Lucky Husband & Dad. Education & care lawyer
#send
#ehcp
. "That Ed Bloke". Director at HCB. Kindly reviewed by
@ChambersGuides
. Tweets ≠ advice. Own views.
The horrible truth is local authorities don't need to "win"
#sen
tribunal appeals, so they don't bother. The fact of the appeal is the "win". The delay. The money saved. Thats the "win" Parents giving up, accepting less. Thats the "win". LA's "win" all the time.
#send
#ehcp
Let's be entirely honest. The
#send
system is not really accessible for parents. I've practiced for years, learn everyday & still find LA behaviour baffling and frustrating. Expecting a parent to navigate it, first time, with all the emotional issues on top is unreal.
#sen
Parent called me today
Their local authority (will not name, as could identify the parent) told them to "sell some organs" when the parent asked how they were expected to run an
#sen
appeal
In the context of 95%+ success rate
Despicable, inhuman and sickening
#send
#ehcp
After 12 years, I’m still utterly incensed that
#send
families have to commission reports and legal advice just to get what their young people simply need. What on earth was the point in
#ehcp
reform ?!
#sen
Just won a landmark judicial review concerning a LA gutting a young persons' EHCP to force a placement into mainstream. More information later once full judgment release!
#ehcp
#send
#sen
I recently learned that a South West county considers 'masking' to be a strength.
As in the process defined as "complex and costly survival strategy for autistic people".
Rationale said to be 'we all mask, & its necessary.'
Stunned.
#send
#sen
There is something catastrophically wrong with the system where parents appealing to Tribunal succeed nearly 90% of the time. Appalling deicison-making from LAs. Flawed in fact and law happening constantly.
#BBCsend
#sen
#ehcp
Dear local authorites,
PLEASE train your telephone advisors to say "our policy is..." rather than "legally..."
I would happily explain the difference to you if you're not sure.
#sen
#ehcp
#ehcp
1,023 days to complete an
#ehcp
2.8 years.
532 school days.
3,192 hours in school without adequate support.
At some point, surely, negligence is going to have to arise.
#send
Email from LA solicitor yesterday,suggesting the LA might take care proceedings if we opposed the LA's request to adjourn an
#send
appeal.
I responded saying that the threat = breach of conduct rules. 3 minutes later, withdrawn.
What
#sen
parents have to deal with....
#ehcp
"much to celebrate in
#Send
" ?
like the chronic underfunding?
or the wilful, brutal, dereliction of statutory duties on a daily basis?
Those receiving "excellent support" are likely only getting that due to the determination, resilience & resources of their parents.
get real
Another increasing trend - LA making assessments without anyone actually meeting the child or young person.
The evidential value of any resulting report is exceptionally low.
Baffling that anyone would think this is acceptable
#sen
#ehcp
#send
This happens WAY too often
During needs assessment, ask for an OT (or SLT) rpt. Told there's months waiting list (obvs not lawful - I know)
Parents get independent report. Suddenly LA manages to get an assessment within days.
Do. The. Job. Properly. First. Time.
#send
#ehcp
I've been an
#sen
lawyer for about 16 years (qualified for 12 of that).
Year on year, the understanding of
#send
law by local authority case officers (and I know it has changed in that time) has deteriorated dramatically.
I dread to imagine the training.
Rather worried today to see an independent EP report (I wont name) comment that the young person was "too high achieving" to get an
#ehcp
.
Completely wrong. Shocking advice. Outside of remit for an EP to advise, and this is potentially why.
#sen
#send
Finally seen it in writing - Surrey CC DO NOT allow schools to conduct dyslexia screening.
Can only be one reason - to avoid identifying need and therefore reducing
#send
provision costs/ Unbelievable.
#Sen
@dyslexiainstit1
Decision making in
#send
- a vicious cycle
1. Policy applied over law
2. As a result, LA 'lose' Tribunal appeals
3. Costs increase
4. LA try to cut more costs
5. More appeals lost
6. LA goes bankrupt
7. DfE issues bail-out requiring more unlawful decision
8. [return to 4]
#ehcp
Ill-informed
#send
bingo going on here
'golden ticket'
'middle class parents'
'school transport'
A shameful thread in every way - biased, poorly conceived, tone deaf and blaming service users for accessing statutory services.
