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  • Who Should I Complain To? 

    A parent’s guide to school, Local Authority and SEND complaints Empowering Families of Children with SEND When something goes wrong, it can feel stressful and confusing to know who to contact first. This guide is designed to help families understand the right route to take, how to complain, what to expect next, and how to avoid losing time by sending a complaint to the wrong place. Concern or formal complaint? A concern is usually an informal way of saying that something is not working and asking for it to be put right. A formal complaint is a written request for the school, academy trust or Local Authority to look into the issue under its complaints process and give you a formal response. FLAGGING A CONCERN MAKING A FORMAL COMPLAINT Usually an early, informal step. A written request for investigation under the complaints procedure. May be raised with the teacher, SENCo, head of year or an LA officer. Should clearly say: “This is a formal complaint.” Aims to fix the problem quickly. Appropriate when informal action has failed, the issue is serious, or a policy or legal duty may not have been followed. May be discussed by email, telephone or at a meeting. Should identify the issues, evidence, impact and outcome sought. If you want a formal investigation, say clearly that you are making a formal complaint following the school / LA's process. School or Local Authority: who should I complain to? Whether you complain to the school or the Local Authority usually depends on who made the decision, who has responsibility for the issue, and what outcome you need. Some situations involve both the school and the Local Authority. Usually direct these matters to the school: Day-to-day teaching, communication and classroom practice. How the school applies its behaviour, anti-bullying, safeguarding or SEND policies. Staff conduct and the way a school handled an incident. SEN Support, including use of the graduated approach and involvement of parents. Reasonable adjustments and access to lessons, trips, facilities or school activities. Concerns that school staff are not delivering support that should be provided at school support. Usually direct these matters to the Local Authority: Delays or failures in EHC needs assessments, reassessments, annual reviews, amendments or issuing a final EHC plan. Failure to secure special educational provision specified in Section F of an EHC plan. Failure to arrange suitable education where the Local Authority has a legal responsibility to do so. SEND transport decisions or failure to put agreed transport in place. Local Authority SEND services, the Local Offer, personal budgets, or relevant social care services. When both may be involved: If provision in an EHC plan is not being delivered, raise the practical problem with the school as soon as possible and let the Local Authority know, usually by contacting your case officer. If the issue is not resolved, you will need to direct a formal complaint to the Local Authority because it has the legal duty to secure the special educational provision in Section F of the EHC plan. How should I complain to a school? Start by checking the school or academy trust’s complaints policy. This is usually on the school website, or you can ask the school for a copy. The wording and stages may vary, but the process often looks like this: Informal resolution: raise the issue with the relevant member of staff, SENCo or senior leader. Formal complaint: write to the headteacher or the person named in the policy. The school should acknowledge, investigate and respond in writing. Review or panel stage: if you remain dissatisfied, request an investigation at the next stage, often a governing board, academy trust or complaints panel review. At the formal stage, the school should explain what it is investigating, look at relevant records, respond to each complaint point, say whether each point is upheld, and explain what will happen next. The exact process and deadlines will be set out in the school’s own policy. How should I complain to a Local Authority? Use the council’s published complaints procedure and be clear about which SEND service, delay, decision or failure your complaint is about. This is available online and usually involved filling in an online form to begin the process. A typical route is: Stage 1: the relevant service investigates and provides a written outcome. Stage 2: if the complaint remains unresolved, request escalation within the time stated in the council’s response. A senior officer or complaints team will review the handling and outcome. The council’s response should explain its findings, whether each point is upheld, any remedy or service improvement, and how to take the complaint further. Independent escalation: once the council’s complaints process is complete, you may be able to escalate the matter to the Local Government and Social Care Ombudsman if you remain unhappy with the outcome and the issue is something the Ombudsman can consider. The role of the LGSCO The Local Government and Social Care Ombudsman, often shortened to LGSCO, looks at complaints about councils in England. In SEND cases, it can consider issues such as avoidable delay, problems with parts of the EHC process, failure to secure provision in an EHC plan, and some wider issues with SEND services. The LGSCO is not the same as the SEND Tribunal. It usually cannot look at a complaint where there is, or was, a right of appeal to the SEND Tribunal. It also cannot simply change a council’s lawful decision because a parent disagrees with it. Where fault has caused injustice, the LGSCO may recommend remedies such as an apology, a financial payment, action to provide a service, staff training or wider service improvement. Before contacting the LGSCO, families will usually need to give the council a reasonable opportunity to complete its own complaints process. The council’s final response should explain how to take the complaint further. You can find out more here: Local Government and Social Care Ombudsman When should I use a Tribunal rather than a formal complaint? The First-tier Tribunal (Special Educational Needs and Disability), often called the SEND Tribunal, is usually the right route when you are challenging a decision that has a legal right of appeal. This includes decisions such as: Refusal to carry out an EHC needs assessment or reassessment. Refusal to issue an EHC plan after assessment. The description of needs, special educational provision or educational placement in a final EHC plan. A decision not to amend an EHC plan following review or reassessment. A decision to cease to maintain an EHC plan. A useful rule of thumb A helpful rule of thumb is this: if you disagree with the actual EHC decision and that decision can be appealed, the SEND Tribunal is usually the right route. If the issue is about delay, poor communication, poor administration, or failure to carry out an existing duty, the Local Authority complaints process may be the right route. Sometimes both routes may be relevant, but they deal with different issues. Disability discrimination: complaint, Tribunal, or both? A school complaint can be useful if you want the school to look at what happened, follow its policies, apologise, change practice or take practical steps to put things right. However, if the complaint is that a disabled pupil has been unlawfully discriminated against, this may be something the SEND Tribunal can consider. Examples may include failure to make reasonable adjustments, unfavourable treatment because of something arising from disability, exclusion from a trip or facility, or certain disability-related admissions issues. Route Use it for Key point School complaint Internal investigation, resolution, policy compliance and practical remedies. May resolve matters quickly and create a clear written record. Disability discrimination claim A legal claim that the responsible body discriminated against a disabled pupil under the Equality Act 2010. The usual time limit is six months from the alleged discrimination. A school complaint does not stop that time limit. Both Where the family wants an internal response and also needs to protect the right to bring a legal claim. The processes can run alongside each other because they serve different purposes. Top tips for making an effective complaint Choose the right route: Identify whether the issue is about school practice, a Local Authority duty, an appealable EHC decision, or disability discrimination. Say what you are doing: Use the words “formal complaint” and name the stage of the complaints procedure. Use numbered complaint points: Separate each alleged failure so the investigator can respond to every issue. Build a short timeline: List key dates, decisions, meetings, emails and missed actions in chronological order. Attach the strongest evidence: Include only the documents needed to prove each point, such as relevant EHC plan sections, emails, reports and meeting notes. Explain the impact: Describe clearly how the failure affected the child, young person or family. Ask for a realistic remedy: State what would put matters right, for example action, provision, reimbursement, an apology, training or procedural change. Stay factual and focused: Clear, calm and focused language makes it easier for the person reading your complaint to understand the problem and investigate it properly. Keep every record: Save the complaint, attachments, acknowledgements, responses and evidence of when each item was sent. Protect legal deadlines: Do not allow a complaints process to make you miss a Tribunal or court deadline. Seek specialist advice promptly if unsure. Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? We can provide support with formal complaints to both schools and LAs, disability discrimination and tribunals. Book a meeting with us here. And for form information about the bespoke support Empowering Families can provide, email appeals@empoweringSENDfamilies.co.uk If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • Why Should I Not Just Appeal Section I? 

