How do we get to appeal?

[Lostatsea10]

Hi, sorry for the vague question but my son (diagnosed ASD/ADHD/SPD) is year 1, age 6 and currently attending an SRP on a part time basis (hasn’t been in school full time since early November 2022). He does not access the classroom or curriculum at all and done no curriculum work since the early days of reception. This is his second school.

His annual review is March and we will be requesting change of placement with full support of the school. The LA aren’t attending and I understand they have to issue the EHCP within 4 weeks but, they are a notoriously tricky LA (not sure if it’s bad form to name them) and so I wouldn’t be surprised if they just don’t send it. Is there anyway to default to appeal in the event of them not sending it out? Or do we have to just keep waiting for them to kick the can down the road.

They absolutely will not agree to change of placement, it will go to tribunal.

Following the AR meeting, the LA must inform you if they are going to amend or not within 4 weeks, and if they are going to amend send an amendment notice at the same time and finalise within a further 8 weeks (so a maximum of 12 weeks). Following this you will get the right of appeal. If the LA breach the timescales you should email the Director of Children’s Services reminding them of the timescales. If that doesn’t work, email again threatening judicial review. Then, if that fails, you need a pre-action letter - SOSSEN can help with this.

In the meantime, if DS cannot attend school full time the LA has a duty to ensure he receives a suitable, full-time education under s.19 of the Education Act 1996. Email the Director of Children’s Services requesting this. This is in addition to them having to ensure anything detailed, specified and quantified in F of the EHCP is received.

Thank you, I had hoped we’d be able to request to appeal sooner, but nothing about this process is quick.

He hasn’t been at school full time since 12/11/22. He has never been at school full time at his current SRP setting. He attends 0845-1300. He can not access the classroom and does not access any element of the curriculum. It’s important to specify that he can’t because of the environment (supported by school) and not because of ability.

Request provision under s.19 of the Education Act 1996. DS is entitled to a suitable, full-time education and the LA has a duty to ensure that happens.

You could request an early review. Although the LA doesn’t have to agree, unfortunately.