Tribunal spanning almost 2 years (lodged Feb 2022). Over a year from 1st hearing in October 2022 to 4th and final hearing in December 2023. Decision received yesterday. Reason for delay was that LA kept on trying to name unsuitable provisions which Judge couldn’t name as they themselves said they were unsuitable so they kept on being given more time to find alternatives and still couldn’t!
Judge, IMO, was completely biased to LA (who had a barrister). Seemed to have completely ignored my evidence
They were allowed to change reason for refusal to name our requested provision from inefficient use of resources, to ability and aptitude, citing the fact DS had dropped academic two levels in an assessment undertaken after two years of no EHCP provision or any academic input at all. together with extremely poor mental health.
It was written into his EHCP two years prior that he was at the minimum entry level that the provision we wanted was working from but it seems to be OK that the reason he’s gone backwards was due to the LA not providing an education!
DS is 21 with ASD and a mild learning disability. This is the 3rd year he has not had a college placement and we have been left with just a type of provision named on his EHCP with no timescale for one to be named.
The college we requested to be named were initially positive to him attending (prior to LA consultation) but at a hearing a year in said they didn’t realise he had a mild learning disability until months later despite it being clearly stated on his EHCP and diagnostic report that was provided to them. They apparently couldn’t make reasonable adjustments to account for DS’s slower processing as this would affect other students learning. The LA provided them with a draft EHCP at the consultation with his academic levels removed. The one I had provided when I approached them was the current EHCP with level in it. Judge refused my request to have it put back in as I argued that showed his aptitude and ability prior to the LA not providing his EHCP provision.
Judge also stated DS did not require residential college (which the one we wanted would have to be due to distance) as there was no evidence that his education couldn’t be completed at a day provision. We had an Educational Psychologist report stating he does need residential! Judge said DS can be provided with independent living/social skills etc via supported living which social care should provide but surely that is part of education!
I am trying to find a solicitor as aware I’ll need one to get the decision reviewed but would appreciate any advice or experience in appealing to the upper Tribunal.
LA were supposed to provide home tuition from September as they cancelled his totally useless temporary outreach provision in July as we didn’t agree to it being named on his EHCP as his permanent provision but are still delaying as saying can’t find a tutor!
This has been hell for the last 2 and half years since DS’s last college placement broke down (June 2021) due to his mental health and I cannot believe all this stress has been for nothing!