SEND Tribunal process
I had no choice but to go to a tribunal, a duplicate EHCP was issued in 2019 that was almost identical to the EHCP in 2017. At the time, my child was under section in a mental health hospital so there had been significant changes. There had also been an annual review and information was not used.
A tribunal date was set for January 2020. This was adjourned, then there was a telephone case management hearing in February. The EHCP was not updated to meet need.
A stay was granted till May. Another TCMH took place in July. My child was discharged to a placement that did not meet need and there was a serious safeguarding concern.
A tribunal was held in October 2020. Suffolk requested an adjournment to get a social care assessment. The tribunal had ordered this in November 2019.
The final tribunal took place in November. Despite Suffolk requesting a social care assessment, they provided working document 10 to the court which did not refer to the assessment and stated there were no social care needs.
This section was filled in during the tribunal.
As there was no agreement on specification on therapeutic input, the panel made a decision and issued an order in November. An EHCP was issued in December that was not amended to the judge’s orders and Suffolk stated this was an oversight.
After having no choice but to instruct a solicitor to write a pre-action protocol letter, my child is now receiving some of the provision. The provider was sent an old EHCP. My child had no provision for 22 weeks.
I am still waiting for educational therapeutic provision stated in Section F. No referral has been made yet despite the tribunal order being issued in November 2020.