Appealing Section I of EHCP

[Implosion85]

Hi there

I'm hoping for some advice.

In February we received our daughter's year 6 EHCP update with section I stating she would be joining an ASD hub for year 7. The school itself is inadequate on ofsted, namely for it's culture of bullying. My daughter has ASD and is mute. How ideal 😬

I had asked the LA to consult with 2 other special schools but they refused - one on the local offer and another specialist independent.. They literally refused!

At this point we decided we were going to move and fund a specialist school for her, which has since been in turmoil and we've given up on that idea.

As a result, I am now appealing Section I a month late.

Does anyone know how long the tribunal dates are currently taking? And secondly, what our chances are of getting a suitable placement for September at this late stage?

The LA totally robbed us of any chance of a parent consultation or taking my daughter's views into account. They didn't consult with us, refused to consult with schools we asked for.

We both work full time so I'm very anxious for what will happen now if she isn't offered a placement.

Unless the LA agrees to amend, having a finalised EHCP naming another placement by September is unlikely.

Phase transfer appeals are currently coming through with September dates. It may well be later by the time a hearing is allocated for a new appeal. Although section I only appeals are prioritised.

SENDIST may not allow your late appeal. They don’t always. In case this happens, you should request an early review. Unfortunately, the LA doesn’t have to agree to hold an early review and if they refuse, there is no right of appeal. You would either need to wait for the annual review or request reassessment of needs.

What are B&F like? Do they indicate SS is needed or are they woolly and vague with missing needs/provision? Is the specialist independent wholly independent or a section 41 independent?

You say the LA didn’t consult with you, did they not send a draft EHCP allowing you to comment on it and state your preferred placement? If DD is able to share her views, they should have been taken into account as part of the AR, were they not?

Will reply properly in a bit.
We only got a draft final.EHCP with this named school, 1 day before the deadline.

If we appeal, will that mean her place at the hub is removed or does that stay until the appeal decision is made?

Thing is, even if I appealed this 4 weeks earlier, we wouldn't be in a different situation.

I asked multiple times for them to consult with these other schools but they said no. The independent school is a section 42 school

We only got a draft final.EHCP with this named school, 1 day before the deadline.

A draft EHCP or a finalised EHCP? As part of the review process, before the LA finalise, the must send a draft, give you 15 days to make representations and state your preferred school. If the LA didn’t follow the correct process, did you send the Director of Children’s Services IPSEA’s model letter?

If we appeal, will that mean her place at the hub is removed or does that stay until the appeal decision is made?

The current finalised EHCP and placement within it is the one in force until an amended EHCP is finalised.

Thing is, even if I appealed this 4 weeks earlier, we wouldn't be in a different situation.

It would be a different situation. You would have still been within the appeals window, and you would have an earlier hearing date.

Fab, thank you.

She actually has her annual review this month, so seems like good timing?

Following the AR, you will get the right of appeal again within 4 weeks (if the LA doesn’t amend) or 12 weeks (if the LA amends) of the AR. So even if SENDIST won't allow a late appeal now, you will be to appeal then.

Fab, thanks so much.

At the annual review should I state we are unhappy with the year 7 school placement?

Yes. Back it up with any evidence you have that a special school is required. If B&F are inadequate raise this as well and evidence supporting amendments to those sections.