Unlawful Sen Placement Termination

Summary

Schools must deliver EHCP provisions under the Children and Families Act 2014. Failure to do so or discriminatory exclusions may breach the Equality Act 2010. Appeals can be made to the SEND Tribunal for non-delivery, wrongful amendments, or discrimination. Judicial review may be pursued for urgent intervention. Complaints can also be filed with the Local Government and Social Care Ombudsman or the Department for Education for oversight. Consult legal guidance for tailored advice.

Full Conversation

Local authority knew and they did nothing and not only that, but they’re trying to cut the EHC the child has been without consistent EHC P provision for 39 months
Thank you for the additional details. Based on your explanation:
- The **Children and Families Act *** mandates that EHCP provisions must be delivered as specified. Failure by the school or local authority breaches this duty.
- The **Equality Act *** protects against disability-related discrimination, including exclusions without reasonable adjustments.
- You may appeal to the **SEND Tribunal** for non-delivery of EHCP provisions, discriminatory exclusions, or disputes regarding EHCP amendments.
Would you like guidance on how to file an appeal with the SEND Tribunal?
at what point does electric authority border into enabling harm?
Your question on when an authority's actions might border on enabling harm seems to focus on their responsibility and potential negligence. To clarify your situation:
- Are you asking about legal accountability for the local authority's failure to act?
- Or are you seeking to escalate this as a safeguarding or legal matter?
Let me know so I can assist further!
initially I think a communication to the local authority rejecting the changes they want to meet to the EHC P as we did them to be substantial and they are materially different and we also have a Kings Council injunction from * however the total amount of time without education and section F 39 months in total cumulatively although not consecutively I think warrants a different type of action I’m just not sure what
It seems you are considering escalating this matter due to the local authority's failure to deliver EHCP provisions and attempts to amend the plan despite a King's Counsel injunction. Here are some possible actions:
- **Judicial Review:** Challenge the local authority's actions if they breach legal duties under the Children and Families Act *.
- **SEND Tribunal:** Appeal against EHCP amendments and non-delivery of provisions.
- **Complaint Process:** File a complaint with the Local Government and Social Care Ombudsman (LGSCO) regarding failures and harm caused.
Would you like guidance on initiating any of these actions?
electricity may be encouraging a drifting situation and they say six weeks left before the schools break up. What type of action is likely to get the quickest response? If Lex authority is emerging? What type of action could stop the merger? We need to be mindful of their strategic games but I’m not sure how serious the action needs to be beforcan be a merger can be halted stopped. I just want to make sure we are mindful of their plans and we don’t cause a problem.
It appears you are concerned about the local authority’s failure to act on EHCP provisions and possible strategic delays or changes. For the quickest response, consider the following actions:
- **Urgent SEND Tribunal Appeal:** Request an expedited hearing for EHCP non-delivery or wrongful amendments.
- **Judicial Review (Interim Relief):** Seek immediate court intervention if there’s a clear legal breach.
- **Formal Complaint:** Escalate to the Local Government and Social Care Ombudsman for urgent review.
Would you like guidance on filing a specific appeal or request?
Should we have to do a JR given that we have the Kings Council guidance? What are the four of activity? Are there a complaint to the head of the council which will just go into the complaints process? What we do to local authority if we sent a note to the department of education.
It seems you are evaluating whether to pursue a **Judicial Review (JR)**, lodge a complaint, or take other action regarding the local authority’s failures. Here's some general guidance:
- **Judicial Review:** JR might be necessary if the local authority is breaching legal duties and urgent intervention is required. King's Counsel guidance can strengthen your case.

- **Complaint Process:** Complaints to the council may lead to delays, as they follow an internal process. Escalation to the **Local Government and Social Care Ombudsman (LGSCO)** may be more effective.
- **Department for Education (DfE):** Informing the DfE could add pressure on the local authority. However, their role is more oversight than enforcement.
Could you clarify whether the King's Counsel injunction is still enforceable and if your priority is immediate action or formal accountability?