    I am only unhappy with the school named in Section I so surely, I can just appeal Section I? No, you must appeal Section B (needs), F (provision) and I (school placement) if you are not happy with the school named, not just Section I. The reason is simply because: Section I in an EHCP must name the parental preference school unless one of the following applies: The setting is unsuitable for the child's age, ability, aptitude, or special educational needs. The child's attendance would negatively impact the efficient education of other children. The placement would result in an inefficient use of local resources. Number 3 means that the LA must name the most cost efficient (cheapest) school that can meet your child’s needs. Meeting your child’s needs means providing the provision set out in Section F of the EHCP. Because provision must be specified to meet each and every need in Section B, if the wrong school is named in the EHCP it is almost always due to deficits in Sections B and F. If there are needs missing in B, there will be provision missing in F and the wrong school will be named in I. If you are not happy with the school named in Section I of your child’s EHCP, you will need to evidence that: There is provision specified in F that the school the LA named cannot provide. There are needs and provision missing from Sections B and F and once added, the named school will not be able to provide the provision. There is a cheaper school that can provide all of the provision in Section F. Remember, you will need to evidence this using written professional evidence. In almost all successful school placement Tribunal appeals, parents must: Appeal Section B, F and I. I Am Not Happy With The School Named In My Child’s EHCP. What Can I Do? Provide evidence on the needs and provision missing in Section B and F. Use the Working Document process to change Sections B and F of the EHCP so all needs are specified and all necessary provision is lawfully specified and quantified. Working Documents: What are they and How to Edit them as a Parent Evidence that their preferred school is the only school that can provide the provision set out in the Working Document. or that their preferred school is the cheapest school that can provide the provision set out in the Working Document. Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk Book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • Tribunals

    This article explores the Tribunal process in more detail. Tribunals make decisions about your child's EHCP, with the First Tier Tribunal (FTT) being responsible for SENDIST. A Tribunal can consider various EHCP issues, and the process is designed for parents to navigate. The hearings are less formal than court hearings, and attendees are expected to follow the procedural and Tribunal rules. You will be notified in writing of the hearing outcome within 10 to 14 days. What are they? Tribunals make decisions about your child's EHCP. They were formed in 2007 by the Tribunals, Courts and Enforcement Act. The FTT – First Tier Tribunal is also known as SENDIST. Tribunals provide a specialist forum for resolving disputes in particular areas of law, using judges and specialist panel members with relevant expertise. Members of the Tribunal have expert knowledge and experience on the subject being heard. The Tribunal process is intended to be accessible to parents, although many families find it helpful to seek advice and support. What EHCP issues can I appeal to the First Tier Tribunal (FTT)? A Tribunal can consider the following decisions if an LA: Refuses to carry out an EHC NA (Education, Health and Care Needs Assessment) Refuses to re-assess a child's needs Refuses to issue an Education, Health and Care Plan (EHCP) Refuses to amend an EHCP following an Annual Review Decision to cease an EHCP Disputes about the content of an EHCP once it has been finalised: Section B (the child's needs/difficulties), Section F (the child's provision), Section I (the educational environment or institution) If no school or educational institution is named in Section I Where health and social care issues are linked to an education appeal, the Tribunal may make non-binding recommendations regarding Sections C, D, G and H. Failure to secure EHCP provisions or adhere to statutory time frames in Education, Health and Care Needs Assessments cannot be considered by a Tribunal but can be challenged through The LA's formal complaints process, The Local Government and Social Care Ombudsman or Judicial Review. For SENDIST procedural rules in full, see here: For SENDIST practice direction in full, see here: School Consultations During and Appeal and What Happens if My Preferred School Says It Is Full? When parents appeal to the SEND Tribunal about the school named in Section I of an EHCP, the Local Authority must usually consult the parents' preferred school or setting. It is important to understand that a school simply being "full" does not automatically mean it can refuse a child with an EHCP. During an appeal, the Tribunal will consider whether the school is suitable for the child's age, ability, aptitude and special educational needs, and whether admitting the child would be incompatible with the efficient education of others or the efficient use of resources. The school and Local Authority will normally be asked to provide evidence to support their position. If a school argues that it is full, it should explain why admitting an additional pupil would cause significant difficulties that could not reasonably be addressed. Parents can provide their own evidence about why the placement is appropriate and how the school could meet their child's needs. The Tribunal will then make an independent decision based on all of the evidence, and in some cases it can order a school to be named in an EHCP even where there are no current places available. Tell me about the hearing. Tribunals are not unnecessarily formal, but attendees are expected to follow the procedural and Tribunal rules. These include being appropriately dressed, not eating or drinking anything other than water during the hearing, and being respectful to all concerned. Parties must not record Tribunal hearings without permission from the Tribunal. Tribunal hearings are less formal than court hearings. Hearings may take place online, in person or in a hybrid format depending on the circumstances and Tribunal arrangements. This helpful video (also available with BSL) will help ease any anxiety you may have surrounding what to expect and take you through: How to prepare for the hearing What will happen on the day How you should behave in the hearing The Tribunal may still proceed if any party fails to attend the hearing. What is a Case Management Hearing (CMH)? In some appeals, the Tribunal may arrange a Case Management Hearing before the final hearing takes place. A Case Management Hearing is not the same as the final Tribunal hearing. Instead, it is used to help manage the appeal and make sure everyone is clear about what needs to happen before the case can be decided. A Judge may use a Case Management Hearing to: Clarify the issues that remain in dispute. Give directions about evidence that needs to be obtained. Set deadlines for the parties. Consider requests for witnesses to attend. Resolve procedural issues. Ensure the appeal progresses fairly and efficiently. Case Management Hearings are usually conducted remotely by telephone or video call and are usually much shorter than the final hearing. Parents should prepare in the same way as they would for any Tribunal event and ensure they have read all relevant documents before attending. It may be helpful to book a meeting at one of our Tribunal Clinics to plan for a case management hearing. A clinic appointment can be booked here here. What is Judicial Alternative Dispute Resolution (JADR)? Judicial Alternative Dispute Resolution (JADR) is a meeting facilitated by a Tribunal Judge which aims to help parents and Local Authorities resolve some or all of the issues in dispute without the need for a full hearing. A JADR is not a final Tribunal hearing and no binding decision is imposed by the Judge at that stage. Instead, the Judge will explore the strengths and weaknesses of each party's position and encourage constructive discussions about whether agreement can be reached. The benefits