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Here you'll find advice from parents and teachers on special needs education.

Panel meeting

5 replies

Lineortumble · 04/07/2024 10:46

Hi,

sorry changed name as I’m sure people keep guessing me!

My child has an EHCP - EBSA Jan. nothing provided since. Did all the ipsea template letters to request AP and education. Complained to the council - waiting 12 weeks to take it to LGO. All radio silence.

The case has gone to panel twice and not enough evidence (diagnosis letter, school says can’t meet need as he isn’t in) The Dr refuses to write unable to attend school due to anxiety. He won’t write he can’t travel long distances (despite the fact he has been travel sick since a baby) he is literally not going to go to a school as he doesn’t fit into any close schools. As schools are not flexible enough and timetabled lessons and there are certain things he won’t do (doesn’t see the point in languages 🤣) School says can’t meet need as he is not in.

What else can I do? With the “unknown mystery panel” that has never met my child? Any wise comments to state? Or any good evidence I could show them?

Or is it just a case of messing around getting a draft EHCP - paying over £6k for professional reports waiting around for 1 yr for a tribunal. (Yes I know I could potentially have LA ones but they are rubbish)

It’s just so frustrating. It’s just wrong. At least the sun is out 😁

Why is the panel allowed not to state who is on it?

Thank you x

OP posts:
BrumToTheRescue · 04/07/2024 14:33

Or is it just a case of messing around getting a draft EHCP - paying over £6k for professional reports waiting around for 1 yr for a tribunal.

I’m not sure what you mean by this? Are you in the appeal process now? Are you waiting for a draft? Have you recently had or requested an early review?

The panel may not even exist. Have you done a SAR? The LGO is critical of LAs who fail to keep accurate records. See this decision.

The timescales of the normal complaint process are too long. If you haven’t already, email the Director of Children’s Services threatening judicial review for failure to provide provision under section 19 of the Education Act 1996 (if compulsory school age) & section 42 of the Children and Families Act 2014 (if there is anything in F that is detailed, specified and quantified). If that doesn’t work, you need a pre-action letter. SOSSEN can help with this for free, but there is a wait so you may want to look elsewhere.

Are any other professionals involved who can state DS is unable to attend? It can help even though the LA should look at the whole picture where medical evidence isn’t available.

Lineortumble · 04/07/2024 17:52

Not yet - we did have AR 9 weeks ago an early one - still haven’t heard from the LA - so they have busted the timelines of 4 weeks and 8 weeks.

It went to panel twice both times said not enough evidence and they requested we make a meeting with the LA - not sure why.

The school says can’t meet as he is not in - they wrote that at AR.

Could I do a SAR on the LA? Is that what you mean? School says can’t meet need as he’s not in.

His EHCP is absolutely amazing (did pay for someone to do it) however they are definitely not following it. Therapies etc. He should have had 1 hr OT every week. He has had 2 sessions in a yr. OT is better however nothing since he’s not been in school.

I did write to the director she just ignores you over 3 months ago - plus the duty sen mailbox and pretty much every man and dog. Using the Ipsea amendable letters for not providing AP and not providing education and not following section F - so that’s why I thought LGO as you can’t raise the complaint higher until someone from the council writes back. Equally now they are breaking AR process I can get an Preaction letter 👍

Interesting what you said about the “panel” omg - they could potential not exist ! Wow that’s crazy. It was the “panel” has been requested a meeting with a senior case worker and the school tomorrow with myself.

The gp refuses to help as he is not authorised to write that letter about school. Cahms is useless and he is not exactly going to meet a random and we don’t see anyone from cahms. But he is diagnosed with pda / anxiety and school wrote about his high levels of anxiety. No one else involved with him.

I defo think they will just give him a useless school not fit for purpose to his needs so will go to appeal and then I’ll have to spend a fortune on reports as his old ones are out of date and OT / salt / EP want to access him again.

Would you pay for a clinical phys? I’ve got an EP booked for Jan who is supposed to be amazing.

Thank you for your comment - I appreciate it.

OP posts:
BrumToTheRescue · 04/07/2024 20:25

Yes, a SAR to the LA. If they have records from the panel, it should in theory be disclosed.

Personally, if money is limited, I wouldn’t focus on EP, OT (including sensory integration) and SALT over a clinical psychologist. If (when!) you need to appeal, if you can’t afford independent assessments and you aren’t eligible for legal aid, Parents in Need can sometimes help.

Judicial review is a better, quicker remedy for failure to provide provision detailed, specified and quantified in F and failure to provide AP. Email the DCS threatening judicial review. If that doesn’t work, you will need a pre-action letter. Do the same for breaching AR timescales.

Lineortumble · 04/07/2024 21:50

BrumToTheRescue · 04/07/2024 20:25

Yes, a SAR to the LA. If they have records from the panel, it should in theory be disclosed.

Personally, if money is limited, I wouldn’t focus on EP, OT (including sensory integration) and SALT over a clinical psychologist. If (when!) you need to appeal, if you can’t afford independent assessments and you aren’t eligible for legal aid, Parents in Need can sometimes help.

Judicial review is a better, quicker remedy for failure to provide provision detailed, specified and quantified in F and failure to provide AP. Email the DCS threatening judicial review. If that doesn’t work, you will need a pre-action letter. Do the same for breaching AR timescales.

Wow that’s great. Thank you for so much for your help!

I never knew I could do a sar on the LA! That might be interesting. To check if the panel existed - not sure whether they will give that amount of info! I’ve never seen a written SAR.

Just checking on Ipsea it’s model letter 18 to adjust? To ask for a SAR on the LA.

I just know come Sept I probably won’t be in a better situation - the whole thing is completely ridiculous and drains parents.

I really appreciate your response. Thank you so much X

OP posts:
BrumToTheRescue · 04/07/2024 22:01

It isn’t IPSEA’s model letter 18. That is for the child’s school records for those in a maintained school or NMSS.

The ICO has information on what to include in your SAR. They had a model letter too but the link won’t work for me now to link you to it.

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