Anyone experienced using lawyer/ pre action warning letter over section F?

[waterrat]

We are in mainstream secondary and school completely failng (and refusing) to meet section F. I think they would like us to give up and move child but I"m not going to - as she wants to be at this school - it has a large SEn dept but my DD has pretty high needs - autistic and requires a lot of support.

We have a lawyer ready - at great cost - but I have never met anyone who has taken this step in our city (spoken to a couple of people elsewhere in the Uk who said it's the only way sometimes)

Yes, I have. I know others who have, too. Sadly, it isn’t rare these days. There will be others in your city.

JR proceedings themselves are brought in the child’s name. Therefore, they can be eligible for legal aid in their own right. This doesn’t cover the pre-action letter, though. Ultimately, as per section 42 of the Children and Families Act 2014, it is the LA with the absolute non-delegable duty to secure the SEP in F. Although the school (assuming this MS is a state MS) may also be leaving themselves open to action too.

Enforcement is only possible if F is detailed, specified and quantified. Too often the wording is vague and woolly, which means it is unenforceable. Many EHCPs are poor with vague and woolly wording and a lot of the time parents don’t realise until they try to enforce provision but can’t.

We are now progressing with solicitors on section F in a MS as not being provided by LA (salt and ot). Our solicitor has given the Local Authority three working days to respond before progressing to formal pre-action correspondence with their legal team. We will then move to JD. Last time we threatened this (oct) they said oh yes sorry.... took our preferred suppliers(salt and ot), and then did nothing as said its with a panel. So hard line now and they will be held accountable.

We are also appealling ehcp bfi. The LA did not meet the Tribunal deadline for our EHCP amendment appeal, and the Tribunal has issued an Order requiring them to explain why they should not be barred from participating. I hope they are barred.

Every turn in this SEN world it's another door and hurdle. Its ridiculous and I wish I could do it in everyone's name just not my child.

Its frankly abhorrent.

Good luck

@HillBetty just to let you know, even if the LA is barred, and more often than not, they aren’t because SENDIST gives them chance after chance; they are often reinstated.

Them being barred isn’t always in your best interest either. In some circumstances, it can increase the chances of the LA being able to successfully challenge the FTT’s decision.

Even if thats the case not exactly sure what evidence they will use to challenge as they have done nothing themselves accepted all our private reports we submitted for the parental NA request, still did zero, and then used the NA request wording I wrote to write the ehcp. So its a one sided "he has needs" not a balanced view of him so we are rewriting it- thats what we are appealling. The shoddy wroting and unfair portrayal.

Anyway I dont want to go to JD. But will as they are all.muppets.