of JADR can include: Earlier resolution of the appeal. Reduced stress for both parties. Avoiding the need for a lengthy final hearing. Narrowing the issues that still require determination. Providing an opportunity for productive discussions with the Local Authority. If an agreement is reached, the appeal may be concluded without proceeding to a final hearing. If the issues cannot be fully resolved, the appeal will continue and be listed for a final hearing before a different Tribunal Judge. Many appeals settle before reaching a final hearing, and JADR can be an effective way of achieving a positive outcome for children and young people without the uncertainty of waiting for a Tribunal decision. It may be helpful to book a meeting at one of our Tribunal Clinics to plan for a JADR hearing. A clinic appointment can be booked here here. Top Tip for Families Whether you are attending a Case Management Hearing, JADR, or a final Tribunal hearing, remember that evidence is key. Independent professional reports, school records, progress data, and clear evidence of need and provision will generally carry more weight than personal opinion alone. Your focus should always be on demonstrating your child's special educational needs and the provision required to meet those needs. When will I be notified of the outcome of the hearing? You will usually be notified in writing as soon as is 'reasonably practicable'. Tribunal decisions are usually issued in writing within a few weeks of the hearing. When you receive the decision, read it through carefully. Should the Tribunal be in your favour – congratulations! Success is what we all strive for, and the relief can be overwhelming. Take some time to let this sink in and become a reality after all the hard work and commitments from everyone involved. You did it! Should you have been unsuccessful, you must analyse the reasons and consider your expectations for success and the evidence provided. Success can only be achieved with evidence, no matter how much money you have spent on representation. Facts, evidence, and high-quality assessments are key to success. Not having sufficient evidence and relying on your own personal views and disagreements will not be enough to ensure a successful result. Failure is also overwhelming and will require time to accept and consider the future steps you wish to take. Following a Tribunal decision, a party may seek permission to appeal to the Upper Tribunal if they believe the First-tier Tribunal has made an error of law. If you require support with the Tribunal process, please feel free to contact us. We are always happy to help. Where do I go from here? For further information on specific appeals please see: EHCP refusal to Assess EHCP refusal to Issue The contents of an EHCP (Sections B and F) The school named in an EHCP (Section I) What happens after a Tribunal hearing? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • Different Types of Schools and Finding One

    This article discusses the different types of schools available for children with special educational needs and disabilities (SEND), including maintained mainstream schools, independent mainstream schools, maintained mainstream schools with hubs/units, maintained special schools, and independent specialist schools. It also provides guidance on how to find schools in your area and where to access further information about a specific school, including sources such as the SENDCo, the school's SEND Information Report, and its Accessibility Plan. Types of Schools There are two main types of schools: 1. Mainstream Schools Maintained & Academy Mainstream Schools These are sometimes referred to simply as mainstream schools. They are government- funded and can meet the needs of most children with Education, Health and Care Plans (EHCPs). Independent Mainstream Schools These are fee-paying schools, and some admit children with EHCPs. They are often considered when a child requires a mainstream education, but their needs cannot be met in a larger school with class sizes of around 30. Independent Schools often have smaller class sizes of up to 20 pupils. Mainstream Schools with Hubs/Units These are specialist units that are part of a mainstream school. They are government- funded, and there is usually an expectation that the child can access (or work towards accessing) some learning in mainstream classes. Special Schools Maintained & Academy Special Schools These are government-funded special schools. They typically cater for a wide range of SEND needs in small class sizes—up to approximately 12 pupils—with high adult-to- student ratios and specialist staff. Independent Special Schools These are fee-paying schools and usually only admit children with EHCPs. They often specialise in particular areas of SEND, although some support a wider range of needs. These may be approved by the Secretary of State under section 41 or the Children and Families Act 2014, or not. Choosing a school when your child has an EHCP If your child or young person has an Education, Health and Care Plan (EHCP), you have a legal right to request that a particular maintained school, academy, further education college, non-maintained special school or Section 41 approved independent special school is named in Section I of the plan. The local authority must consider your preference and can only refuse it for specific legal reasons, such as if the setting is unsuitable for your child’s age, ability, aptitude or special educational needs, if their attendance would be incompatible with the efficient education of others, or if it would be an inefficient use of resources. Importantly, a school simply being “full” is not, on its own, a lawful reason to refuse a parental preference. Where a mainstream placement is requested, the law also says that children and young people with EHCPs should be educated in a mainstream setting unless specific legal exceptions apply. What about independent schools that are not Section 41 approved? Parents and young people can ask a local authority to consider an independent school or college that is not approved under Section 41 of the Children and Families Act 2014. However, these settings are treated differently from maintained schools, academies, non-maintained special schools and Section 41 institutions. The local authority is not under the same duty to name a non-Section 41 independent school and must first be satisfied that the placement is appropriate for the child or young person’s special educational needs. When considering whether to name the setting, the local authority must take account of the child’s needs, the parents’ views and the educational, health and social care benefits the placement would provide, alongside any additional costs. In reality, a non-Section 41 school will only be agreed if the local authority is satisfied that there is no other school that can meet your child's needs. If a non-Section 41 independent school is ultimately named in Section I of the EHCP, the local authority becomes responsible for securing that placement. Finding Schools in Your Area If you are seeking a suitable placement for your child: Visit your County Council or Borough website and search for "The Local Offer". This will provide information on local authority-maintained schools. For specialist independent schools, refer to The Good Schools Guide. To search for schools more broadly, consult the Department for Education (DfE) website. All schools registered with the DfE are listed there. You can filter by school type (mainstream/special), age range, location, and distance. Finding More Information About a School The following sources can provide more detailed insights into a school's provision for SEND: SENDCo Every school must appoint a Special Educational Needs Coordinator (SENDCo). According to Section 49(2) of the SEND Regulations 2014, the SENDCo must be a qualified teacher and must begin the recognised SENDCo qualification within three years of appointment. Note that not all SENDCos are fully qualified upon taking up the post. SEND Information Report Maintained schools and academies are required to publish a SEND Information Report, and many other education providers publish similar information. (See Schedule 1 of the SEND Regulations 2014.) Accessibility Plan Schools must publish an Accessibility Plan under Schedule 10, Section 3(4) of the Equality Act 2010. This plan should be reviewed regularly. Further guidance can be found in Chapter 6 of the Special Educational Needs and Disability Code of Practice: 0–25 Years (January 2015). If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • Working Documents: What are they and How to Edit them as a Parent

