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Should I Call In The Solicitors


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#1 Wishful thinker

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Posted 09 May 2017 - 02:06 PM

OK. Keeping this brief with bullet points coz otherwise, you'll all nod off

J is ready for 16+.
Private college have said yes. Current school are in support of the placement as the local state mainstream is not appropriate.

* Lea have said they won't complete echp till placement agreed so they can tweak contents. Legal deadline was 31St March
* months ago someone from LEA put in an application for J to the local college as a backup plan. Is that legal after we told them it was unworkable
* Lea didn't send consultation papers to the chosen college on 3 occasions. Copy of draft echp was supposedly sent to school. All the above went astray. Data protection issue here? (I know nothing was ever sent but that was their excuse)
* withholding info from college. We weren't told of assessment week. Found out by accident. They were obviously hoping we wouldn't go and would miss the place


Should I just go straight for legal action now? I don't qualify for legal aid so need to know it's the right course of action.
Thanks

#2 imperfect parent

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Posted 09 May 2017 - 06:37 PM

You may not qualify for legal aid, but J should, and as it's his educational placement it should be done in his name.  We were able to get legal aid  in our son's name agreed when we had to threaten JR for a school placement.  In the end the thrat of JR was enought to make the LA play ball.  It shouldn't be like this, but it is and it's getting worse..



#3 Wishful thinker

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Posted 10 May 2017 - 05:49 AM

Hi
We definitely don't qualify for legal aid but did get it back in 2013 under Jonathans name. However I was under the impression criteria had changed now so virtually nobody would get it
Also I'm uncertain how to appeal without an echp to appeal against.
There's just so many clear protocol/legal issues here I'm not sure where to start

#4 queen claudia

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Posted 10 May 2017 - 08:49 AM

Bloody 'backup plan' by LEA is no doubt their hidden Agenda. That's the way it usually works with them anyway so I would put it in writing the reasons why that won't work unless you already have. That rang alarm bells with me straight away.

 

Regarding the documentation if you have it yourself send it to them. I wouldn't rely on the LEA doing anything that they say they will do. You have to double check with the LEA and whoever they are sending stuff to make sure it has arrived. I did this as they were constantly not doing what they were saying or just cocking things up.

 

Again keep in contact with the College. Ask them to send you any relevant information, get someone's name (Admissions?) and keep in contact so you are in the loop.

 

Unfortunately it all boils down to you doing County's job for them because if they can get away with it they certainly won't do it.


Sorry forgot to add regarding solicitors, you can get an initial solicitors letter. Can't remember what it is called but it's not that expensive. It's something along the lines of them missing statutory deadlines bla bla bla but with it coming from a Solicitors it might make them sit up and take notice. They certainly didn't take one ounce of notice from us until we got solicitors and a barrister involved.



#5 imperfect parent

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Posted 10 May 2017 - 08:26 PM

Try SOS SEN or IPSEA.  As QC says if you show you know they are wrong and are prepared to involve solicitors it sometimes gets things moving.  However LAs also know that the more they delay the more they save.



#6 Wishful thinker

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Posted 11 May 2017 - 04:06 PM

Definitely agree there's a hidden agenda
What bothers me is the legality of someone without parental responsibility applying for my sons place without our permission
Anyone know any legislation or isn't just immoral?

#7 Wishful thinker

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Posted 17 May 2017 - 07:08 AM

Turns out, the LEA are waiting to hear whether preferred college will accept him THEN they are going to amend and send out the echp
If that doesn't sound like a con, I don't know what does
Anyone fancy betting the newly adjusted echp suddently matches their choice of college rather than ours??
Tribunal papers at the ready




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