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Local Authority and transport issues!! Any help appreciated Xx

NAS74619

Hi! 

Four months ago ourselves and the Local Authority agreed on a SEN school for our son to attend starting September 2022. This school was named in his EHCP in January. we contacted the transport department that confirmed they would provide him with transport, shared vehicle with passenger assistance.

Today we received an email from a different SEN school welcoming us as new parents, obviously we were incredibly confused. It turns out the Local Authority had a Panel meeting in March and agreed a place for our son in this other school. We had no idea about any of this! Our son has happily been getting ready to join the SEN school named in his EHCP, having transition days etc.

The Local Authority sent me a very rude email this evening stating that if we want him to continue to go to the school named in his plan they will no longer provide transport as the other is closer. 

They are both LA run schools. I was under the impression that an EHCP is a legal binding document? How can they organise, months after his final EHCP, to send him to a different school without our knowledge or agreement? Are they legally allowed to do that? 

Any thoughts would be appreciated? I'm going to contact a SEN lawyer tomorrow xx

  • Once the EHCP is finalised and signed by the parents and LEA representative, the "named" school is definitive. . My experience is that the transport officers are fairly junior admin officers who are looking for the cheapest and neatest solution Their job is to manage vehicles and contracts, not  to second-guess SEN specialists.  Rudeness is never acceptable.and you have every right to complain using the authority's formal complaints procedure.

  • This is a grey area that is often not talked about and happens a lot in my council district. Your supposed to be present and ideally notified when the meeting and discussion are taken place. It honestly sound like you gotten a really bad case worker/social worker who failed to represent and inform you of the meeting and the decisions.

    The case worker isn't representing you or your son properly. I would contact the local authority and request a investigation and a new case worker as this isn't acceptable or professional but before i do that i would go to citizens advice and discuss the situation with them so they can sign post you to an advocate or an organisation that can represent and support you through the process before you get a layer involved.