    This article provides information about working documents and how to use them to support agreement in the Tribunal process. What is a working document? Working documents are a key part of content appeals (Sections B, F, and I). They are a Word version of the EHCP that is sent by the LA to the parents, usually when the LA send their response to the appeal. The case directions will state when the working document must be sent, and if you do not receive the working document by this date, contact the LA's Tribunal Representative and request it. If you still do not receive it, email SENDIST, copy it to the LA's Tribunal Representative and inform SENDIST that you have not received the working document as ordered in the case directions despite sending a reminder email to the LA's representative. A tribunal can only rule on Sections B, F, and I of an EHCP and advise on Sections C, D, G and H. If your appeal is in relation to Sections B and F only, then these are the only sections of the plan that you should amend in the working document. If your appeal also relates to Sections C, D, G and/or H, then you should also make amendments to these sections. Sometimes, the working document sent by the LA only includes the relevant sections. Sometimes, it includes the whole EHCP. If the whole EHCP is included, ignore the sections that are not directly relevant to your appeal. The working document sent to you by the LA is Working Document 1 and should be titled "Number 1" and dated. When should I begin working on the working document? It is best to wait until you and the LA have submitted all the evidence before working on the working document. Once all evidence has been submitted, you can work through the evidence to see what changes to the EHC plan are needed. How do I use the working document? Make the amendments and additions to the EHC plan on the working document using the key below. You need to cross reference each addition to the professional evidence that you have taken it from using footnotes. Insert footnotes can be found in the references tab. Don’t copy chunks from professional reports into the working document. The tribunal will be unhappy about working documents which are too long. Instead, quote or paraphrase the key points which show the relevant needs or provision. An example page from a completed working document is included at the end of this blog. What key should I use for amendments? This is the key that should be used to make amendments to the working document. How do I know what changes are needed? To identify what changes are needed to Sections B and F of the working document, go through all the evidence highlighting the special educational needs identified and the special educational provision recommended. Our EHCP checking webinar series will help you to do this and is available here: Session 1 Session 2 When you are happy with the amendments you have made to the working document, change the title to Working Document 2, redate it and send it to the LA Tribunal Rep. You do not need to send it to SENDIST at this time. The Tribunal case directions will include a deadline for submitting the working document with both parties’ amendments to the Tribunal. This is typically done with the Case Review form and then again, usually 10 days before the appeal hearing. You and the LA can continue to work on it after it has been sent to the Tribunal; just ensure that the most recent version is sent to them by no later than the day before the hearing. In addition to cross-referencing and adding all necessary needs and provisions to meet these needs, you should check that the provision in the original EHCP is properly quantified and specified. Again, our EHCP checking webinar series will help you to do this, and key principles are outlined in the following laws. All SEN must be identified. All of the child or young person’s identified special educational needs (“SEN”) must be specified (Section 37 of the Children and Families Act CFA). Provision to meet all SEN must be identified. Section 37 of the CFA requires the LA to specify the special educational provision required. “Provision must be specified for each and every need specified in Section B”: SEND Code of Practice (COP2015 ) #9.69(F) Provision must be specified and quantified. “Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget”: COP2015 #9.69(F). ‘The real question is whether the statement/EHCP is so specific and so clear as to leave no room for doubt as to what has been decided and what is needed in the individual case’. L v Clarke and Somerset [1998] ELR 129 at 27.opp What happens next? The LA should then use the working document to narrow down the key issues by accepting anything with which they agree, using the key to indicate agreement. The LA may also suggest other amendments using the key. The document will be exchanged between you and the LA until the hearing date, with agreements being reached. Each time a new working document is sent, it must be renumbered and redated. By the time you get to the appeal hearing date, the areas of the working document that are not agreed upon will be the focus of the hearing. If you are asking for a particular placement, think about how your child or young person’s needs and provision can show that this placement is needed. For example, if you are looking for an extended day curriculum, then it needs to be clear from section F that your child or young person needs educational programmes to meet their special educational needs outside of the normal school day. What if I cannot access a working document using the tribunal key? The current working document key is not accessible to all users, such as those with dyslexia, due to the use of underlined and italic fonts. If it is difficult for you to engage with the working document because the key is not accessible or you have any special educational needs, please let your LA know. You and your LA can set out all the issues in a detailed list if that is easier for you, and the Tribunal are happy to accept either a working document or a detailed list of issues between the parties if you need to use such a list. If you do decide to write a list of issues rather than use a working document, some top tips are: Do not use colour to indicate your and the LA’s comments – the SEND Tribunal does not use colour printing. Make sure you include all the changes you wish to see. Be as detailed as possible, and reference evidence and reports to back up your comments and requested amendments. Be clear about which of the LA’s comments and which sections of the EHC plan you do not agree with. Who should I share the working document with? In addition to the working document being sent between you and the LA and being sent to the Tribunal as set out in the Case Directions, you also need to send the latest version of the document to your witnesses so they know what changes are being requested. If someone is helping or supporting you on the day of the hearing, make sure they have a copy of the working document, too. Example extracts from a working document showing the use of the key and footnotes. Where can I get help with my working document? If you require additional support, find out how Empowering Families of Children with SEND can help you here. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • Completing a Case Review Form for a Refusal to Assess (RTA) Tribunal

