EHCP - what to do if school does not take relevant and purposeful action?

[tartanterror]

That's it really. DS has ASD and a variety of issues that the school cannot or will not see. What they don't see, they don't have to deal with. So there will never be evidence that their efforts don't work - therefore no supporting evidence to justify an EHCP..... DS is doing well with some academics and refuses to do others - mainly handwriting so they simply say he is too able to qualify because his difficulties are invisible. It's upsetting as every day he has to just get on with things as best he can in a way that a child in a wheelchair would never just be expected to get on with PE.

How can a school be forced into action?

Or

How can the barrier to EHCP due to lack of action be removed?

Thanks

[tartanterror]

Sorry forgot to say that he has been on the SEN register for a health issue for 2 years but needs help with social skills and dysgraphia

[Runningtokeepstill]

Ds is in a similar position. The LA says there's no evidence for EHCP as the FE college did nothing to support ds. I applied and they refused to assess saying originally that he didn't qualify as there is no learning difficulty (he has a disability). I emailed the relevant part of sencop covering this and we had a meeting where it switched to "but college hasn't proved they need more resources as they haven't allocated any".

We're now meeting with college to try to get a support plan. I wanted an EHCP for him as he's running out of funding (normally 3 years for FE) and college have wasted a year for him by not supporting him and throwing him off his course. The LA have said he can get funding for additional years if necessary so we're trying to get college to step up. If they don't then we'll have to go for EHCP regardless of what LA says.

I think someone posted earlier in the year about applying for EHCP when the school had done nothing. I can't remember who though.

[tartanterror]

No. Trying to work out whether to apply for EHC assessment now or do another cycle of SEN plan-do-review with the school after the paediatrician's report arrives.

[Ineedmorepatience]

If you have an unsupportive school but you have evidence that progress is slow or isnt happening in whatever area you should apply yourself.

Your request will probably be turned down because most are but that could happen even if you wait for another cycle.

If you request an assessment and its refused you should appeal, last yr 86% of parents won their appeals.

Good luck

[tartanterror]

Thanks all. I've scoured the IPSEA and SOSSEN websites and am waiting to go on a seminar once things start up again after the summer.

Anita - Thanks for your kind offer of help. Any chance you could post again to give me a hint that you can answer the 2 questions in my OP? If so, you would clearly be worth your weight in gold and I'd be on the phone straight away! ;)

Running it is so frustrating isn't it? I know others are having terrible trouble with the rest of the EHCP but it's like we can't even get off the starting blocks! If you can remember anything about the thread title that would be fab - I can hunt around for it

I'm off to read chapter 11 of the SEN COP. Having a few quotes from there might encourage them into action.

[tartanterror]

Aha - success!

If the school don't take appropriate action in the face of good evidence of SEN, the COP suggests using their formal complaints procedure.

Running get on to your FE college's website to see if you can find their policy! If I were you I would mention that you are "concerned" that you might have to lodge a formal complaint - so what can they do to help you avoid all that....?

Our school has a 3 stage process with all the timescales (quite short) set out in a policy document. It's up to the complainant to escalate at each stage...

I think I'll try to get the school to agree that the accommodations set out in the diagnosis paperwork will be in place within 4 weeks, then start adgitating. Wish me luck!

It might take a while, but I'll try to remember to pop back with an update

[Runningtokeepstill]

Thanks tartan, sadly we're already at the 3rd and final stage of the complaints procedure with college. It's taken almost the whole of the academic year. What's happened so far with the complaint leaves me thinking that either they are grossly incompetent or they have been deliberately trying to fob us off in the hope that we'll go away. Sadly everyone we know in similar circumstances at this college has given up and gone away.

In theory we now have an agreement that they'll assess him and put a support plan in place although it hasn't happened yet. I started taking a witness to complaint meetings as verbally they said the right things before but then wouldn't give me minutes of the meeting, or answer my emails for ages or sort much out. We're now dealing with the new principal so I'm hoping he'll get things moving.

[Runningtokeepstill]

Sorry can't remember anything about the thread where someone mentioned getting EHCP even though school was unsupportive. Perhaps the poster will come along.

