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What to do if..

NAS36646

we have just found out, after 2 years, that our child's school has got a proposed EHCP (how is it possible that they do not have the finbal version of the plan?) where some important recommendations regarding therapies are missing? Who should we blame for this negligence? The LA or the school? Should we receive any compensation in regard to this situation? How to start the complaint process? 

We would be grateful for any ideas.

Thank you!

Parents

  • Ultimately, the LA is responsible for the schools. They have a legal duty to 'arrange' the provisions specified in the EHCP. 

    You can complain about the LA, to the LA  you could also trigger a judicial review. If introduced in the name of the child, you can get legal aid.

    Ultimately to investigate compensation you will need legal advice . 

    The best is to first get some advice from organisations like IPSEA ans SOSSEN in addition to NAS. They have advice sheets and model letters as well as telephone helplines. 

    SOSSEN  have walk in sessions where they could talk to you 1:1 in person and get really good advice for your situation.

    However, you need to keep the eye on the ball, which is your child's education and future. You need all the needs documented in the EHCP and all needs having a corresponding provisions, including relevant therapies. You also need the school that can actually meet your child's needs. In practice that means you are looking at a tribunal appeal. You may have to prioritise where you invest your energy after receiving advice.

  • in reply to Tinyexplorer

    Thank you! I have already had an appointment with SOSSEN team and they gave me some useful advice. I hope that everything will be fine, eventually. 

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