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Original poster

EHCNA Judicial Review

10 replies

RMNofTikTok · 26/10/2023 22:36

Hi all

I applied for an EHCNA on 19th May 2023. The LA accepted they need to carry out an ECHNA and should have finished on 11th September.

Their conduct has been pretty terrible, including:
a) not completing the assessment on time
b) refusing to consult departments for which I have requested with the unlawful response “child not known to that service”
c) ignoring communication in writing
d) ignoring request for a call back since 30/08
e) educational psychology assessment was only 2 hours long
f) EP recommendations for provision have ignored advice in autism diagnostic report
g) first stage complaint upheld today but offered no remedy
h) director of children’s services has ignored all communication to date.

I sent a pre action protocol letter 2 working days ago, to which they sent my complete response which was already 2 working days late. They have ignored the main points raised in the letter.

I intend to apply for permission for judicial review at the earliest opportunity Eg next Tuesday. Am I correct that my 10yo is eligible for legal aid in this matter now I’ve completed the pre action protocol letter?

OP posts:
YellowRosesWithRedTips · 26/10/2023 23:58

JR proceedings would be brought in DC’s name, so if DC qualifies they can be eligible for legal aid. If you haven’t already, it is worth reading SOSSEN’s information about JR.

fedupallthisrubbish · 27/10/2023 07:22

Are you in Surrey ?!?!?

Original poster
RMNofTikTok · 27/10/2023 08:21

fedupallthisrubbish · 27/10/2023 07:22

Are you in Surrey ?!?!?

No

OP posts:
Original poster
RMNofTikTok · 27/10/2023 09:37

YellowRosesWithRedTips · 26/10/2023 23:58

JR proceedings would be brought in DC’s name, so if DC qualifies they can be eligible for legal aid. If you haven’t already, it is worth reading SOSSEN’s information about JR.

Thank you I'm going to ring them shortly!

OP posts:
PassageDEnfer · 27/10/2023 17:16

Good luck - tell us jow you get on.

Squirre · 27/10/2023 23:49

I believe that's correct. My memories a bit rusty but if I remember correctly the solicitor I spoke to about a JR said the pre action letter would be under my name and so could be covered by legal aid if I was eligible but the JR would be for dc and so covered by legal aid. The LA pulled their finger out at the last minute so I didn't need to go forward with it in the end. Good luck! It's such a needlessly cruel process.

ThatsGoingToHurt · 29/10/2023 23:40

Are you in Devon?

Original poster
RMNofTikTok · 30/10/2023 01:42

ThatsGoingToHurt · 29/10/2023 23:40

Are you in Devon?

No 😊

OP posts:
Original poster
RMNofTikTok · 30/10/2023 01:43

Squirre · 27/10/2023 23:49

I believe that's correct. My memories a bit rusty but if I remember correctly the solicitor I spoke to about a JR said the pre action letter would be under my name and so could be covered by legal aid if I was eligible but the JR would be for dc and so covered by legal aid. The LA pulled their finger out at the last minute so I didn't need to go forward with it in the end. Good luck! It's such a needlessly cruel process.

Thank you, so far, no response to PAP and 5 days notice runs out on Tuesday.

OP posts:
Original poster
RMNofTikTok · 21/01/2024 13:46

Hi all

Had the response to pip so JR was not needed in the end.

They pushed the ehcna through panel and it was rejected, because none of the assessments were concluded properly.

I'm now awaiting SENDIST for refusal to issue tribunal!

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