Have written on an under-reported story - the huge pressure on many council budgets. But what do I mean by the 'frightful four'? Quick thread, with some neat stats (1/?)
I'm almost certain I've written this tweet twice a year for the last several years. BUT
It baffles me that LAs continue to issue EHCPs which name no school or college for September when parents have an offer of a school
Its. Not. Legal.
#send
#ehcp
Very interesting --
#sen
tribunal has changed its Registration paperwork so it now requires a MUCH more detailed explanation from the LA, at initial response, to justify its initial decision.
Will be interesting to see how often this is complied with (my bet 5-10% at best)
#ehcp
Rather than new law, focus on accountability in
#send
law. There already is a duty to identify SEN, inc dyslexia. The issue is unwritten policy (inc in ur constituency) tht deny dyslexia assessments +/or
#ehcp
for pupils w/ dyslexia (both already unlawful)
Today I’m calling for universal dyslexia screening in every primary school and improved teacher training for dyslexia
It is an outrage that only 1 in 5 dyslexic children leave school identified & that teachers do not need training to support dyslexic children
This must change
Concerning to learn that SENDIASS is now actively telling parents to NOT seek independent legal advice, because lawyers want to make things worse
Alternative view - I secure additional provision for my clients that LAs wanted to deny
Wonder why the difference?
#sen
#send
#ehcp
It begins
The letters from local authorities saying 'we know today is the deadline, so here is an EHCP naming type only. We've done this because we don't want to name your preferred school, but we cant find anything else'
Every year.
#send
#ehcp
IMPORTANT
Lawyers acting for LAs in
#send
appeals are now claiming to draft witness statements on behalf of the school that parents want.
They will probably claim its to "help" the school. Really, its a step to control the evidence.
I am considering reporting this
#sen
#ehcp
#sen
hearings being registered now for the end of May / beginning of June 2023. 8-9 months away. Then will probably b adjourned as no available judges
LAs obviously know this. Decision making & behaviour is getting worse bcos they know there's no accountability
#send
#ehcp
Having seen some shocking advice recently, here's some things for you to consider before using an
#send
solicitor/ advisor / consultant;
1. how long have they been practising in
#sen
as a parent advisor (if less than 2-3 years, ask who is supervising their work)
(1/11)
The combined point from
@LGAcomms
#sen
report and
#sendreview
Green Paper seems to be;
'The
#send
system is too expensive, made worse by all the lawyers and difficult parents that actually expect us to comply with the duties we imposed on ourselves'
#ehcp
Clear up another
#send
myth
post-16 / post-19 … Young people DO NOT have to justify why they should continue in education. Non-
#send
pupils don't, so neither do
#sen
pupils. If they want to, they are entitled to ... and they must be supported if they need it.
#ehcp
I've said it before, I will say it again
#send
system now consists of :
1. LA makes (deliberately) unlawful decision
2. Parents forced to appeal / mediate / complain
3. Parents obviously 'win' (after a year)
Zero accountability.
Great result in today.
Successful appeal against Cease to Maintain
#ehcp
decision. Included an appeal for residential college - results in around £200k package for the young man involved.
Thrilled for the family & young person
#sen
#send
Paraphrasing slightly:
Me - 'Can u send me the paperwork the LA Panel used to base its decision'
LA Officer- 'Why do you want that?'
Me - 'Because its relevant & important'
LA - 'I dont think we can share that'
Transparency and co-production in action
#send
#sen
#SENDfail
Hearing for a residential placement yesterday
Judge asks why social care provision has been so poor, for a family assessed as being "in crisis". Social Worker reply "honestly, they aren't the only family".
#ehcp
#socialcare
#send
An LA has complained about my/ my firm’s use of Twitter. To the tribunal. Oddly, I/ my firm haven’t tweeted about any cases they are involved with.
Guilty conscience (?)
#ehcp
#send
Every. Single. Day. I see evidence of LAs not knowing/caring abt law.
Today's nonsense, LA refusing 2 consult maintained special school as "panel" dnt think child young person needs it. Just totally unlawful. No debate.
Please train
#send
workers in law, not just policy!
