Panel says no

[roundandroundpanelsaysno]

Morning,

Child now declared EOTAS with an EHCP. Still having to mess around with a tribunal in a couple of months to get everything else up to scratch.

However my issue is that the panel keeps saying no to different providers I want to use without any reasoning.

The LA have now used 3 provider all of which don’t have the staff / experience which they require and frankley beyond useless. Obviously people just moving into jobs with no sen experience etc. This has been the case for 2 years now and ultimately the kid has received nothing from anyone. They are wasting my time causing huge amounts of stress but ultimately the kid is left with nothing but me!

Did a pap admitted fault still messing around.
The case workers are an absolute nightmare getting no where with this 💩

Is it a case for a JR but then will the panel members still be able to say no to certain providers or just able to specify random providers who don’t have the staff.

How do I get off this merry go round where the LA say no, panel says no to providers all with no evidence whilst the kid has nothing and no education and everyone knows about it as it’s well documented.

If I do a complaint - that will take months to sort.
MP on all emails now.
Emails with all the top people within the LA but still do nothing.

Seriously, how are some cases sorted but yet this nightmare keeps on dragging on.

Run out of ideas now. So how did you manage to get the providers you wanted? Or is it you pay and hopefully the LA will agree to take over eventually.

Any good ideas? As the 💩 storm is taking over more than my life and ready to bin the entire thing.

Or what am I totally missing here?

thank you for any ideas!

If the provision is detailed, specified and quantified in F (or is s19 provision but you don’t mention that), isn’t being provided and a pre-action letter hasn’t worked, the next step is JR.

It may not be the provider(s) you want, though. That will depend on who can provide the provision worded in F.

However, if the provision isn’t detailed, specified and quantified in F (and isn't s19 provision), then it can’t be enforced yet. You will need to wait for the Tribunal.

thank you for your post. However I’ve been waiting for practically 2 years now of nothing. As the tribunal officer was ill at the last tribunal 6 months ago hence it was postponed for 7 months. It just seems so unreasonable and so unfair. The EHCP is on fire - everything is there specified and quantified via professional people etc.
. However the LA is dire and I can’t get past that 😭😭😭😭 plus the 💩 case workers I think that’s my issue here.

Honestly I’m not sure what to do.

The JR seems to take forever? plus cash? (As I hear you can do it via the child’s name but yet no one is willing to take on the case with solicitors etc) Seems like even after a tribunal (which seemed so finalised and professional in a regular persons eyes ) it isn’t going to work? As the LA ignore everything and still drag this out?

Well section 19 went in 2 years ago to the top people within the LA and nothing has come of it. They acknowledged it and apologised and did nothing more. The EHCP is now EOTAS / eotis as no school were found based on needs (that was only achieved 3 weeks prior to tribunal so the LA didn’t look like dicks at tribunal) so hence should section 19 / Alternative provision even exist? When EOTAS / eotis had been agreed via the LA. Section 19 isn’t that a temporary situation? If EOTAS has been granted maybe I shouldn’t be looking at that (yes I’m getting myself now confused)

Tribunal is in a couple of months

The LA have nothing literally. They even know they look like wombats.

but yet they waste everyone time (to save cash)

However, I honestly do not know how some people / children manage it. I think it’s down to the case worker? A complaint has gone in for the case workers that I’m dealing with. Plus I’ve included the MP for good measures.

Thank you for your response x

JR doesn’t have to take forever. Yes, it isn’t instant, but it is the remedy to force provision once it is in F of a finalised EHCP. (I’m not sure from your posts whether the provision is actually in a finalised EHCP or whether you just mean it is in the WD.) Many who go down the JR route don’t get to a final hearing. You don’t need money for JR proceedings themselves. DC can be eligible for legal aid in their own right. It takes perseverance to find a legal aid firm to take a case, but it is possible. This wouldn’t cover a pre-action letter, and depending on when the last one was sent and the specifics of the case, you may find another is needed.

Some have to take enforcement action after Tribunal, but not all.

Yes, section 19 provision still exists if your DC is compulsory school aged. The LA’s duty under s19 of the Education Act 1996 doesn’t stop just because DC has an EHCP nor just because EOTAS has been agreed. If the LA refused to provide it, the remedy was JR.

Most, including 2 of my DC, who have comprehensive EOTAS/EOTIS packages have them because they have gone via Tribunal. Then enforced provision if required. That doesn’t matter who the caseworker is. MPs are usually useless in these types of matters.

SOS SEN do pre-action letters. It's not free, but it's a lot cheaper than solicitors.