The parent of M has worked with SENDIASS for several years and have returned to the service with different areas of concern regarding their child M.

M currently attends a specialist support school and as well as having a diagnosis of autism experiences significant delayed development across all areas of learning in addition to some medical issues, which require a significant level of personal care. M’s parent also has a younger child with significant SEN and physical disabilities, who has a life limiting genetic condition and because of this they experience significant pressures.

Unfortunately, due to past issues working with professionals the parent of M is very reluctant to work with other agencies and is not receptive to help/support that has been offered to them as a family from Children’s Services and Early Help.

The parent of M reapproached SENDIASS in Spring 2023 concerned that her child’s current setting was not fully meeting their needs. She felt that 1:1 support was required in relation to personal care and that the young person was not making the progress she was hoping for particularly with toileting needs, which are especially important to the parent.

SENDIASS advised the parent that the best place to raise her concerns was during the annual review, which was scheduled for later that term and information and support was given explaining her role in this process via factsheets and numerous telephone discussions to help her prepare for the meeting. Unfortunately, due to diary clashes SENDIASS were unable to attend in person.

SENDIASS continued to liaise between school and parent as due to safeguarding concerns (that were being investigated) the relationship between school and parent was becoming more difficult. It was explained to the parent that safeguarding investigations were routine and not a personal reflection of her parenting.

The LA amended the EHCP, however, they did not at this point amend section I in line with the parent’s wishes as they did not have an alternative school place available to offer M. The current school setting for M continued to confirm that they were meeting his needs and that with increased funding made available by the LA, they had been able to employ another support assistant and improve the personal care required.

SENDIASS tried to contact the parent of M at the start of the autumn term but was unable to make contact and so presumed that with the added support in place the situation for M had improved.

Unfortunately, the parent did not notify SENDIASS at the time of the EHCP being amended and so was unaware that at this point that the parent had two months to lodge an appeal to challenge the EHCP and in particular section I.

The parent of M recontacted SENDIASS in early December with her continuing concerns around his placement and her wish that he transfers to an alternative special school as soon as possible. The parent was advised that she could approach the Tribunal Service to see if they would at this point consider a late appeal, with some guidance from SENDIASS resources. The parent has undertaken to do this, but no decision has been given as yet.

SENDIASS have advised the parent that they will need to provide evidence that M’s current school is not meeting needs, to present a robust case for the tribunal to consider. It was explained that a relationship breakdown was not a criterion looked at by the tribunal judges as the focus was on the young person and if their needs were being met in line with their EHCP.

This case has been complicated by the relationship between the parent and the school. SENDIASS tried to improve this situation and offered to mediate between the two parties. The parent of this young person is unfortunately reluctant to work with other services and is distrustful of the school.

Although the role of SENDIASS is to advise and support parents/carers where appropriate, this case has raised the importance of keeping the child at the centre of a case. The young person is settled in their current school, and school believe that progress is being made in line with the young person’s abilities.

Whilst it is important that SENDIASS remains impartial and offers independent advice to parents/carers to make sure that the parent in this situation knows all the options open to them, it is also important that the wellbeing of the young person is central to discussions with the parent.

You may wish to read our factsheet number 13 “Disagreement Resolution and Mediation services.” and number 3 “Preparing for school meetings.”

Listen to our SENDIASS Podcasts

You may wish to read the following:

Fact sheet 17 - Disagreement Resolution and Mediation services and Fact Sheet - 3 Preparing for school meetings

Complete our website contact form: