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

Naming a school - following appeal/tribunal

4 replies

mollyminniemo · 21/05/2025 15:33

Hello
We have a tribunal in 2 weeks time – refusal to issue EHCP (following assessment).
So far our authority haven’t even listed anybody as attending their side (its just says TBC) and have submitted “evidence” up to 7 years old!! Its for DS (11) due to start secondary in September.
My question is: if ruling does go our way (and know this is a big IF)- given they know he is due to start secondary- how soon is a draft EHCP issued/how long does this all take and if I name a school- how long would it take to get his current secondary he has been offered changed official to the school we want and accept him please? Would this be by September do you think? The school in question states they accept all pupils with an EHCP.

Thanks

OP posts:
perpetualplatespinning · 21/05/2025 17:08

If your appeal is upheld, the LA will have 5 weeks from the date of the Order to issue a draft and 11 weeks from the date of the Order to finalise. There are some exceptions to this. For example, if you or DS go out of the area for 2 or more weeks during that time and that makes it impractical for the LA to comply.

Unfortunately, you may not have a finalised EHCP by the start of the autumn term. Sadly, things can be even slower than normal over the summer.

When you get the draft you will get the opportunity to state your preferred school. You can state your preferred secondary placement. Depending on when you receive the Order and when your term ends, the primary may have finished for the summer before you get the draft and will certainly have finished before the EHCP is finalised.

Just so you are aware, there’s also no guarantee the LA will name your preferred placement, especially if it is a special school.

LAs not informing SENDIST/parents who will be attending hearing until the last minute isn’t uncommon.

mollyminniemo · 22/05/2025 09:25

perpetualplatespinning Thankyou so so much. It’s all so depressing. Our school of choice is mainstream just a lot smaller, more creatively focused and on the whole gentler than the current school he’d go to.
Today I got an email from our authority asking if we’d consider moving from an oral to a paper hearing. What would you say to this please?

OP posts:
perpetualplatespinning · 22/05/2025 11:26

I wouldn’t agree to a paper hearing.

mollyminniemo · 22/05/2025 11:32

Thankyou!!!

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