Changing section I

[asdbaybeeee]

Does anyone know, if we go to tribunal with out a named school and the tribunal agree our child needs a specialist placement so section I is changed to specialist provision. Will our child continue in mainstream school until a specialist school is found or will he be in a ap / pru / tutor situation?

Also if we do a send 7 to request LA consult with independent provision (not section 42) and then delay the hearing date due to not having a school named will the send 7 request still stand or would we need to do it again?

Could be either (or neither. There is a possibility the LA will be ready to name a SS - although you may not agree with it). It depends on the circumstances. It is also worth reading PS v LB of Wandsworth (SEN): [2025] UKUT 239 (AAC).

Be careful asking SENDIST to just name special as type of placement. SENDIST may not agree to only name a type of placement, and if they do agree to, you risk the LA then deciding on a placement that isn’t your preference.

If the hearing is vacated because the case isn’t ready to be heard but you have previously asked, via a SEND7, SENDIST to Order the LA to consult with an independent establishment that isn’t section 41 approved, SENDIST will still look at the SEND7.

Brilliant thank you