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SEN

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

Has anyone had a deferred SEN panel decision end positively?

4 replies

ElatedHiker · 05/05/2026 18:58

Hey there
This is my first time posting so apologies if I’m not doing this right.
my Son has been out of school nearly 2 years due to not finding a suitable provision. We had a consultation recently and at panel they came back with a deferral saying they needed more information. I’m wondering, has anyone else been through this with a positive ending as I have heard it can be a polite way of saying no or trying to fobb you off. Any information or insight would be much appreciated. Council is being shocking with communication or specific information.

OP posts:
scoopofmintchocchipicecream · 05/05/2026 19:40

Sometimes further information leads to a positive outcome and sometimes it doesn’t.

So, with that in mind, don’t wait. If you currently have the right of appeal, appeal now. If you don’t currently have the right of appeal, when was the last review? Was the panel following a review meeting? If so, when was the review meeting?

Does DS currently have an EOTAS/EOTIS package? Or is s19 provision in place?

ElatedHiker · 05/05/2026 19:51

Hello
thank you for responding. We moved last November and the process of moving councils has been mind numbingly slow. His last proper annual review was done around two years ago when he left his last school.
So he technically would be on the EOTIS but due to lack of provision I think it just says specialist SEN provision in section I on his EHCP. Since being here, I have tried to find alternative provision, but they’re either full or not the right age group. I feel really stupid and naive, all I got from the council was an email telling me that the panel outcome was a deferral and they wanted more information but they did not say what information that was. And now they have gone silent. Should I email them telling them I want to appeal then? I am so frustrated, this is the first School that he’s really excited about. I just want something to go right for a change. Does anyone else ever feel sick of fighting constantly?

OP posts:
ElatedHiker · 05/05/2026 19:52

Hello
thank you for responding. We moved last November and the process of moving councils has been mind numbingly slow. His last proper annual review was done around two years ago when he left his last school.
So he technically would be on the EOTIS but due to lack of provision I think it just says specialist SEN provision in section I on his EHCP. Since being here, I have tried to find alternative provision, but they’re either full or not the right age group. I feel really stupid and naive, all I got from the council was an email telling me that the panel outcome was a deferral and they wanted more information but they did not say what information that was. And now they have gone silent. Should I email them telling them I want to appeal then? I am so frustrated, this is the first School that he’s really excited about. I just want something to go right for a change. Does anyone else ever feel sick of fighting constantly?

OP posts:
scoopofmintchocchipicecream · 05/05/2026 20:21

If there is a type of placement in section I, DS doesn’t have EOTAS/EOTIS. With EOTAS/EOTIS, section I should be blank.

Since being here, I have tried to find alternative provision, but they’re either full or not the right age group.

When you say this, do you mean alternative provision? Or do you mean another school setting? Because alternative provision doesn’t have to be provided via a formal alternative provision setting/provider. If you mean the latter, unless the school is wholly independent, on its own being full is not enough of a reason to refuse to name your preference.

When you move LA with an EHCP, the new LA becomes responsible for the EHCP on transfer. The EHCP transfers on the day you move or within 15 working days of the LA becoming aware if that is later. This includes funding the placement in section I if attending is still practicable. If it isn’t practicable for DC to continue to attend the named placement or there isn’t a placement named, the LA must make other arrangements for education, including the provision in F.

Within 6 weeks of the date of the transfer, the LA must inform you when they will review the EHCP. This must be within 12 months of the previous AR or 3 months from the date of the transfer, whichever is later.

If the LA isn’t providing the provision in F, isn’t providing a suitable full-time education under s19 provision (assuming DS is CSA), hasn’t informed you the EHCP has transferred and/or hasn’t held the AR, you need to chase them. Urgently. If they ignore you, you need a pre-action letter.

At the moment, it doesn’t sound like you have the right of appeal. You need the LA to hold an AR meeting. Following the AR process, you will get the right of appeal. You don’t appeal to the LA; you appeal to SENDIST.

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