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emergency ehcp review in yr 7

Discussion in 'Special educational needs' started by Ruthie66, Oct 14, 2018.

  1. Ruthie66

    Ruthie66 New commenter

    We have a couple of students who have come into year 7 with EHCPs but who we said during consultation that we couldn't meet the needs of and so it has proved to be. We have called emergency annual reviews but the borough is saying we need to have EPs attending and involved with the students. One student is on the point of Permanent exclusion because of his violent and dangerous behaviour to other (vulnerable) students and refusal to follow staff instructions. We don't want to exclude but for him to have a more appropriate placement . The other was offered a place at a specialist provision but his father wasn't keen and wanted him to try mainstream - Dad was told by someone at the borough that mainstream was a "trial until Christmas" and if it didn't work out he would be found a specialist placement but of course there is nothing in writing.
    I have had a look in the CoP but can't find any reference to this particular circumstance.
    Any advice on how to play this?
  2. Flanks

    Flanks Senior commenter

    Yes. Call the review.

    The authority are giving you policy, not statute. In truth the only people who must be there are the parent(s) and the young person's voice needs to be recorded in some way either during the meeting, part of it, or beforehand. As long as parents are on side, the authority can only complain about it but not stop it.

    I would still want a Sen caseworker there from county if at all possible, if you can make the need clear to them then they will be your advocate at the panel.

    That being said, you should be providing evidence of what steps you have taken to try and make the placement work. A panel will not swallow 'we told you so' as a reason.

    If parents appeal that panel decision and it ends up in tribunal, your school will come out badly and may even need to return funding if the authority can successfully argue that you failed to use their resources appropriately.

    Case in point: we have a similar situation with a year 7. Have delayed the meeting a week to make sure both social services and Sen caseworker can attend. At the meeting I have a positive handling plan, alternative timetable with external provision included (both of which failed) to show them, which evidences our cycles of trying to make the placement work. He is also on edge of permanent exclusion, and our message is that we are now at a point of having to try and start phasing a reintegration to the curriculum but we don't anticipate succeeding. So we need to either agree a new plan immediately, or the caseworker needs to be ready for panel the week he lands his p.ex.

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