Desperate

[Desperatelyseekingeducation]

As my user name suggests I'm desperately seeking education for my child.
Tonight I'm just at my wits end and have no one to offload to. Shouting into the abyss here.
Applied for ehcp and lost count at week 115 but eventually the ehcp was issued. We are now week 80 since issue and none of it is in place. My child is out of education.
Another tribunal is lined up but I've no faith. The la won't do as the tribunal says and there's no school suitable anyway so eotas is the only option.
From looking at online posts the la's aren't implementing the eotas packages so it's basically all a lost cause.
After nearly 10 years of fighting I'm broken and worse my child is broken

Provision detailed, specified and quantified in F can be enforced (via judicial review if necessary) whether the child is on the roll of a school or has an EOTAS package. The LA can only get away with not complying with SENDIST’s Order if you allow them to.

The provision in F currently has to be provided now. Is there anything in F detailed, specified and quantified in F or is it all vague and woolly?

Have you requested the hearing is expedited?

What are you appealing?

Is there any placement named in section I currently?

If DC is compulsory school age, have you requested alternative provision under s19 of the Education Act 1996?

In future, if the LA fails to comply with statutory timescales, you can enforce them.

Appealing b,f and I.
It is an expedited hearing.
Placement is named in I.

Been through JR but the la has every excuse in the book and the ehcp is badly written.
The timescales mean nothing and with this la they don't care and certainly won't allow a parent to enforce anything, they don't answer calls and emails anyway.

The EHCP being poorly worded is why I said provision detailed, specified and quantified in F can be provided and asked in F was or if it was vague and woolly. Vague and woolly EHCPs can’t be enforced. The remedy for that is via SENDIST. Then it can be enforced.

What did you pursue JR about and what was the outcome? If the LA hasn’t complied what did the legal aid firm who took DC’s case say? Because LAs can’t just ignore court orders.

Is DC compulsory school age?

LAs don’t have to ‘allow’ you to enforce statutory timescales, provision detailed, specified and quantified in F or SENDIST Orders. (Edited to clarify by that I mean you don’t need the LA’s permission for enforcement.) Even LAs who think they can ignore JR proceedings find they actually can’t.

Yes that's why f is being appealed and yes compulsory age

As DC is CSA and unable to attend school have you requested alternative provision under s19 of the Education Act 1996?
If no, you need to do that. IPSEA has a model letter you can use.
If yes, and the LA refused, ignored you, are delaying or offered something unsuitable, you need to email the Director of Children’s Services threatening judicial review. If this fails, you need a pre-action letter. In the small minority of cases this doesn’t work, you need to pursue JR proceedings and for that DC can be eligible for legal aid in their own right.

Was the JR for failure to provide the provision in F? If so, I am surprised it got anywhere near JR proceedings themselves before someone advised you a woolly and vague F was unenforceable.

Looking at the appeal, when is the hearing? What is your evidence like? Have you looked at independent assessments?

It's too outting to put full details.
Yes I've written to director, multiple times and they've never responded. Also written to mp who did nothing. I even had something in the county newspaper.
Yes all new independent assessments have taken place.

So if the DCS has ignored you, have you sent a pre-action letter?
If no, that is what is required.
If yes, you need a legal aim firm to take DC’s case for JR proceedings themselves.

Yes that has happened

So the judicial review proceedings you have already had was about failure to provide s19 provision? If the LA has failed to comply with the order following JR, what did the legal aid firm say?