EHCP emergency review

[SENDChaos]

My LA have requested an emergency review of my sons EHCP as they want to do a change of placement due to unmet needs.

My son is currently at home because the school is not a safe setting for him. Not only have they not been carrying out Section F but he was able to self harm, in class, his desk in front of the class teacher so I have requested the meeting be held over zoom.

Our meeting is supposed to be happening in 2 days time and I’ve found out today that the school are refusing for us to do it over Zoom and want to reschedule it.

I have point blank refused to attend in person due to the bullying and abuse I myself have received from this school but I’m being dismissed and being told me not feeling safe to attend in person is irrelevant.

can anyone advise what my legal rights are or has anyone else been through this theirselves?

Have you spoken to the LA?

Is there someone who could attend with you if you went in person? For some people, that along with recording the AR meeting would mean they felt able to attend in person.

Is alternative provision in place?

Just so you are aware, ultimately, it is the LA’s responsibility to ensure anything detailed, specified and quantified in F is provided.

You can hold it without the school present, if the LA will go for that?

They have already refused the meeting to be recorded. It’s the LA that have informed me about the refusal to do it over zoom but I told them the school have a legal requirement to make reasonable adjustments and if they can’t then they need to put their reasons in writing.

Even if I had someone who could come with me I still wouldn’t go. They’ve done nothing but bombard me with letters demanding a meeting regarding my behaviour but not responded to the email and video of the self harm my son managed to do while in their care.

No AP put in place but I submitted a Section 19 application yesterday to the LA. ive also applied for Legal Aid through the Gov website this evening.

Just to add as well - this school is currently in the national press and under independent investigation for their abuse of pupils and staff members

I don’t know that!! I’ll bring that up with my EHCP coordinator tomorrow!

thank you!

The LA may have a policy that the current school should be there, but the law only says:

• The school must be invited to the meeting
• The school must be requested to write a report setting out recommendations and amendments to the EHC Plan
• The LA can ask the school to host the meeting on their behalf

There isn't anything there that says the school must attend. To me, it sounds as if they have been invited and are refusing to attend.

You don’t need permission to record the meeting. You can record it for personal use. Then, if you want, transcribe and distribute as a record of the meeting.

Even if the LA held the meeting virtually, the school would be invited as DS is on the roll of the school. (Although I assume you wouldn’t mind this since you want it held virtually. I presume you wouldn’t object to an alternative virtual platform.)

x-posted with @ThesebeautifulthingsthatIvegot.

I can only record without their permission if the meeting isn’t being held on their premises.

I want them there because they’ve got a lot to answer for and I actually requested that the recording is done by the LA.

You can record without permission even if the meeting is on their property. You would only be able to use it for personal use, but you can record then transcribe.

The school premises isn’t public property, it’s classed as private property

You can still record the meeting for personal use then transcribe.

I’ll check it out.

I’ve just checked and it’s actually in the schools policy that you have to get approved for meetings to be recorded

It doesn’t matter if that is what the school’s policy says. You can record for personal use.