[JudyCoolibar]

Basically you need to appeal. The criterion for assessment under the Children and Families Act (I think it might be section 38 but I'm not sure and it's too early to look!) is whether the child might have SEN and whether he might need help via an EHCP, so it's not a difficult one to meet. Also it sounds as if your school is making the mistake of focussing on academic progress and doesn't realise that the question of whether the child is making adequate progress should relate to other issues including behaviour and social and emotional issues. If he's refusing to do things at school, that sounds like pretty strong evidence on its own.

I'd suggest asking for copies of school records. Also look at creating a paper trail. For instance, if he's refusing to do school work, send them emails asking what they plan to do about it; if he refuses to do homework, put a note in his home school book and make copies; ask for a meeting to discuss what they're going to do about this, take someone with you to make notes, and send the school your minutes of the meeting afterwards.

[youarenotkiddingme]

Also look at Manchester Vs JW case re statement.

I'm in same situation where school haven't used resources as they refuse to note or recognise his difficulties. (Been a nightmare year!)

[tartanterror]

Hi been away on holiday and just seen these helpful suggestions - thanks. Interesting about the refusal to do things being supporting evidence. I've been slow to realise that his destroying pencils, damaging a chair and putting holes in his clothes should also be things I highlight as signs of distress. Otherwise he is not disruptive so the school imply all is fine. I'll also try to find that case. Thanks all!

[tartanterror]

youarenotkiddingme is this the case you mean here?

Thanks for this as paragraph 17 looks very useful!

[youarenotkiddingme]

Yea and it's section 17 I have got highlighted too! Plus I few others I'll look at now and report back to you on!

[youarenotkiddingme]

Paragraph 30. It says about the provision being available and funding.

[tartanterror]

I also found this which quotes: "Local Government Ombudsman, Tony Redmond. In his report, issued today (8 July 2009) he says: “I consider that it cannot normally be right that parents or carers have to commission and pay for their own educational psychologists’ reports to persuade a council to commence a statutory assessment.”

[youarenotkiddingme]

Brilliant tartan that can be used to say that we shouldn't have to commission a private report to get things quantified and specified.

[tartanterror]

yes but there is still the loophole which I need to plug tho which is to establish whether the school is expected to commission an EP ..... I'm pretty sure I've read something which says not but I can no longer find it..... Any ideas?

[youarenotkiddingme]

EP should be commissioned as part of assessment.

[tartanterror]

maybe this?
As Judge Jacobs said in Buckinghamshire CC v HW, [2013] ELR 519, at paragraph 12, “in order to satisfy the definition in section 312, it is only necessary for a local authority or tribunal to be satisfied that a child has learning difficulty (as defined) that calls for special educational provision. It is not necessary for the learning difficulty or the provision required to be identified with the precision that would be required in a statement. The purpose of an assessment is to identify them more precisely.”

[youarenotkiddingme]

Yes but bare in mind this relates to a statement so you have to cross reference case law and upper tribunals with the relevant section of SENDCOP and 2014 childrens and families act.

Section 37 states that assessment carried out if child has or may habe Sen and may require an EHCP.

My argument is how can they tell if an echp is required or not if no assessment made.

In my case my la are saying that having salt, OT, and learning needs doesn't warrant echp assessment as all can be provided without EHCP. That its not more than most children need in MS school

My argument is that most children don't need laptop to write, one hour daily physio/OT, support to follow tasks and have spelling and reading difficulties.

They won't budge! I get the feeling they may concede before tribunal but that will oiss me off more as it's obviously a delay tactic!

[JudyCoolibar]

The SEND regulations 2014 sets out the reports that the LA has to get when they decide to assess, and included in the list is an ed psych report. Therefore they can't demand that the school gets one before that stage. The only criterion for deciding whether to assess is that the child may have SEN, and may need the support of an EHC Plan - not whether an ed psych says he should be assessed.

There's a new appeal report (Hertfordshire County Council v MC - www.bailii.org/uk/cases/UKUT/AAC/2016/385.html) where they've endorsed the Manchester approach. Although it relates to the decision to issue an EHCP after assessment, quite a lot of it is relevant.

Also good to see it's another appeal Baker Small has lost.

[tartanterror]

Thanks Judy - I will have a look.
Youarenotkiddingme that is bizarre. I hope you get them to see sense and help your DC