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EHCP Tips & Resources
What can the school do to help?
What can the school do to help?
FAQBright FuturesNovember 11, 2021school, ehcp, support
How do I get a specialist school or college written into my EHCP?
How do I get a specialist school or college written into my EHCP?
FAQBright FuturesNovember 11, 2021special school, specialist school, section i
How can I get a diagnosis?
How can I get a diagnosis?
FAQBright FuturesNovember 11, 2021diagnosis, assessments, private assessments
What is section 41?
What is section 41?
FAQBright FuturesNovember 11, 2021section 41
What is a tribunal judge?
What is a tribunal judge?
FAQBright FuturesNovember 11, 2021tribunal, judge, appeal
What is an LA response?
What is an LA response?
FAQBright FuturesNovember 11, 2021
How many Tribunal members will be there?
How many Tribunal members will be there?
Bright FuturesNovember 11, 2021
Is an EHCP the same as an IEP?
Is an EHCP the same as an IEP?
FAQBright FuturesNovember 11, 2021ehcp, iep
Can a Working Document be edited after submission?
Can a Working Document be edited after submission?
FAQBright FuturesNovember 11, 2021EHCP, tribunal, working document, appeal, SEN
Can a school refuse a child with an EHCP?
Can a school refuse a child with an EHCP?

Only if the school is not on Section 38 of the Children and Families Act (which includes Section 41 schools) and therefore does not have to follow the Code of Practice.

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EHCP TipsBright FuturesJune 6, 2021Bright Futures Consultancy
Can an EHCP be ceased?
Can an EHCP be ceased?

Unfortunately so. Make sure you know your rights so that it is not ceased unlawfully.

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EHCP TipsBright FuturesJune 6, 2021Bright Futures Consultancy
My local authority has refused to name a mainstream school, what rights do I have?
My local authority has refused to name a mainstream school, what rights do I have?

You have rights to a mainstream school, even if the local authority does not consider the school appropriate.

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EHCP TipsBright FuturesJune 6, 2021Bright Futures Consultancy
Can an independent school be named on an EHCP?
Can an independent school be named on an EHCP?

Yes, if it is the only suitable school or it does not amount to unreasonable public expenditure.

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EHCP TipsBright FuturesJune 6, 2021Bright Futures Consultancy
Can you appeal to health and social care?
Can you appeal to health and social care?

Yes, via the National Trial Scheme, which is due to end August 2021.

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AppealsBright FuturesJune 6, 2021Bright Futures Consultancy
Who is responsible for an EHCP?
Who is responsible for an EHCP?

The local authority is ultimately responsible and accountable even if they have largely delegated to the school.

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EHCP TipsBright FuturesJune 6, 2021Bright Futures Consultancy
What is mediation and is it worth it?
What is mediation and is it worth it?

It depends on what point of the journey you are at, but we normally advise against it as it is not legally binding and it can delay your rights to appeal.

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AppealsBright FuturesJune 6, 2021Bright Futures Consultancy
Can a child have an EHCP before they start school?
Can a child have an EHCP before they start school?

Yes! An EHCP can be issued from age 0 to 25.

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EHCP TipsBright FuturesJune 6, 2021Bright Futures Consultancy
Do I need witnesses at tribunal?
Do I need witnesses at tribunal?

If you have disputes that need clarification from professionals, yes - it is a good idea to bring witnesses along.

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AppealsBright FuturesJune 6, 2021Bright Futures Consultancy
What is case law?
What is case law?

Disputes that have entered the Upper Tier Tribunal, where a ruling sets a precedent for other cases at First Tier Tribunal, going forward.

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AppealsBright FuturesJune 6, 2021Bright Futures Consultancy
Do I have to accept late evidence?
Do I have to accept late evidence?

The question of late evidence is a difficult one. A judge can overrule you in any event, even if you do not accept. If you do accept, you may wish to submit your own counter-evidence and argue that this should be accepted late too.

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AppealsBright FuturesJune 6, 2021Bright Futures Consultancy
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