How do I make an SAR for an EHCP school appeal?

[ChaiLatteandAsprinkleofchocolate]

Hi,
If anyone can give me advice it would be appreciated, I am intending to appeal the named school in my DD's EHCP, I would like to know (having viewed a similar post and mention of this) how I get an SAR not from DD's current school (they are supportive) but from the LA, I want to see all the letters from schools that refused her a placement (saying they can't meet her needs). she is yr 6 about to start year 7 but with no school other than the awful one the LA are insisting on. (LA refused to consult an independent very small classes etc....) DD has significant SEMH but very academic. All long and convoluted but I would like the feed back letters from the schools they consulted, as LA being very guarded and communication is breaking down between us. Also how do I enforce educational provision until this is resolved? (come September) ...thanks

Privacy notice - Subject Access Requests, Privacy and Cookies Statements https://share.google/xp3uOawsMbROocMdk

Here's an example from an LA (scroll to the bottom). Is there similar info on your LA'S website?

Hi @Needlenardlenoo fantastic advice...I have just found it on my LA's website thank you so much, this was incredibly helpful 🙂

Request all data. Don’t just request consultation letters. Not all communication will have taken place via letter.

If you know or suspect what other placements have been consulted, submit SARs directly to the school, too. Comparing disclosures sometimes highlights incomplete disclosures.

You should also make a SAR request to the current school. It doesn’t matter that they are supportive.

If DD is unable to attend school (in the legal sense, not just that it isn’t your preference) the LA has a duty to ensure DD still receives a suitable full-time education under section 19 of the Education Act 1996. You make this request to the LA. On their website, IPSEA has a model letter you can adapt. The LA will also still be responsible for anything detailed, specified and quantified in F.

You should submit the appeal ASAP. The sooner you submit, the more likely the appeal will be concluded in the summer term.

Once you have submitted the appeal, you can ask SENDIST to direct the LA to consult with the independent school.

Hi @ChasingMoreSleep Thank you so much for all of this, it is so helpful thank you i'm really grateful...... is it possible to ask for internal emails relating to consultations for schools and regarding her EHCP? (I think I read somewhere it is) I guess if I request all data it will cover this . It says on their website to be specific in what you want.....I have submitted my appeal but I have to go via mediation because they added something in the EHCP that I objected to (section F) , they took it out then put it back in (honestly left me gasping, the
audacity) ....
Mediation said (via email) they will contact me in October for a phone consultation, which is absurd I am sure it must be a clerical error.....Now its Easter I will contact them next week (I tried to call yesterday but cannot get them on the phone)......but I will tell them I want to skip the mediation and just get the certificate as LA adamant they are not going to consult
Thank you so much for the advice re submitting the appeal and asking SENDIST to direct LA to consult the school, this is really super advice and so helpful I really appreciate it

Yes, you can request emails, both I nternal and external.

Request all data relating to your DD &/or you including but not limited to:
All emails, internal and external.
All telephone call and message records.
All other correspondence.
All panels and other meetings minutes/notes/outcomes.
All reports and assessments.

For DD’s current school also list:
School educational record.
Attainment and attendance records.
Risk assessments.
Accident records
Behaviour records.
All other CPOMS entries (if DD’s school uses CPOMS).

This is brilliant @ChasingMoreSleep really comprehensive and so helpful. thank you so much 🙂 I feel much more empowered knowing what information I can request access to.....The LA removed what I objected to in section F during draft EHCP then popped it back in at finalisation, I don't even know if that is lawful (I had agreed to amendments when it was removed) but I am ready to dig deeper and will call it out at tribunal..... thanks again for your help 🙂

When the LA issue a draft and you make representations, the LA doesn’t have to agree to the amendments you propose. They can finalise without your agreement and force you to appeal.

After issuing the original draft and giving you at least 15 days to make representations there is no further requirement for the LA to issue another draft if they aren't going to make any amendments or the amendments made are a result of your representations. They can finalise without consulting you again. Based on Reg 14 and SENCOP 9.125. The LA only needs to issue a revised draft if they propose other amendments.

Thanks for this @ChasingMoreSleep ....I just want to ask you though, what they did was send me the amended EHCP during the draft process, I responded within the 15 days and asked for some alterations including something very significant in section F to be removed.....they sent it back to me with the amendments and the part I requested removed (in section F) had been taken out. I then agreed with it to be issued (still making it clear I was objecting to the named school but at least they took out what I requested in section F) 2 days later they sent the final EHCP and had put back in what they removed during draft and what I agreed to. I feel I need to challenge this as it was deceitful beyond belief but I will check out that reg 14 as its really incredibly helpful to have a reference point to see the legalities of it all. Thank you for all your help its so insightful and helpful

I then agreed with it to be issued

The LA didn’t need you to agree. They can finalise even if you object.

If the LA issued another draft, then finalised with an amendment to the provision that wasn’t a result of your representations, they shouldn’t have done that without issuing another draft and giving you time to comment on it again. However, in the grand scheme of things, it is a relatively minor point, especially since you are appealing anyway, so don’t get bogged down in that to the detriment of your appeal. I’m not saying that to excuse the LA’s behaviour. I am saying it because the bigger picture is more important.

Hey Thanks @ChasingMoreSleep that's really helpful I actually didn't know they could do all that and it makes sense what you say about getting bogged down with it because it is a point I have laboured over and I need to focus on what I need for the appeal. I have just copied and pasted your advice from the previous posts into a word document to print off and refer to, (its so helpful) thanks again I really appreciate it 😄