i want to ask someone

Do I need a doctors opinion to apply for an EHCP?

My child is being turned down by all the independent schools we are applying to based on his recently diagnosed dyslexia - does this contravene the disability act? My child recently had neurodiversity screeners by a charity. They provide reports but not diagnosis and suggested his had strong signs of dyslexia and possibly ADHD. He is year 6 and due to go to year 7 in a few months time. We have applied to 3 non academically selective independent schools and they have all turned our application down. The first which is supposed to have good provision for dyslexia, turned him down on the basis of the report saying they couldn't support his type of adhd. They hadn't even met him, he doesn't have a diagnosis for ADHD and certainly there was no mention of a type. We are wondering now whether he actually has adhd or whether we were just going through a tricky developmental stage at the point of the screener. I've tried to get an ADHD private diagnosis since to rule it in or out but no providers have come back to me. I'm not happy for him to be turned down over something that is not diagnosed. We have managed to get a private dylexia diagnosis since. It confirmed his dyslexia. He scored significantly low for literacy but average in other areas and particularly high in others (98th percentile in one particular test). The conclusion was he can still be successful academically (particularly in STEM) provided his dyslexia is supported. Since then our last 2 independent school options have said they cannot support his dysexia requirements. I am told he does not qualify for an EHCP and as far as i can see the dyslexia recommendations are standard. 25% more time, pre-teaching, some small group dyslexia support and speech to text tech. All of which is supposed to be available at the last school in particular that has a specialist learning facility. Are they discriminating or can they just get away with saying they can't support him and he won't be able to keep up with his cohort?

Tribunal: do I point out school has verbally confirmed they can't meet need? I have lodged a refusal to issue appeal. School has admitted verbally they can't make the recommended provision in the summary of assessment report but seem unwilling to put this in writing. I think this is because if they admit they can't make provision that is (according to the LA) 'ordinarily available', they look bad. The evidence they have provided is really sloppy. Do I argue this at tribunal? Or, do I argue they've made best endeavours but still can't meet need? Child is ASD, EBSNA and new independent reports support that she needs a specialist placement. Thanks.

Should I issue JR proceedings when school cannot meet need but LA named on EHCP? Our daughter is due to start school in September. She is 4 years old. We applied for a school place and the nearest school offered a place. A draft EHCP has been issued naming the school in section I. The school have now been formally consulted with the EHCP and have said they cannot meet need. This is not a surprise to us and we suspect she needs an EOTAS package. If the final EHCP lists the school in section I, despite school saying they cannot meet need, where does this leave us? Her anxiety is high and she refused to attend preschool setting. Waits for the tribunal are likely 12+ months. Is judicial review the best option for us to challenge rationality of decision to name school in Section I that cannot need need?

Hi, I wanted to get some advice around our 14 daughter's educational needs, who has an ADHD diagnosis. Our daughter also has emotional/mental health needs & has an assigned Care-Codinator through CAMS. We have battled and struggled as a family to maintain a regular placement in mainstream education since the Covid pandemic but it's not working for her. We are aware that under the new legislation, parents can be prosecuted for the children's poor attendance record . We would be grateful for any guidance or advice that you can provide us with. Best wishes Les Hanson The lack of specific educational provision for children with SEND. The mainstream school 8.30am to 3pm environment has been tried tiresly with our Daughter for over 5 years & just doesn't work for her

are there particular rules statutory assessment

06.02 Is there a prescribed form of EHCP?

09.3385 Do the rules preventing removal of a child’s name from the roll of a special school somehow prevent a parent from removing their child from the school?

Can I request the EP as an expert witness in my EHCP appeal, or could this backfire?

Our Educational Psychologist (a 2nd-year trainee) wrote a vague Section F provision with many examples rather than specific, quantified provisions. I have emailed three times requesting that it be made legally compliant, but the response I received stated:

"EP reports are written with the intention of enabling education staff to plan and deliver a personalised curriculum within a school or other educational setting. The additional examples that are included within advice help educators to incorporate recommendations/approaches into their lesson planning without limiting their creativity and flexibility, allowing staff to interpret the essence of the recommendation and plan to best effect."

I assume this aligns with LA policy, but my concern is that the vagueness makes the provision unenforceable. My son has an EOTAS package (recently agreed in final/nothing in place), and the LA is only organising tuition for the core curriculum. This means the examples listed in the EP report linking learning to interest (especially computing, which he accesses privately and consistently) are not included in his provision.

I agree with the essence of what she has written within F but due to the lack of detail I am appealing Sections B and F, and I’m wondering whether I should request the EP as an expert witness to clarify her recommendations—or whether this could backfire if she aligns with the LA's stance.