Changing provision EHCP

[HateTheUnknown]

Hi all
The school wants to change the provision (section F) in my sons EHCP.
The provision is currently working well and he is making progress. At the most recent parents evening (over telephone) the teacher commented on the support and said it met his needs well.
The school have submitted changes to the LA, which have been sent to senior management for approval and will be coming to me for my consultation. I feel as though the changes are linked to funding and are not best to meet his needs.
Can the school change a provision that is meeting his needs?
What are my options if I don't agree? Tribunal?
Thanks for your advice

Is this following an annual or early review? If so, have you had the paperwork following it? You should have had it within 2 weeks. And have the LA indicated whether they will be amending the EHCP? They should inform you whether they are within 4 weeks.

When the LA issue a revised draft you will get 15 days to comment on it, and when finalised you can appeal.

As long as section F is specific and quantified don't worry about funding. That's the school's problem. If necessary you can enforce provision.

Thanks for response

Currently we have 30 hours 1:1 aba support. School want to change to TA support for 30 hours differing between 1:1 to 1:4.

How would I enforce it?

It is following an annual review (which took place in September!)

If section F is specific and quantified, no woolly wording, the EHCP can be enforced via Judicial Review if necessary. So no need to worry about funding.

If the LA haven't written to you telling you whether they are leaving the EHCP as it is, amending it or ceasing to maintain you should complain. IPSEA have a model letter you can use. If they have written to you you should push for the amended draft EHCP asap as although there is no legal time limit the SENCOP states it should be "without delay."

If you have evidence to support ABA and 1:1 then do appeal if amendments are made you don't agree with.

Thanks

If I appeal and I am successful, can the school refuse to do it?

If section F is specific and quantified (no woolly wording such as equivalent to, would benefit from, access to etc.) and the school are named in section I then the provision must be provided.

However, it is the LA who are responsible for ensuring the provision is provided and and any enforcement action would be against them, not the school. Although willingly refusing to provide provision and not adhering to an EHCP may be close to Disability Discrimination on the school's part.

The school could also claim they can't meet DS' needs. The LA can name them in section I anyway and must name your choice unless -

• The setting is unsuitable for the age, ability, aptitude or SEN of the child or young person; or
• The attendance of the child or young person would be incompatible with the provision of efficient education of others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

Thank you this is so helpful