How can I obtain the appropriate SEND support for my child?
The LA conceded to the tribunal 3 years ago. Since then no support, no EHCP and no help.
The child was bullied at mainstream school and was undergoing tests for autism, although had a diagnosis' of dyslexia
At the same time as the SEND tribunal a 2 year disability tribunal , failure to make reasonable adjustments for dyslexia , could not read the blackboard the tribunal ruled that the child was disabled but the mainstream school did not have a duty to (help) diagnose the child and the child was "choose to sit the spelling" therefore did not discriminate against the child .
Both the tribunals accepted the LA Educational Psychology (EP) report stating the child did not have dyslexia and the parents reports stating he did. The LA harassed parents for a second LA EP report, so they could change their report during the 2 year disability tribunal. The disability appeal was refused and the SEND appeal was ignored. Please help.
I’m afraid it is difficult to offer you relevant information or advise you without more information but, if you believe that your child is unable to access education because he needs a very high level of support, and he does not currently have an EHC Plan, then the way forward would probably be to make a new request for an Education, Health and Care needs assessment. As you probably know, a parent or carer can make a request for an EHC needs assessment, the process that leads to an EHC Plan being issued. It is not necessary for a child to be attending school to qualify for an EHC needs assessment and the request itself does not need to be made in a particular form. The simplest way to make a request for an EHC needs assessment is simply to write to the local authority.
We have a model letter that could be used for these purposes, which can be found here:
It is important to remember the legal test the local authority must apply is section 36(8) of the Children and Families Act 2014 (the Act):
“The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—
(a) the child or young person has or may have special educational needs, and
(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.”
The test is simply whether the child or young person may have SEN and that it may be necessary for the special educational provision to be made for the child or young person in accordance with an EHC Plan.
We think it would be helpful if you could speak to one of our trained advisers so recommend you follow this link to find out how to do this: https://www.ipsea.org.uk/contact/advice-and-support/advice-line