The Without Prejudice rule
Here is how you accept or suggest a solution short term solution without giving in long term to unacceptable situations.
There is a term legal bods use...
The without prejudice (WP) rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interests of the party which made them.
Below is an example;
Bobby has barriers to attendance and the EHCP has been finalised naming a mainstream school.
Bobbies family home educate Bobby but they believe they have clear evidence that EOTAS is necessary..
Bobby needs some support in place because they are home with nothing and the family cannot deliver what is needed.
The LA have said that they will offer the family a personal budget to meet some of the support in the EHCP and the family will take responsibility for the rest as they are EHE. The family do want the funds because they feel it will help but they do not want the LA to believe they accept the EHE status.. They also don't want to be signed on to a mainstream school and fight for Alternative Provision.. They want to focus all energy on the appeal for EOTAS..
Bobbys parents email the LA following the offer of EHE with a small personal budget..
Dear 0-25 Team
We will accept the offer of a personal budget of xxxx amount to cover xxxx without predjudice. We are certain that a setting of any kind is not appropriate. We do not wish to continue to Electively Home Educate, taking responsibility for Bobbys education in full.
We will be appealing for EOTAS but in the short term the offer you have made will be accepted by us, in an attempt to settle the current dispute of what will be in place, whilst we undergo an appeal.
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