Removal of an EHC Plan(15 Posts)
Does anyone know how to "get rid" of an EHC plan?
Without going into the case my son doesn't need one, so any help of this topic would be gratefully received.
Depends on why it was issued in the first place and if the school agree it isn't needed? Have you met with the senco/inclusion leader? Why do you want to get rid of it? No negative connotations to having one...?
Call an early annual review, make it one of the actions - LA to consider ceasing to maintain the EHCP make sure your reasons and evidence are attached.
First step would be the senco to talk it through as to why you want to remove it and if your child still needs one from a school point of view.
Not saying this is the case here, but I've known parents not 'declare' their child was statemented/ had an EHCP in order to get into a particular school etc (usually private) to prevent the school claiming they can't meet the needs outlined in the plan.
Second point- I think the LA can challenge removal of EHCP if they feel it's in child's best interests to remain. Given that it's 0-25, it is a document primarily to prevent the child's interests rather than parental per se.
Think first step is to either speak to school or LA to find out how to get a review- they may want to make amendments initially rather than full removal.
My other question would be- how long has the EHCP been in place?
They may question how the needs that were present 2-3years ago max (?) Have altered so much in a relatively short period of time, bearing in mind that your child will have had a number of assessments/ evidence from other professionals in order to get the EHCP in the first place.
You may be required to demonstrate/ evidence how the situation has changed so be prepared for this.
Thanks for the feedback. We've been challenging Bucks CC for well over a year now, they have fundamentally failed my son in many ways (Including a data protection breach for go measure), they confirmed they would get him back into mainstream for the first term back in September and haven't. I've had a multi disciplinary assessment carried out by an independent paediatrician and the results came back that he is a highly intelligent boy who need a suitably challenging environment to work in. They have said the current environment is not suitable, so we have removed him. Despite the new independent report the LEA "professionals" are sticking to their guns. I have never had the misfortune of dealing with so many incompetent and narrow minded individuals in my life! This is the shortened version
Urgh! What a situation!
So are you being prevented from just applying directly to a school or via LA admissions dept? (Sorry if this is already obvious)
I've had more than one child transition back into my mainstream school and they just applied through our LA, with the EHCP it would have been near impossible for us to refuse and the onus would have been on us to prove we couldn't meet needs ie if the child needed specialist medical care. It's very interesting how different LAs interpret the EHCP.
We ensured our DS got his Statement of SEN (forerunner of EHCP) ceased.
We did this by carefully documenting progress, evidencing it and carefully monitoring any reduced provision (compared to that laid out in Statement) he was receiving. We then worked out he was not receiving enough provision, to go above the 6k the school has to take out of their own notional funds, to qualify for Higher Needs Funding. All this information was documented and sent to the LA at the Annual Review. Thankfully the school agreed he had 'progressed' and no longer needed the extra provision (I think they would have had a hard time proving they were providing it).
Basically he's has been given a "label" with no firm consistent diagnosis or anything which a school could actually work with, which is now preventing him from getting any form of appropriate education!! Now having to get legal advice as the "bundle" I have received needs someone who is qualified to give a firm rebuttal to the crap they have put in there, and to put our case forward.
You might find these people useful:
My DS had (& has) no firm diagnosis of anything either. We concentrated in evidencing attainment (good), and progress in level of additional need (good) along with carefully asking the school some very pertinent questions regarding the provision received and their provision mapping.
I think you can also request a reassessment (new SA) from the LA.
Yup the onus is on the la to maintain the EHCP, and they can only decide to cease to maintain if it's no longer necessary. So they can't challenge it (a decision to cease) they just decide not to cease it. Weirdly, there's no right of appeal set out for this situation.
Why can't you get him into mainstream though? That's separate really.
If you have a poor EHCP, what you need to do is to take steps to improve it, not get rid of it. Certainly an EHCP won't prevent your child from going back into the mainstream, if anything it will help. The fact that a child is intelligent also doesn't in any way rule out the possibility that he still needs an EHCP.
Is the problem that the names place is not the right place rather than the needs he has are incorrect?
Your Ds should be able to access MS with support outlined in EHCP
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