Myth busting

Did you know title image

Aged 16+

  • From the last Friday in June after you turn 16, you have the right to make your own decisions about your education.
  • We offer a specific service for Young People. 

 

Do you need a Diagnosis

  • You DO NOT need a diagnosis to request an EHC needs assessment.
  • You DO NOT need a diagnosis to be issued with an EHCP.

 

Applying for an EHC needs assessment

  • Parents and YP have a legal right to request an assessment.
  • You do not need to wait for the school/setting to do this.
  • You do not have to provide lots of evidence to make a request.

The legal test is:

The child/YP has or may have SEN and may need special educational provision.

  • You do not have to show evidence of a graduated response assess/plan/review/do.
  • If the LA refuse to assess, you have the right to appeal to the SEND Tribunal. This must be done within 2 months of receiving the LA’s decision letter. (This can be extended by one month through mediation – please contact us within the 2-month period for further details).

 

Draft Education & Health Care Plans (EHCPs)

  • You have 15 days to check the plan and discuss any concerns regarding content with the LA.
  • You can request amendments to be made although the LA do not have to make changes
  • You have the legal right to state a preference for the school/setting placement.
  • The LA MUST consult with your preferred school/setting within the 15-day consultation period. However, the LA do not have to formally consult if your preference is a wholly independent school.

 

Final EHCPs

  • Once you have been issued with a final plan, you have the legal right to appeal its content and the named setting.
  • You MUST lodge the appeal within 2 months of the decision letter. (This can be extended by one month through mediation – please contact us within the 2-month period for further details).
  • If you are appealing Section I (placement) only, you do not need a mediation certificate.
  • The duty is on the LA to ensure the provision specified in Section F is delivered.

 

Annual Reviews

  • You can request an emergency annual review at any time.
  • The school/setting must complete and send the annual review paperwork to the LA within 2 weeks of the meeting.
  • The LA must issue a decision letter within 4 weeks of the annual review.
  • If you do not agree with the LA’s decision you can appeal to the SEND tribunal within 2 months of the decision letter. This can be extended by one month through mediation – please contact us within the 2-month period for further details.

 

Appealing to the SEND Tribunal

  • You must lodge your appeal within 2 months of any LA decision letter otherwise you will lose your legal rights. This can be extended by one month through mediation – please contact us within the 2-month period for further details.

 

Elective Home Education & Education other than at school (EOTAS)

  • You do not have to home educate.
  • Elective Home Education means you are responsible for your child’s education and the duty is on you to provide this.
  • EOTAS is very different from Elective Home Education. This is available to children who cannot be educated in a school setting and where a package of support for your child is agreed and provided by the LA.

 

Exclusions

  • All exclusions must be on a formal basis.
  • The Headteacher must inform parents without delay of any exclusion, the reasons for it and their rights and obligations in relation to it.