Won LSA time in appeal. Senco says they can't deliver

[BlueJellycat]

I have waited an entire year to have my child's ehcp appeal. The senco has told me in the past I need to look for another school for year 5, 6 and that they can't meet their needs.

My child currently gets 13k of funding with no LSA at all in class. The school have floating TAs and someone will rush in, deliver a intervention then rush off. My child tells me some weeks they see no TA. But at best there's someone one afternoon and one morning who might not even interact with them.

Senco said that my child wouldn't tolerate a 1:1 but was going to ask for 32 hours of funding.

I won 15 hours of las allocated to my child. The senco has said they can't deliver this but seem happy to ask for full funding.

I have told them and go back and sort it out with the LA.

Thoughts? Thanks

Is the 1:1 detailed, specified and quantified? Or is the wording vague and woolly?

If it is detailed, specified and quantified, remind the school in writing the provision in EHCPs isn’t optional. Also, email the Director of Children’s Services because it is the LA who is ultimately responsible for ensuring the provision in EHCPs is provided. Then if that doesn’t work, email the LA again threatening judicial review. If that fails, contact SOSSEN for help with a pre-action letter.

If it is vague and woolly, it is unenforceable, unfortunately.

It's straigh out of appeal so there is no room for any misunderstanding it's very enforceable. I told the senco straight of the bat in a email to her and the LA i will be enforcing it. She has no idea but it wouldn't be my first judicial review either.

The senco is saying I think that they only deliver interventions via floating TAs at that mainstream junior school. The new ehcp is asking for something new, she says she can't do that, I have told her to talk to the LA and if she can't meet the ehcp, for my LA to name a school that can.

I had no idea that this wasn't a fairly standard and simple provision. Seems things have changed

If the LA and school aren’t listening and it is enforceable go down that route. The school can say what they want about what they normally do. That’s irrelevant. However, even being from an appeal doesn’t guarantee it is enforceable. I have seen more than one EHCP with unlawful wording even after an appeal.

Oh god, I think it's water tight but who knows? I think I will have to talk to SOSSEN ASAP then.... again!

I will dig out the wording but right now just checking my emails makes me want to be sick. A year. For this!