    Learn how to locate, edit, and complete your Case Review Form (CRF) for a Refusal to Assess appeal, with clear step-by-step guidance and practical tips. You can find the Case Review Form (CRF) at the back of your Case Directions. This is the long PDF document that Tribunal emailed to you when you lodged your appeal. To turn this into an editable document, follow the steps below: Download the full PDF. Open a blank document in Word. Click file. Select Open. Locate and select the case directions PDF. This will transfer the full case directions PDF into an editable Word document. You can now delete all of the information you do not need, leaving just the Case Review Form in an editable Word document. Completing a Case Review Form for a Refusal to Assess Appeal: If your child’s name and appeal number are not already included in the form, add them into the beginning of the CRF. Section 2 - If you have submitted all your evidence, tick yes, the appeal will be ready to be heard by the final hearing date. If you need to request a change to the hearing date or final evidence date, tick no. If you have agreed a new timetable, with the LA, add it here. If you have not agreed one yet but want to suggest one, give details here. If you have someone acting for you, they should complete and return the CRF on your behalf. If you do not have someone acting for you tick no and the rest of Section 3 is not relevant. If you are having an online hearing (this is very unusual for an RTA appeal as they are almost always heard based on paper evidence only) and a parental supporter or advocate (this is not a representative) is attending, add details to Section 4 to reflect who will be attending and their status. If it is a paper hearing, this section is not relevant, and you can put n/a in the name box. Add your details if you are attending and tick yes or no to indicate whether your child is attending or not. If you are having an online hearing, you are bringing witnesses and you know who they will be, fill in their details in Section 5. If you do not yet know whether you will be bringing witnesses or who they will be, you can put ‘To Be confirmed’. If you have any special requirements, put them in Section 7. And in Section 8, tick whether you agree to your hearing being heard based on papers rather than via an online hearing that you attend, or not. Add anything else that you want to tell the Judge to Section 9. Sign and date your form in Section 10. And return your completed CRF to SENDIST at send@Justice.gov.uk If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • Completing a Case Review Form for a Refusal to Issue (RTI) Tribunal

    Learn how to edit and complete your Case Review Form (CRF) for a Refusal to Issue appeal, with clear instructions to ensure accurate and timely submission. You can find the Case Review Form (CRF) at the back of your Case Directions. This is the long PDF document that Tribunal emailed to you when you lodged your appeal. To turn this into an editable document, follow these steps: Download the full PDF. Open a blank document in Word. Click file. Select Open. Locate and select the case directions PDF. This will transfer the full case directions PDF into an editable Word document. You can now delete all of the information you do not need, leaving just the Case Review Form in an editable Word document. Completing a Case Review Form for a Refusal to Issue Appeal: If your child’s name and appeal number are not already included in the form, add them into the beginning of the CRF. Select this box in Section 1: Section 2 is not relevant to a refusal to issue appeal: This is all you need to complete in Section 3: Section 4, 5 & 6 are not relevant to refusal to issue appeal: If you believe your evidence will be submitted and therefore the appeal will be ready to be heard by the hearing date, tick the yes box in Section 7. If no, tick no. If you do not feel the hearing will be ready to be heard, and you want to request a delay to the hearing date, or you want to request a delay to the final evidence date, tick the yes box in Section 8 and fill in the date changes you are requesting. If you feel the appeal will be ready by the hearing date, this section is not relevant. If you have someone acting for you, they should complete and return the CRF on your behalf. If you do not have someone acting for you tick no and the rest of Section 9 is not relevant. If it is an online hearing, complete Section 10 to reflect who will be attending. If it is a paper hearing, this section is not relevant, and you can put n/a. If you are having an online hearing, you are bringing witnesses and you know who they will be, fill in their details in Section 11. If you do not yet know whether you will be bringing witnesses or who they will be, you can put ‘To Be confirmed’. Section 12 - If your witnesses have not provided a witness statement yet, tick no and explain why here. If they have, tick yes and put n/a in the reasons box. If you have any special requirements, put them in Section 13. And in Section 14, tick whether you agree to your hearing being heard based on papers rather than via an online hearing that you attend, or not. Add anything else that you want to tell the Judge to Section 15. Sign and date your form in Section 16. And return your completed CRF to SENDIST at send@Justice.gov.uk If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • Completing a Case Review Form for a B F & I Tribunal

    Learn how to complete a Case Review Form for your B F & I Tribunal appeal step-by-step. Easily edit the CRF from your Case Directions PDF and ensure all sections are filled correctly for your SENDIST hearing. You can find the Case Review Form (CRF) at the back of your Case Directions. This is the long PDF document that Tribunal emailed to you when you lodged your appeal. To turn this into an editable document, follow these steps: Download the full PDF. Open a blank document in word. Click file. Select Open. Locate and select the case directions PDF. This will transfer the full case directions PDF into an editable word document. You can now delete all of the information you do not need, leaving just the Case Review Form in an editable word document. Completing a Case Review Form for a B, F & I Appeal: If your child’s name and appeal number are not already included in the form, add them into the beginning of the CRF. Select this box in Section 1: In Section 2, put the version and date of the most recent working document. If the working document process has not started yet, tick the no box and explain that the LA have not sent the first working document yet in Section 15. If Sections B, F and I remain to be agreed, this is what you need to complete in Section 3. If Section B, F or I are already agreed, leave the agreed section(s) out. In Section 4 tick whether your child is currently attending school or not. If they are not, add details of what education they are being provided into the box. If they are not being provided with education, state this. In Section 5 & 6 add details of the school that you want to be named and the school the LA are naming. If either are not yet clear, state this in the box. If you are not able to name a preferred school yet, explain why and when you hope to be able to do so. If all you evidence has been submitted and therefore the appeal will be ready to be heard by the hearing date, tick the yes box in Section 7. If no, tick no. If you do not feel the hearing will be ready to be heard, and you want to request a delay to the hearing date, or you want to request a delay to the final evidence date, tick the yes box in Section 8 and fill in the date changes you are requesting. If you feel the appeal will be ready by the hearing date, this section is not relevant. If you have someone acting for you, they should complete and return the CRF on your behalf. If you do not have someone acting for you tick no, and the rest of Section 9 is not relevant. If it is an online hearing, complete Section 10 to reflect who will be attending. If you are having an online hearing, you are bringing witnesses and you know who they will be, fill in their details in Section 11. If you do not yet know whether you will be bringing witnesses or who they will be, you can put, ‘To Be confirmed’. Section 12 - If you witnesses have not provided a witness statement yet, tick no and explain why here. If they have, tick yes and put n/a in the reasons box. If you have any special requirements, put them in Section 13. And in Section 14, tick whether you agree to your hearing being heard based on papers rather than via an online hearing that you attend, or not. (We do not recommend a paper hearing for a Section B,F & I appeal.) Add anything else that you want to tell the Judge to Section 15. Sign and date your form in Section 16. And return your completed CRF to SENDIST at send@Justice.gov.uk If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • What Happens After a Tribunal Hearing?