#sen
Excellent common sense from the Supreme Court - children can sue social workers who fail to protect them.
I suspect
#send
litigation will start developing in this direction.
#sen
Parents often ask if they should be concerned that the LA has instructed lawyers.
My answer; No.
Why? Competence and curtesy prevail. Issues resolve.
LA Case officers all too often behave in a personally offended manner preventing such progress
#sen
#ehcp
#send
Every time I am told
#send
is improving I remember (1) the number of parents I speak to is increasing daily (2) the Tribunal is increasingly difficult to speak with on the phone due to demand (3) Tribunal decisions take weeks longer due to demand (4) its all lies
#sen
This should be national news.
Europe's biggest local authority is cutting
#send
costs by 13.3%. Other crucial services are seeing similar massive cuts.
Vulnerable people will bear the brunt of this. Absolutely appalling.
Hmm. Heavily extolling the virtues of 'strict' schools is worryingly close to 'zero-tolerance' (which has been deemed unlawful)
Be careful not to accidentally encourage discrimination, you're getting dangerously close
@educationgovuk
#sen
#send
#ehcp
One major missed opportunity in
#send
is
#mediation
.
9/10 I advise parents not 2 bother bcos;
1. LAs dont send anyone 2 mediation;
2. LA person attending isnt allowed 2 make a decision;
3. LA person attending is TOLD to refuse; and/or
4. LA delay
Its all time wasting lip service
@MattHancock
How about we enforce and make existing
#send
and social care legislation work as it should, rather than make new law which will just be ignored.
There's no need for legislation on every single condition -- its all covered by
#sen
regime. That regime isnt working. Address that!
"fair" is a word that appears in a lot in
#send
cases
Apparently, it is not "fair" to boot an LA from an appeal despite it failing to provide any evidence or lawful reason for demolishing a child's
#ehcp
But it is "fair" to make the child wait 10 months to have it restored(?)
What Mr Gibb didnt say is that 353,998 of them had to appeal to get the provision they need. The other 2 had relatives working in the LA.
#sen
#send
#ehcp
Parent informed of child protection conference taking place tomorrow, but no reasons for it offered. Curiously timed around
#send
appeal
Acting for the parent, queried the LA's justification for child protection- suddenly it becomes Child in Need.
#SENDReality
#sen
#ehcp
Preparing for a hearing tomorrow. Straight back into LA nonsense.
LA EP evidence starts with "...the outcomes in the EHCP ... are not appropriate to inform the current provision".
It is NEED that informs Provision, NOT Outcomes.
#ehcp
#sen
#send
I can say with some certainty that this December has been the busiest for enquiries that I have known. That tends to be a measure of how badly the
#send
system is falling apart and how families are struggling. It is only getting worse.
#sen
The odious spirit of this thread would be the same as blaming patients in hospitals for the NHS lacking funds, or a victim of crime calling the police being responsible for a lack of officers Vile, misleading, borderline discriminatory bilge.
#sen
#ehcp
Have written on an under-reported story - the huge pressure on many council budgets. But what do I mean by the 'frightful four'? Quick thread, with some neat stats (1/?)
Interesting phone call from Medway lawyer just now - angry that Judgment has been shared with journlaists (it is a public document, so no issue there)
Odd that this is the 1st time they picked up the phone to me about this case ...
#sen
#send
#ehcp
Northern local authority tells my client, at the point of Draft
#ehcp
; (a) parents cant ask for a mainstream school, because the LA has already decided on specialist; and (b) the LA will only consult with two schools per its policy.
Mind Blown. Completely unlawful.
#sen
#send
I increasingly find that when someone uses the term "legally …" to explain why they are/ are not doing something, they have no idea why they are/nt doing it, but have a vague idea that there is a law, somewhere.
Its rarely sensible to say this to a lawyer.
#sen
#SENtips
#ehcp
Incredible disclosure today
An internal email from
@StaffordshireCC
saying that Head of
#sen
has directed the Team must defend all dyslexia appeals
Email continues that "unfortunately" the LA has to prepare a "strong case"
so much to unpick
#ehcp
My Paralegal had a hearing recently during which the school said that it wasn't aware of the child's sensory difficulties because the child hadn't said anything to staff.
