current school and also the specialist school for their views.

I've contacted them to request all of the other information they were directed to serve but I've haven't received a response nor do I expect to get one. I'm not sure what I should do now. I don't understand how they can oppose the appeal when they haven't even spoken to school? I've read some stuff online suggesting the LA can basically get away with serving their evidence the day before the hearing.

Does anyone have any experience of this? I was going to contact the Tribunal and ask them to issue a specific direction to the LA to disclose the info now but just wondering if that's a waste of time and I should preserve my energy for the appeal hearing which isn't for months although apparently there is a case review in a couple of month. TIA.

OP posts:
Relaxinghammock · 22/07/2023 17:00

It isn’t uncommon for LAs to oppose appeals despite not contacting the school. Unfortunately, LAs are often allowed to get away with it. Less commonly they are barred, but even then they are sometimes allowed to be reinstated. The changes to the directions are new. Previously, LAs didn’t have to give anywhere near as much information with their initial response. Because of this, I suspect LAs are being given even more chances at the moment. Whilst it is frustrating, in your case, I wouldn’t submit a SEND7 yet. This is quite a good article from SN jungle about LA’s missing deadlines.

cisk · 22/07/2023 21:40

Thank you! Very useful to know, especially that that the latest form
of directions are quite new.

I just can’t help but think it’s the LA kicking the can down the road for a bit longer until they properly engage.

OP posts:
Relaxinghammock · 22/07/2023 22:03

Sadly, your second sentence is exactly what happens too often. The new Directions should help to combat that to some extent, hopefully anyway.

New posts on this thread. Refresh page