    Whether you have a paper-based or ‘face to face’ online hearing, there are strict timescales that are applied once you receive your Tribunal Order. Up to 10 days after the appeal hearing, you will receive the ‘result’ as a Tribunal Order, emailed by SENDIST. When SENDIST Judges and admin processes are extremely busy, these can take longer than 10 days. If you have been waiting more than 10 days, it is worth contacting SENDIST by telephone to make sure that everything is in order and ensure that your case has not been overlooked. The Tribunal Order will explain what decision or decisions the Judge has made and why. Refusal to Assess Appeals When the Tribunal orders the LA to carry out EHC needs assessment, the LA must notify you that it will make an assessment within two weeks of the SENDIST order. Following the assessment: if the LA decides not to issue an EHC plan, they must so notify you within 10 weeks of the SENDIST Tribunal order; and if the LA decides to issue an EHC plan, they must issue the finalised EHC plan within 14 weeks of the SENDIST Tribunal order. If the LA refuse to issue an EHCP following an EHC Needs Assessment, you can appeal this decision. More details can be found here. Refusal to Issue Appeals When the Tribunal Orders the LA to issue an EHCP, the LA must issue a draft EHC plan within 5 weeks of the SENDIST order. When you receive your draft EHCP, you will have 15 days to check and respond to this. It is imperative that your EHCP is thoroughly checked, and a robust response prepared and sent to your LA. These webinars – one wording / two professional evidence - will support you to do this and if you would prefer to use our industry leading bespoke draft checking service, please email EHCPchecks@empoweringSENDfamilies.co.uk for further details. You will find testimonials for our bespoke services on our website and Facebook business page - here  B, F & I Appeals When the Tribunal Orders the LA to make changes to Sections B (needs), F (provision) and/or I (placement) of your child’s EHCP, the following applies: Where the LA has been ordered to amend the special educational needs and/or provision specified in the EHC plan, the LA must send you an amended EHC plan within 5 weeks of the order being made. Where the LA has been ordered to name a specific school, other institution or type of school or other institution, they must send you the amended EHC plan within two weeks. What Should I do if the LA does not Meet These Deadlines? If your LA fails to meet the legal deadlines set out above, SENDIST Tribunal cannot support you. Their remit regarding changes to the EHCP ends once the Order is sent. To challenge an LA who fails to meet final Tribunal Order deadlines the options to challenge this are: Use the LA’s formal complaints process - more details here Use Judicial Review Pre-Action Protocol – more details here So where do I go from here, how can Empowering Families of Children with SEND Ltd help me? Join our Facebook Support Group here Individual support meetings with our Tribunal Team can be booked here If you require additional support, find out how Empowering Families of Children with SEND can help you here. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • EOTAS/EOTIS/EOTIC   

    Aesop’s Fable stated, ‘be careful what you wish for’ that and the not quite as old, ‘don’t believe everything you read’ can apply to EOTAS. Let’s get the abbreviation’s cleared up at the beginning, this is Education Other Than At School, Education Other Than In School and Education Other Than In College: I may have missed out on other variations, but you get the general idea. From here on I’ll be using EOTAS for ease of understanding. EOTAS can be the perfect solution for your child’s Special Educational Provision, and it can also be a cheap and not so cheerful box ticker. This is a controversial opinion, but one that we are seeing evidence of at both draft check and Annual Review. As with all things EHCP it’s about the evidence; evidence of needs and provision, and most importantly for EOTAS how Section F is written – this is provision that can’t be made in a formal educational environment or institution. This is provision your child cannot access in any educational institution or environment. There’s an unfortunate myth that is banded about that EOTAS is THE Blue Whale Card in Awesome Animals Top Trumps, the Christmas Cake in Great British Bakes – it is the Top Trumps best of the best. In reality, it can be anything but. This is often hindered by social media, where myth perpetuates that is it all about ensuring that Section I is blank (EOTAS) when in fact it is really about Section F being specified and quantified thoroughly, which in turn evidences that the provision (that’s Section F) cannot be made in a school, and therefore Section I is left blank by default. Spoiler Alert – Local Authorities love to convince parents that they have ‘the mythical EOTAS package’ and they should be eternally grateful. In reality this is little more than a poor Alternative Provision package, core subjects online with an online tutor, MindJam, swimming lessons/off peak gym membership, and an enrichment activity. Is this a true reflection of a highly specific Section F? We see EHCP’s for children and young people with significant needs, who are in receipt of terrible EOTAS packages, low cost and not able to provide the education and holistic support that should be in place, but they have the ‘EOTAS’ that is so highly prized. The unfortunate truth is that there are some children and young people who would be better supported in a Specialist Independent School with a fully bespoke, needs differentiated curriculum, a full time 1:1, a supportive peer group to promote social skills, over EOTAS at home, and increasing isolation from a needs appropriate peer group. The cost of this is higher than the EOTAS package, the time to reengage the child or young person, takes commitment from the school, time and patience for the transition, and professional support. Leave the child/young person at home and this step is removed – for the time being at least. Then hand over to adult social care. This is the bottom line: many children and young people cannot access an educational placement, and their needs cannot be met in any educational placement. Others, with a robust EHCP that has each and every need identified with highly specific provision, could receive their education in specialist independent – but a poor EOTAS package is cheaper, and the Local Authority knows that EOTAS has been raised as the 10/10 jackpot – and that parents will be grateful, relieved and will not be beating on their doors requesting more. We know that LAs provide a poor Section F because they want: the child/young person to be so bored that they ask to go back to school – and every child is entitled to a full-time mainstream education. the young person to get past compulsory school age, disengages and give the LA the golden opportunity to cease the Plan. EOTAS to have time restrictions imposed, so, again this is just extended Alternative Provision. With Elective Home Education you have no financial support, however, you are not at the beck and call of the LA, and the provision is your choice and fully centred to what you and your child wants to do and achieve. EOTAS, by comparison is still controlled by the LA – and they have a legal right to provide it themselves rather than through a personal budget. If they do agree a personal budget, they will hold you to tight rules around spending, accountability and invoices. This is not your money, or even your child’s money. It is ‘public purse’ money, and the LA are responsible for it. So, EOTAS Section F, how specific is specific? To ensure Section F has provision that has been converted from school based to highly bespoke, how much is enough? Where is this information taken from, can you, as a parent do this? Unfortunately, not, just as in any EHCP Section B and F, this information must be from your professional reports, which must themselves be highly specific, and show that no school can provide, and your child cannot attend any school. Is this likely to be from an LA engaged professional, have you seen any flying pigs lately? Any EOTAS package identified by an LA EP will be the most basic and yes, cheap and cheerful. EOTAS: the Legal Truth It really is all about Section F... EOTAS can only be agreed when a Local Authority (or Tribunal) agree that it would be inappropriate for the provision in Section F of an EHCP to be made in a school or post-16 institution. Where a child has an Education Health and Care Plan, under section 61 of the Children and Families Act 2014, the Local Authority may arrange for any special educational provision to be made otherwise than in a school if satisfied that it would be inappropriate for the provision to be made in a school. “(1) A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided. (2) An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place. (3) Before doing so, the authority must consult the child’s parent or the young person.’ Section 42 of the Children and Families Act 2014 places the local authority under a duty to make sure that all of the provision in an EHC Plan is in place. And once again, it is all about Section F... If provision is not specified and quantified in Section F, there is no way to ensure that it is provided, and it can be removed or stopped by the LA at any time. Provision being detailed in Section J is no guarantee of delivery. It really is entirely about Section F. Section F should set out the SEP required by the Child or Young Person. (Regs2014 r12). The Special Educational Provision is the education or training provision rather than the provider of that provision. Of course, what is specified in section F might be expressed in a way in which, in practice, the provision could only be made other than at a school, but it should not state that conclusion. Parents must be consulted before EOTAS is agreed. CFA2014 s61(3) requires an LA to consult the child’s parent or young person before providing EOTAS. And Section I must be left blank... If the child does not attend a school or other institution at all, section I should be left blank: Derbyshire CC v EM and DM [2019] UKUT 240 (AAC) #15-24. How is EOTAS Funded/Provided The legal responsibility to provide EHCP provision rests with the LA and this applies to EOTAS EHCPs as well as all other EHCPS. Section 42 Children and Families Act 2014 The LA has 2 options for delivering EOTAS provision: 1) The local authority commissions the provision themselves through suppliers they have vetted, checked and agreed are suitable. 2) Parents request to manage the EOTAS package themselves through a Personal Budget. This may come with greater flexibility, but it also comes with a very hefty time commitment from parents and the LA will still set the rules, because they are responsible for the provision. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • EHCP and SEND Meetings - Top Tips

    Mediation Meetings – the meeting you really don’t want to have – are they worth considering, who should attend and what happens? Mediation meetings are most successful for Refusal to Assess (RTA) – read more here And on occasion Refusal to Issue (RTI) – read more here We would not recommend that you use a Mediation meeting for a contents or contents and placement appeal, as this is highly unlikely to be successful. The changes for B, F & I or a B & F appeal are complex, costly and if the LA were going to agree these changes, they would have done so at draft check. For more information on why it’s essential to check your draft EHCP see our blog here For RTA and RTI Mediation it’s critical that you have all of your evidence available. Yes, you will have presented this at EHC NA, but now you must collate this in summary form, and cross reference to SEND law. If you have been able to acquire any additional professional evidence since the application went in – and this applies significantly to Refusal to Issue, it’s essential that you make this available. Bullet point all of your reasons, your evidence and cross reference all to SEND law – remember that LAs use unlawful “policy”, and you must be able to show where this is happening. Our EHC NA webinar will give you SEND law to support this and is available here Make this document available to the LA and the Mediator prior to the meeting. You can email it as an attachment, and state that you wish this information to be used at the meeting. This will form the basis of your discussion and focus on the law and evidence. Call or email the LA prior to the meeting and insist that they send a representative with decision making authority to the Mediation. It’s easy to assume that this is a given – it's not. Having an LA member of staff who can give a decision at the meeting saves time, stress and means that information is not having to be passed back – and lost in translation. There will be at least one representative from the LA at Mediation, sometimes two, along with the mediator. There are many mediation agencies used, so don’t worry if yours is different to other peoples. You can also bring along someone to support you, a friend or relative, someone who knows your child in a professional capacity, or an advocate. Anna and Sarah at Empowering Families of Children with SEND Ltd provide bespoke Mediation meeting support, should you feel more able to undertake this with a professional legal SEND advocate. The meeting will happen via Teams or Zoom, and you will be sent an invite for this. The mediator will introduce themselves, and each person involved with the meeting will do the same in turn. If you would rather not be visible – just turn your camera off. Mediation is a ‘without prejudice’ meeting – what happens in mediation, stays in mediation – you cannot use this for your appeal or refer to the discussion after mediation has taken place. The mediator will do a general ‘housekeeping’ and let you know about using the raised hand facility to ask questions, and to feel free to take a break if you need to. Then you will have your opportunity to use your evidence and refer back to it. Remember to always use SEND law over emotional responses – which is hard, because this is an exceptionally emotional time. If this will be, or becomes too difficult, ask the person supporting you to take over, or talk on your behalf. You can always answer direct questions about your child. If you have a professional representing you, Local Authorities can be rattled. Don’t worry, we are used to this and will always be professional – but assertive. We are trained in SEND law, and as we always say, ‘law trumps policy, Every. Single. Time’. Once the discussions have taken place, the LA representative may ask for ‘a few minutes’ to consider (or make a frantic phone call back to base!). If they have decision-making authority, they should be able to give you a decision on the day, if not they will take the mediators report back and put it to panel. If an agreement is made to assess or issue you will receive this in writing following the mediation meeting, along with the next steps. If the decision not to assess or issue is upheld, you'll be issued with a mediation certificate, and you must register your appeal as soon as possible. See our blog on appeal to tribunal for refusal to assess here and refusal to issue here. Annual Review meetings what happens, and what do I need to do to prepare? Annual Reviews happen at least once a year, or, in the case of a child under 5 years old, between 3 and 6 monthly. If your child is moving to the next phase of education, they will also have an additional Annual Review in the Autumn term in the year prior to their move to the next phase. We discuss everything you need to know about these in our dedicated webinar here, our Annual Review blog here and on our YouTube channel here Coproduction Meetings Not every LA will be enthusiastic about offering or providing Coproduction Meetings, but they are something that you should request. They are most effective following draft check, to go over the requested amendments. Following a draft check, request that the LA provide you with Draft #2, and that you have a Coproduction Meeting to discuss the amendments. Coproduction Meetings give you the opportunity to push forward your amendments and to hear any reasons why the LA don’t agree. You