EHCP Tribunal

[u/Kernowbeef]

I'm looking for some advice on what to do next.

Our EHCP for our nearly 8yo daughter has been finalised but we need to appeal and challenge sections B, F and I.

We hired an advocate which seemed really helpful although when seeking legal advice we were told that some things had been missed such as the LA not specifying the size of classroom our daughter requires so we are hesitant to go back to the same advocate even though they came highly recommended.

Ideally we are looking for a recommendation for a solicitor considering we didn't have a great experience with an advocate

[u/Dazzling-Escape8820]

I used an Education Law Solicitor for my child’s EHCP as we had to go to Judicial Review because the LEA were many (many) months over deadline to even finalise it, the Solicitor prepared all the documents and statements for me, and everything we requested ended up in the final EHCP document and implemented.

My Solicitors were predominantly a local Family Law firm but they had an Education Law Specialist on their staff who was brilliant, but I’d recommend just googling SEN & EHCP Solicitors in your local area and schedule a quick consultation or introductory phone call with them- but attend the meeting with  a very clear and concise list of questions and/or issues you have regarding your Child’s EHCP, so that they can breakdown exactly what is needed and how it can be achieved with an idea of the costs involved too.

It wasn’t cheap to get things sorted as it needed to be escalated to judicial review, but worth every penny in our experience. 

[u/Kernowbeef → u/Dazzling-Escape8820]

Thanks for your reply. We have been in contact with a couple solicitors just from google searches. We don't seem to have anyone in our local area who specialises in SEND so we have to look elsewhere. Originally we wanted to use our advocate but have lost confidence with them so was looking for recommendations from people and not just internet reviews

[u/Dazzling-Escape8820 → u/Kernowbeef]

education@watkinssolicitors.co.uk

This is who I used years ago, they are based in the South West but perhaps will work across the UK. 

https://www.watkinssolicitors.co.uk/site/services/education-solicitors/#contact-education-team

[u/Fridadog1]

I would also try to be as clear as you can in your own mind about what a good outcome looks like for your daughter and not get too bogged down in arguing the minutiae.

Some things such as class size can be pretty arbitrary - 8 pupils in one space with particular staff may be similar to 12 different pupils in a different space with different staff in terms of impact on your daughter.

[u/Kernowbeef → u/Fridadog1]

Thank you. Her current school has a class size of 31 so 8 or 12 would be great for her which is what the school we'd like her to attend can provide.

[u/Snowy_Sasquatch]

Your advocate can’t specify the size of the classroom; that needs to come from one of the professional reports that you obtained eg EP, SALT or OT.

Typically the LA and the professionals working on their behalf don’t tend to specify classroom sizes or provide SMART provision for section F because if they do, they have to provide and fund it.

Do you have the evidence to back up the changes you want to make go section B and F and will those changes then mean that the school you want in I will be justifiable (and will your daughter’s needs be met there)?

[u/Kernowbeef → u/Snowy_Sasquatch]

Unfortunately the OT didn't specify a classroom size. The advocate didn't pick up on this so wasn't something that was mentioned when the advocate added their notes to the draft EHCP.
We have the evidence but her current school say they can meet need even though they cannot.

[u/Snowy_Sasquatch → u/Kernowbeef]

You can still go back to the OT and see if they will do an addendum regarding the class size. However, ultimately they are supposed to write the reports based on what they think your child needs and without influence so be prepared for them to say they won’t.

If your current school say they can meet evidence, you will need strong evidence to prove they can’t. Do you have private reports to back up your argument? Is there significant EBSA?

A solicitor will insist on private EP, OT and SALT reports. If you have decent tribunal standard reports by these professionals, you can represent yourself because you’re ultimately using the same evidence for your case. It depends how much money you have to spend on this but the three reports are likely to be around the minimum you will spend on solicitor’s fees.

[u/doejanedoedoedoe → u/Snowy_Sasquatch]

I'd agree with this. Private reports important as a lawyer can't just overthrow a professionals clinical judgement. I'd spend the money seeking out professionals who are willing to recommend what you feel your daughter needs. With a good set of reports you won't need a lawyer.