EHCP requirements not being met - independent specialist school

[Candlestickcapers]

Advice please oh wise ones!! History is DS been at indi specialist school for three years. Last Easter had meeting involving LA to agree provision and extra extra funding, went to Pannel all agreed and had new EHCP finalised in August ready to go in September. So the LA paying 50k per year for massively dyslexic DS. One of the main stipulations is assistive technology and training in keyboard skills' it's been recommended by NHS OT and ed psyc for about three years but school just not interested and being independent they seem to be outside of the control of anyone so take no notice, especially not of me. Anyway, despite it now being in EHCP and school having the funding, it's not happening. Been in touch with LA and so far all they've done is admit there is "a gap in provision" they've asked school for a timescale as to when provision likely to be in place. This was before half term. So what now? I have visions of another review at Easter and Groundhog Day? Any advice? Thanks.

I would contact IPSEA for advice about this. You may need to threaten taking the LA to the ombudsman for failing to ensure that the provision in the EHCP is met. Although he is at an indi school the ultimate responsibility is I believe with the LA and as you have made them aware of the gap in provision they should be acting to sort it. If the ombudsman is not the right body to talk to then maybe it will fall to judicial review instead? IPSEA would be best placed to give you the right advice on this though. Be that pain in the bum and insist that things are sorted. Personally I would be in the school and meeting with them and insisting that they give you a date when this will be put in place. It isn't in question that it should be there after all. If they wont then you need to ask them for the reasons why and see if this can be addressed - I suspect it is down to funding and although the LA have provided more it may not be enough, in which case the school need to liaise with the LA and sort it.

Thank you for your reply. It is extraordinary that the trying to work "with" people doesn't seem to work and everything always seems to end up in threats and aggression! Heaven forbid the child being important in any of it!!! I guess you're right, I wll have to move it up a notch or nothing will happen.

The trouble with making a fuss with the LA is that they might make that the green light to take your son out of the school. I would suggest going to the headteacher - and possibly above his or her head - to point out that they have a contractual duty to meet the terms of the EHCP; also that you are worried that if they don't do it the LA might remove him. Perhaps the prospect of losing £50K a year will wake someone up.

Thanks, the LA have admitted "gap in provision" but now blaming the school. My DS seems to be a pawn. See what January brings.

the LA have admitted "gap in provision" but now blaming the school.

But the responsibility for the provision in the EHCP lies with the LA and the EHCP is a legal document.If the school is unwilling or unable to make the provision the LA has a duty to make the provision in some other way. If you can get through to IPSEA they will give you good advice.