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Transferring to a new county - child has an EHC and specialist provision

KellyCornwallKellyCornwall Member Posts: 12 Connected
Hello everyone,

I don't really know what I am after but feel the need to share my story so that I can see if anyone has had a similar experience. Please bear with me, I will try and make it as short as possible and not confusing but here goes :-)

My daughter (9 years old) has a diagnosis of ADHD and ASD and possible PDA for which we are awaiting assessment.
For the past two years the plan has supported her in a mainstream setting with full time 1-1 support. However one year ago things started to not be so settled. To cut a long story short her plan now states specialist provision and she is no longer in a mainstream setting.

So far so good ;-)

So we are moving in the next few months to be closer to family and my daughters EHC plan will need to be transferred to another LA. Now I understand the process, that please allow the new LA at least 15 days to look at the plan. So that on the day you move the plan must be transferred to the new LA. They then need to let you know within 6 weeks if they intend to keep the plan or review it. However they must provide for your child immediately.

So this is where we hit a closed door -

We have been told by numerous people and SENDIASS that there is no support available to Gloucestershire for our daughter and be prepared to go to tribunal and fight etc. - I'm like - really my daughter has a plan, the LA has a duty of care from day 1 to provide for her and if a specialist placement can not be found then they have to provide an Alternative provision for her correct.

If the shoe was on the other foot and we were not sending her to education, we would be taken to court.

So I am fully prepared straight away to take them to court if they fail to provide something for my child. I fully understand that there might not be any spaces immediately, but they have to provide something.

If they decide to review the plan then they need to go through the process of a review correct.

Does anyone know the process and timescales involved if we have to go to tribunal.


Replies

  • Beverley_ScopeBeverley_Scope Scope Navigate service Posts: 84 Pioneering
    Hi @KellyCornwall,

    Sorry to hear about your worries. Sending your child to school should be an easy process but unfortunately it never seems to be.

    If you follow the links below they will take you to information on SEND tribunal.  The first is from IPSEA who offer free and independent legal advice for children with additional needs.  The second is a solicitors which will give you a time frame.  You can contact IPSEA for advice but it is an open diary that you have to watch and wait for an appointment to come up.

    https://www.ipsea.org.uk/appealing-to-the-send-tribunal  
    https://www.specialeducationalneeds.co.uk/a-guide-to-the-send-tribunal.html

    Hope this helps.

    Beverley
    Beverley Davies
    Parent Advisor
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  • KellyCornwallKellyCornwall Member Posts: 12 Connected
    Hi @Beverley_Scope,

    Thank you for your reply. It's true the worry we have for our children is so stressful, I just want them to be happy and healthy and we should not have to fight for the right level of support.

    I have got a telephone appointment with IPSEA this week and I hope they can just talk me through the process of what happens when we arrive and the plan gets transferred and they fail to provide for her from day 1. 

    Thank you for sending the links. I have not seen the second one so will have a good read through it.

    Very helpful thanks. Kelly 
  • Beverley_ScopeBeverley_Scope Scope Navigate service Posts: 84 Pioneering
    No problem at all @KellyCornwall.

    I hope they give you the answers that you need.  Good luck  :)

    Beverley 


    Beverley Davies
    Parent Advisor
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