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EHCP funding, mediation and tribunal

Andrea Lambert made this Freedom of Information request to Shropshire Council

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Dear Shropshire Council,

Of the LA’s decision not to grant an EHCP after assessment (between 1st Jan 2019 – 14th Sept 2020), how many decisions were overturned at the tribunal stage?

What is the current average time in weeks to complete the tribunal process?

At how many SEND Tribunals (in the same time period) was the services of a Barrister used and at what cost per case?

What is the total funding cost for Section I, for children with EHCPs during 2019 and 2020 that are not in a maintained school, please provide the breakdown depending on each education setting type, e.g. specialist schools, alternative education?

If a parent identified a viable, alternative education setting for Section I, what process would the LA follow to determine whether the EHCP funding could be transferred to the (alternative education) setting?

How many mediations have the LA attended in 2019 and 2020 for Section I of the EHCP where parents have appealed against the LA’s named school placement in preference for an alternative education setting?

Of which, how many of these mediations found in favour of the parent (to support an alternative education setting), fully /partially funded?

How many SEND Tribunals did SC concede to concerning appeals over Section I that they defended?

Of those where mediation found in favour of the LA, how many parents went on to appeal for a place in Section I, and the tribunal found in favour of the parent for an alternative education setting?

Yours faithfully,

Andrea Lambert

FOI, Shropshire Council

Dear Ms Lambert

 

Thank you for your request for information received on 14/09/2020.  We are
currently processing your request in accordance with the relevant
legislation.

 

Your request is for details about EHCP decisions overturned at Tribunal
Stage.

- This is a summary only and full details have been sent to the team
providing the response.

- If you feel the information is inaccurate or requires amendment, please
notify us as soon as possible using the contact details provided below. 

 
Please note:
 
The Council has been facing unprecedented challenges this year. Firstly,
in response to the flooding in February and now in responding to the
coronavirus (COVID-19) pandemic. During this time, resources may have to
be diverted away from usual compliance or information rights work. The
council acknowledges that it can’t extend statutory timescales of requests
and everyone is doing their best to meet these. However, priority may have
to be given to other areas, eg the safeguarding of vulnerable people,
during this extraordinary period.
The Information Commissioner’s Office has blogged about their approach to
requests during this time: [1]blog
 
The Information Commissioner’s Office has released a statement about Data
Protection and the Coronavirus here: [2]statement

 

 

Yours sincerely

 

Information Governance Team

Shropshire Council

Shirehall

Abbey Foregate

SHREWSBURY

SY2 6ND

 

Tel:                  01743 252179 / 252774 / 252747

Email:             [Shropshire Council request email]

Web:               [3]www.shropshire.gov.uk/access-to-information

 

 

 

[4]For information about Coronavirus click here/image below
[5][IMG]

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References

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4. https://www.gov.uk/coronavirus
5. https://www.gov.uk/coronavirus

Dear FOI,

The legal deadline for a response has now passed on this FOI.

I appreciate that many of your workers may be absent from your offices during this period of Covid-19 pandemic but some notification on when a response may be forthcoming would be appreciated with a view to releasing the details relating to EHCP funding, mediation and tribunals.

Yours sincerely,

Andrea Lambert

Information.Request, Shropshire Council

Dear Ms Lambert

Thank you for your email. We are sorry that your response has not been sent within the usual timeframe. Unfortunately it is not possible to provide an expected date at this time but we will send a reminder to the team responding.

Yours sincerely

Information Governance Team
Shropshire Council
Shirehall
Abbey Foregate
SHREWSBURY
SY2 6ND

Telephone: 01743 252179
Email: [Shropshire Council request email]

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Dear Information.Request,

This request remains outstanding and long over-due. Kindly request and confirm timescales from the relevant team.

Yours sincerely,

Andrea Lambert

Information.Request, Shropshire Council

Dear Ms Lambert

Thank you for your email and we are sorry for any inconvenience caused by the continued delay in responding.

We will approach the team and see if they are able to provide an estimated date for sending.

Yours sincerely

Information Governance Team
Shropshire Council
Shirehall
Abbey Foregate
SHREWSBURY
SY2 6ND

Telephone: 01743 252179
Email: [Shropshire Council request email]

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Dear Information.Request,

Please take this email as confirmation that I now seek an urgent internal review as this FOI is significantly overdue, with do solid reason provided.

Yours sincerely,

Andrea Lambert

Heather Jones, Shropshire Council

Dear Ms Lambert

Thank you for your email. We are sorry for the delay in responding to your request. We have registered your request for an internal review.

As previously advised, the council has been facing unprecedented challenges this year in responding to the coronavirus (COVID-19) pandemic. During this time, resources may have to be diverted away from usual compliance or information rights work. The council acknowledges that it can’t extend statutory timescales of requests and everyone is doing their best to meet these. However, priority may have to be given to other areas, eg the safeguarding of vulnerable people, during this extraordinary period.

We are sorry for the delay and are doing what we can to respond as soon as possible.

Yours sincerely

Information Governance Team
Shropshire Council
Shirehall
Abbey Foregate
SHREWSBURY
SY2 6ND

Telephone: 01743 252179
Email: [Shropshire Council request email]

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Karen Bradshaw, Shropshire Council

2 Attachments

Further to your request for information, please find our response
attached, with apologies for the delay.

 

Karen Bradshaw

Executive Director of Children’s Services

Shropshire Council

 

E mail:[email address]

PA Penny McLagan: [1][email address]

 

 

 

 

 

 

 

 

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Dear Karen Bradshaw,

Thank you for this reply.

One question has been misunderstood. When I referred to a non maintained secondary school, I was referring to a wholly private / independent school, not a Section 41 school.

I'd be grateful if you can provide those details at your earliest convenience.

Yours sincerely,

Andrea Lambert

Karen Bradshaw, Shropshire Council

1 Attachment

  • Attachment

    CAS 2168450 K3J3F5 EHCP decisions overturned at Tribunal Stage Follow Up.xlsx

    302K Download View as HTML

Thank you for the clarification, please find attached the response to your question.

Karen Bradshaw
Executive Director of Children’s Services
Shropshire Council

E mail:[email address]
PA Penny McLagan: [email address]

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We don't know whether the most recent response to this request contains information or not – if you are Andrea Lambert please sign in and let everyone know.