Awful LA behaviour re EHCP. Routes of redress.

[SEND2022]

I did make a twitter thread about this as I'm so cross but I'm at the point I'm doubting myself. twitter.com/QueenBx/status/1605882821016489985?t=YuadZUs6tlY99KLc5WVSMQ&s=19

DS is 6, he has had an EHCP since he was 3. He had legal provision for 6 sessions per term direct SALT.

Our NHS have changed their advice for him as per the image so LA have put this provision in his EHCP.

I know I now have to appeal his EHCP but I'm stuck on the interim

A) do they have to maintain the existing provision whilst the new plan is being appealed?

B) I'm also complaining re the fact he has had 8 out of 24 sessions so far. I can't do this with LGO whilst I appeal his plan can I?

You may be able to complain to the LGO about DS not receiving past provision but not about anything to do with the current appeal or anything you could have appealed. So if DS didn’t receive the provision last academic year you may be able to complain about that. You could have begun judicial review proceedings at the time if the F was detailed, specified and quantified.

The finalised EHCP is the legally binding version so unfortunately they don’t have to provide SEP they have removed whilst you appeal. With the long waits for SENDIST this underhand tactic is becoming increasingly common.