LAs not sticking to rules and timescales
LAs not sticking to rules and timescales
LAs refusing requests and not meeting timescales is something that SENCO after SENCO can talk about, often with multiple examples at their finger tips. It is a source of great frustration for dedicated professionals in schools who are often working beyond their working day to meet increasing levels of need and of course, ensure that documents they are responsible for are completed accurately and on a timely basis.
They do this because they care.
They care about the children.
They care about the families.
On top of this, they know they are accountable to their line manager, trust, headteacher and the LA so when the LA do not stick to their legal timescales (and do this repeatedly), you can see why SENCOs get annoyed!
The thing is that SENCOs often feel that they don’t have time to challenge the LA, feel scared of what will happen if they do, and sometimes do not how to challenge. I am running two brand new webinars to support you with this and it is interesting to see what happens when families and schools do take up the fight!
Hertfordshire County Council lost a tribunal after they refused a needs assessment and also did not issue an EHCP within the 20 week timeframe. The judge notes the council cited unlawful reasons in their refusal to assess response, such as the pupil having a “reading level as age appropriate” and “the level of behaviour is not at the intensity and frequency expected to see when applying for an EHC needs assessment”.
Many of you reading this may well resonate with this.
Another key finding from the case against Herfordshire was “It looks as if the Local Authority have a standard letter rejecting such an application and the person completing the letter is supposed to fill in the relevant details. Although the Local Authority list a number of documents that are supposed to have been considered as part of this decision-making process, the letter does not directly address the statutory test as to whether W "may" have special educational needs.”
In the same hearing, the judge also was critical of Hertfordshire’s failure to adhere to the 20 week timeframe for issuing a finalised EHCP, stating “these are not duties to use "best endeavours" to complete assessments within defined periods but are hard edged legal duties.“.
You can read the case summary here and may find paragraphs 24 and 25 of interest as the judge is made aware by the family (and agrees) that there is evidence of ongoing misuse of the system by LAs which coujld make a case by itself!
Finally, particular reference was also made to the LA changing its mind about its position and decisions (don’t get me started on that one!) at various times and said “It would have been far better if the Local Authority had accepted that it had not complied with its statutory obligations.”
I think we would all agree with that one!
If you would like to find out more about challenging your LA, come and join me for my two new webinars!
EHCPs - Ensuring content is properly specified (5th March, 4-5pm)
The legal rules around what should be included
How to amend / challenge if your LA have given you an EHCP which is non-compliant
What the improved version means for the pupil and your school
EHCNAs: Appealing a refusal to assess (13th March, 4-5pm)
What to write on the SEND35A form and advice where choices are offered
Who can support with filling it in and sending it off
Understanding your next steps, managing conflicts of interest and supporting families
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Indigo Owl Coaching and Consultancy
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