Should a SENDIST DDA judgment be reflected in an amended EHCP?

[BeLimeShaker]

Earlier this year we took our child’s former school to SENDIST and won a DDA claim. The tribunal judgement is 22 pages long and I think the the result and the judgement itself should be in the EHCP which is being amended at the moment.

The LEA case worker not sure and we can put it in our bit anyway I guess but I think it’s evidence of the enormous mess that the former school made and it needs reflection somewhere.

Things like the resultant trauma can be included in B (often including wording mentioning previous experiences in education) and corresponding provision for it in F, but IME most of the time the disability discrimination claim wouldn’t be explicitly mentioned in the EHCP. Although I have seen it mentioned and the judgement in the appendices. It somewhat depends on the individual circumstances.

Depending on what settings may be consulted, you might want to think carefully about directly mentioning it. For example, it can sometimes put wholly independent schools off offering a place.

That is a good point, we are phase transfer and going to a wholly independent school in September who don’t know fully know about the trauma that was gone through although it’s alluded to in the current version. I don’t think they’ll reject us now but looking forward if this placement doesn’t work out then others might, but if this placement doesn’t work out who knows where we will go anyway. The former school drove our child at 9 to self harm and suicidal ideation so I think they should know..

I think I will rewrite what I can in section A but leave off the judgement.

Things like the trauma need to be in B rather than A. And provision to meet those needs in F. The EHCP can mention the trauma from previous educational experiences without directly mentioning the disability discrimination case.

Op can I ask what happened in your case. I have a DD hearing next month which we are likely to win because the school hasn't put up a defence.

Thank you @scoopofmintchocchipicecream going in section B /F now as well.

@FloridaCheese ours was very strongly contested by the school, barrister, legal team etc. the head continued to lie in front of the judge… But we won under section 15 equality act - we didn’t have a legal team but the judge asked all the right questions anyway and read all of the evidence- there was about 700 pages.. very impressive. Good luck - despite doing it all ourselves we felt that the whole process was very fair.