will need to be assertive and have all of your evidence prepared. This will be in place already if we have undertaken your draft check. It’s imperative that you use SEND law, including the SEND Code of Practice 2015, and back this up. Case law can be very helpful here too. Meetings can be via Teams or Zoom; the LA may have the EHCP writer and a caseworker in attendance. You can request that you have a supportive friend, relative and/or an advocate with you. Empowering Families of Children with SEND Ltd regularly attend Coproduction Meetings with the families they have supported for draft/EHCP checks. This is often the last opportunity to really push for the amendments and can be very effective at preventing appeal. Team Around the Family (TAF)/Team around the Child (TAC) Meetings A Team Around the Family/Child meeting gives families the opportunity to bring everyone involved ‘around the table’ to discuss how best to support the whole family together in a joined up and holistic way. The child is the central focus, but the engagement is with the whole family in a non judgemental way, seeking to carry support forward and bringing everyone together. The TAF/TAC will have a ‘child champion’ – a representative who speaks for the child and ensures that the child is ‘held in mind’ throughout. This is a multidisciplinary meeting and attendees can include: key professionals working with and for the family, for example, education, social care, health, housing, police. Information and updates on any previous actions to support the family will be discussed, along with how successful these have been, and any changes that are required to improve support or engagement. TAF meetings provide a ‘say it once’ opportunity for families to be heard and feel listened to, for the bigger picture to be shown and considered by all involved. An Action Plan will be created and shared, with families giving their consent for this information to be shared, if appropriate. If you are offered a TAF/TAC meeting, this is a positive step forward and you should seriously consider this as such. It can be daunting, and this is where we at Empowering Families of Children with SEND Ltd can step in. We attend these meetings as additional supportive advocates for the whole family, and can advise on education and SEND, giving families a balance of professionals at the meeting. Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? The Webinar Events already signposted in this blog will provide a full package of support for families to support them in meetings about their child's EHCP. In the easy-to-follow webinars, Anna and Sarah talk you through, step by step, giving scenarios, examples and detailed explanations of each process. The accompanying support packages give you timelines, example reports and resources, and ‘fill in the blank’ templates to make the process as uncomplicated as possible. Find our full webinar library here. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

  • School Visit Top Tips

    This article discusses key questions to ask when visiting a school. The time has finally arrived, and you have that school visit, the chance to ask the questions, and make sure that this school, this one, at long last will be the right one for your child. You know how important this meeting is, it’s been etched into your brain for weeks, and then... Do not be afraid to ask questions! What should you say? Well, you need to look no further! Taken from the Frequently Asked Questions, this section guides how to get the most out of your school visits, as asked in our Facebook Group. The Empowering Families of Children with SEND team has put together a list of questions, which you can adapt as per your own child/young person's SEND. Preparation: It's a good idea to think about what is not working in your child/young person's current placement, especially if you do not yet have an EHCP. If you do have an EHCP, one in draft or have professional reports and recommendations coming in, go through these. Look for those very specific details that will denote the degree of specialist support that your child/young person needs. It's this specific detail that's so important and which will ultimately determine the type of school and the level of expertise, resources, and environmental specialisation that the placement must provide. Remember that it's possible to procure staff, resources and packages of interventions. Changing a school environment would require more magic than an entire class at Hogwarts, and you must still ensure that those providing the education did not do the same teacher training course as Professor Umbridge. We cannot make an entire school smaller, have smaller classrooms and class sizes, reduce the sensory stimuli, have all staff qualified and trained and change the entire peer group by insisting that the LA chuck a large wodge of cash at their doorstep. This is all about Sections B and F of your EHCP from your professional reports, and to be that stuck record – B + F = I. Questions to Ask: Can you tell me about the availability of places currently? Is there a waiting list? How many students do you have with EHCPs? Do you support a particular type of SEND need? Tell me about the specialist qualifications and experience of the educational staff, with a particular reference to the needs of my child. Are all school staff trained and experienced in supporting my child's SEND needs – for example, Vision Impaired, Speech and Language, Social Communication and regulation difficulties? What are the maximum class sizes and the adult-to-child ratio in each? Can you tell me about the support staff in each class? Are they HLTA TA, LSA, or INA? My child requires full-time one-to-one support, as specified in their EHCP, Section F. Will I be able to have any involvement in the recruitment and suitability of the adult who will undertake this support? My child needs a sensory room. Do you have one? May I see it? Do you have a fully accessible site with lifts and fully accessible disabled access toilets? My child requires support with communication. Do you have consistent signage throughout the school, and are all school staff, including lunchtime assistants and administration staff, fully trained in the use of AAC (for example)? My child is a 'flight risk.' Is your site fully secure? Do you have your own SALT, OT therapists on site, or allocated to your school? Do you have therapeutic interventions embedded throughout the curriculum? Do you follow the full national curriculum, or can you opt-out and provide a bespoke curriculum for my child, tailored to their individual needs? Do you offer provision for students with potential for mainstream qualifications? My child experiences sensory overwhelm. How does your school reduce sensory stimuli for children such as mine? My child has dietary needs, as evidenced in Section B of their EHCP, and alongside this, needs support to use cutlery at school. Do you provide specialist lunchtime support with adapted school meals? Does your school have specialist interventions and strategies for children and young people when they are emotionally overwhelmed or dysregulated, such as therapy dogs or animals? Can we please talk about sanctions? My child has difficulties with dysregulation and trust in adults; mainstream sanctions/punishments have only exacerbated this, and my child is easily triggered; how do you manage this as a school? Should you offer us a placement, how long will this be kept open for us, given the current Tribunal wait times? Am I able to make direct contact with the admissions officer when consults are out to ensure that my child's suitability for a place has been identified to the LA? Final Thoughts: This list gives you examples and an insight into the type of specific questions that will help you to identify the suitability of the school. However, nothing at all beats your own gut feeling and your observations of the children at any school. It is, after all, all about the happiness of our children. If they feel supported and understood, you have hit the jackpot. Always request a 'taster day'. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

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