Alternative provision reject?

[Barkingdogsnextdoor]

EHCP however EBSA. Complained complained and complained. The council apologised to me and they are at fault (well no surprise) Finally after nearly a yr of nothing - AP is supposed to be happening tom at my house by 2 people (I received the email on Friday)

I don’t want AP by this company as it’s paid for by the council / their AP provider (so not independent) and the cheapest and ultimately the aim is to get the child back into a mainstream school - which won’t happen - so it’s a bit of a joke really. I did want alternative companies but would need more cash which I told the case worker as I didn’t want something to start and end due to lack of funds as that wouldn’t be fair on the child.

Do I have any say in which places / companies I wish my child to have for AP?

Or will this be once again the council says finally offered it and the mum says no. What would the best way to deal with this?

Thank you in advance

Section 19 of the Education Act 1996 places a duty on the LA to provide a suitable, full-time education. That does not have to be via the parent’s preferred provider. So the question is, is the provision the LA is using suitable and full-time? If not, then you need to raise this point rather than focus on the provider you want.

The LA must also provide anything detailed, specified and quantified in the EHCP, but, again, this doesn’t have to be via the more expensive preferred provider.

Have you requested an early review of the EHCP to pursue an appropriate placement or if it is inappropriate for provision to take place in a school, an EOTAS/EOTIS package?

Hi, no they haven’t provided anything. Is it suitable? I think not - but the LA will think yes. I will use that point for argument with the LA. Thank you

Crazy how they just think I’ll send round this AP provider and there you go!

I did the council complaint process, used Ipsea template letter emailed director. I think now as they have finally admitted that the LA is wrong using the complaint process this is why they are trying to bring someone round to my house. Hence I’m don’t want to be that mum and they say I’m not cooperating with them but I think the AP provider is useless from other peoples views and generally they think 2 hrs a week is full time whilst mum is caring (even though full time 1 to 1 at school)

Yes nothing is being provided that is smart in section F - but I was happy to coast for a bit to improve mental health. So either wait for sos sen or I can pay £700 for pre action jr as the clock is ticking.

Yes did AR - joke - they want to keep the EHCP the same hence I will have to appeal and waste time / cost for providing evidence - whole thing is shambolic and taking up someone else’s spot for tribunal when this rubbish should of been sorted at AR.

I don’t trust the council at all and certainly not this aggressive case worker person I have to deal with.

Thank you for your help

You will need to explain and show why it isn’t suitable. You will need more than other people’s views/opinions though. Ultimately, if you disagree it is suitable and decide to legally challenge it, the court will decide.

The normal timescales of the complaints process are not suitable for resolving the LA not providing s19 provision. In future, look at judicial review. Similar for the failure to provide anything detailed, specified and quantified in F.

Submit an appeal ASAP. Request an expedited hearing on the basis DD is not in full time education. If you cannot afford independent assessments and you are not eligible for legal aid, contact Parents in Need.