Amazing lack of awareness of masking.
#sen
#send
Hampshire
#send
team now seems to require a caller to book a telephone appointment with their case officer. Even when chasing an annual review outcome that is several weeks overdue.
No. Don't think I'll be doing that, thanks.
#judicialreview
#SENDreality
#EHCP
I am frequently baffled by the EHC Needs Assessment 'consent form'.
Parents ask the LA to make an assessment, yet the LA claim that the assessment cannot happen unless the consent form is completed.
Complete nonsense.
#sen
#send
#ehcp
“Parents and carers have to wade through a treacle of bureaucracy, full of conflict, missed appointments and despair."
Bang on. I'd be inclined to add 'misleading policies, deception and half-truths' into the mix …
#send
#sen
#ehcp
During
#sen
hearing yesterday, LA EP advanced a position that because a YP (with global developmental delay) would only 'laterally' learning (i.e. generalise) rather than advance through P-scales, there was 'no point' in an
#EHCP
.
Stunning.
#send
LA - "banding has not replaced quantification in X's EHCP".
Same LA - issues amendment notice. Deletes 25 hours, replaces with "will be supported at Band 3"
9.39 Monday morning. Having read it three times, my brain hurts trying to process this nonsense
#ehcp
#send
#sen
Always good to see a totally unlawful policy in print
A good hallmark of an unlawful policy is when a threshold is set out with the starting words “ In …”. Might as well just say ‘we have set our own rules’
#sen
#send
Hearing tomorrow. LA hasn't engaged with the working document. On the third chaser today I'm informed that the LA will apply to adjourn tomorrow.
Sometimes there's just no words. Well, there are, just not for public forums.
#sen
#send
Another successful appeal today.
Added bonus is successfully challenging the decision of the
#send
manager, who represented the LA, and proudly boasted of leaving a "wake of destruction" in his previous LA.
Disgusting attitude
#sen
#SENreality
An important Judicial Review decision relating to
#ehcp
-- this time dealing with LAs ignoring school's consultation.
A crucial development in
#send
remedies and expectations on LAs when consulting.
Recently, when presenting a consent order, Judge said I was "unreasonable" for asking LA if it wld consider issuing an
#ehcp
quicker than the 5 weeks permitted by regs.
I stressed it was an ask. Not a demand.
YP had had no provision for 6 months
Not sure I was unreasonable.
#sen
Watching
@BBCBreakfast
- when will the
@educationgovuk
say something other than ‘we’ve introduced reforms and provided money’ ? The reforms are the issue! Poorly implemented, poorly understood and LAs routinely ignoring the law.
#sen
#send
There needs to be some regulation in terms of who can represent
#sen
parents. Too many cases landing on my desk where appeals are being lost / parents given terrible advice on the law and strategy.
#send
Successful appeal for a £170,000 residential school placement for young person with ASD and mental health difficulties. Family and young person have been treated appallingly.
#sen
#send
#ehcp
How refreshing
A detailed article analysing the stark picture of local authority budgets without blaming disabled people, children with
#sen
or parents seeking
#ehcp
Its now taking between 3 days and 2 weeks for parents to speak with a mediator. Even to ask for a mediation certificate. Every step of
#send
system is facing delays.
In the meantime, there's a young person struggling. Everyday.
#SENDreality
#sen
#ehcp
A brief blog about the
#send
Tribunal amplifying the directions about local authority initial responses to appeals.
#ehcp
#send
-- includes the full list of information now required. A substantial increase
Increasingly aware of an
#send
advocate who charges thousands for advice which is simply wrong.
Also noticing that that advocate crowd-sources from Linkedin for advice on how to 'run' his cases.
Please, research carefully the
#sen
advisor you use.
I wonder. If local authority CEO - or
#send
senior management staff wages were indexed to the number of appeals lost / conceded what would the impact be on sensible/transparent/logical/ bother-to-read-the-papers decision making in the first place …
#sen
#ehcp
Re-reading chapter 1 SEND Code of practice (as you do).
What a very long and idealistic list of aims and objectives that the SEND reforms have utterly failed to achieve ....
#sen
#send
It is incredible how often I am now seeing LAs trying to "retract" an
#ehcp
- mainly bcos the LA has rushed it & named a school it didnt mean to
There is NO provision in law to 'retract' an EHCP. It can be amended, using the specified process, but cannot be retracted
#send
#sen
There will - without doubt - be a FLURRY of
#ehcp
decisions to cease, change placements, reduce provision
#sen
tribunal is about to get even more busy with Birmingham trying to rapidly reduce its "statutory duty" expenditure.
#send
Preparing an appeal right now about Cease to Maintain EHCP. The LA - genuinely - want to cease the EHCP because insufficient progress made.
So LA's case is no
#EHCP
because too significant
#send
and because provision so far has been inadequate.
Brilliant.
#sen
Being an education lawyer gives a window into the turmoil in
#Send
It used to be busy in Feb / March when decisions were made.
Now, its busy all the time, bt especially from June onwards.
Tht means families getting 2 months to fix poor decisions. The Tribunal is taking 10 months
First video hearing judgment through today. Successful appeal for a very highly specialist residential school for a young man with severe and complex physical and learning
#send
. Really thrilled for the family and young person,
#ehcp
#sen
In response to an Order to produce a working document (made bcos LA hadn't engaged), LA Case Officer emails to say;
we would have provided it sooner, but as you obtained an Order we will work to that deadline. "Thanks for the additional time".
Absolutely unreal.
#send
#ehcp
What particularly annoys me today are the congratulatory messages posted online by
#sen
case officers, claiming to have successfully completed phase transfers.
In reality -- over to families to successfully appeal / JR missed deadlines
#send
#ehcp
another myth-buster today.
It is DEFINITELY possible to secure an independent mainstream school in an EHCP. Parents seem to have been told that
#ehcp
not available in independent schools. Completely unture.
#sen
#send
A good piece covering the issues of
#send
-
@BBCNews
Although, the conclusion that the vast majority of appeals are concluded without a hearing is not the positive that GOV spokesperson claims it to be. The appeals shouldnt be needed in the first place.
This is the Hampshire
#ehcp
Annual Review form.
IMO unlawful. No scope for 'increase' in provision - only decrease. Presumably, an increase would require a reassessment (no lawful basis for this)
Just another subtle way that forms are used to deny proper
#send
provision
#sen
Have noticed an increasing trend.
#send
'case officers' / lawyers who use barristers for hearings tend to say the most outrageous things in correspondence, expecting they will never have to defend it. This behaviour is reducing settlements & upsetting families.
#sen
#ehcp
Naturally excellent work from
@SteveBroach
and
@AliceLIrving
- confirmation of the 12 week timetable for an annual review
Obviously, excellent advocacy, bt remarkable this had to go through 2 x high court and 1 x court of appeal.
Derbyshire council sending this to parents - specifically getting parents to disclaim transport provision.
Worryingly - no reference to "nearest suitable school" - its just "normal area ... school". No consideration of need at all.
DO NOT SIGN THIS
#send
#sen
#ehcp
Its 9 November 2022.
I have been listed for a hearing on 30 October 2023.
Colleagues have raised this already on here I know. But that is ridiculous.
#send
#ehcp
Good to see
@CommonsEd
looking at
#send
again and taking relevant advice. Issues definitely boil down to (not in order) : funding, training, (wilful) ingnorance of the law, misleading information and lack of (all) resources.
#sen
This narrative of blaming service users - who are lawfully entitled to the provision they are seeking - is despicable. Vulnerable disabled people don't need to be pilloried like this
@thetimes
#sen
#send
.
One of the major barriers to
#ehcp
IME is schools talking parents out of applying, believing that they will have to foot the bill for it. Its understandable (but wrong). Clearly lots of LA spin happening in
#send
A general warning
Beware any definitive legal advice offered via social media.
Especially when delivered from individual(s) with no legal qualification and/or training
Seen some rather interesting interpretations of
#send
law and Equality Act recently.
This simply defies any logic. If the decision made was rationale, transparent and actually addressed the YPs needs, would families really bother appealing? No. Of course not. Appeal rates, & success rates are up PURELY due to nonsense decision-making.
#sen
#send
(10/10)