EHCP caseworker

[PonderingPanda]

Can anyone tell me what is the role of the caseworker during the EHCP process.

[Catwoman1985]

The caseworker is the one who draws together the assessments and writes the draft EHCP then makes changes and finalises it. In most Local Authorities, here is an EHCP panel who make the decision a) whether to assess for an EHCP and if so which assessments are needed and b) whether to then grant an ehcp once assessments are complete.It is usually managers in my experience who decide which funding to award. The caseworker is the one relaying all this to you and drawing things together. I find they are good people to keep regular contact with.

[PonderingPanda]

Many thanks. So they are key to ensuring all the information is gathered and presented to the Panel correctly?

[Catwoman1985]

Sorry for the delay. Yes that’s right though to be honest I micromanage the entire process for this and leave absolutely nothing to chance.

[PonderingPanda]

Many thanks.

Are you a Caseworker?

My EHCP was denied again and when questioned as to why my Caseworker started apologising that she hadn't cross referenced reports.

Even if she failed in her role, would that have an affect on the Panel because surely they should be reviewing the evidence themselves

[Catwoman1985]

No, I am a SENDCo amongst other roles.
Caseworkers tend to be hugely overworked in many LAs and a lot of mistakes are made or things overlooked, thus my comment about micromanaging them. I know it probably annoys them but it is unfortunately necessary.
The panel SHOULD be reviewing cases themselves but it is worth finding out exactly what paper was in front of them when the decision was made.
Are you at the request to assess stage? If you have been refused at this point absolutely go to appeal. The legal for Statutory Assessment for an EHCP is far lower than Local Authorities have you believe and the appeal at this stage is done on the paperwork, not you needing to attend.
Did they give you feedback as to why it was a refuse to assess decision?

[PonderingPanda]

They assessed and said that the Educational psychologist 2019 report recommendations can be met in college with no EHCP. What they haven't acknowledged is that the 2019 report is a rehash of the 2017 report by the same EP and the reason for that is because the school did everything that was recommended (and more!) and DS deteriorated further.

Caseworker apologised as they didn't "cross reference" the reports. Even though my letter requesting assessment was 10 pages long and went through every single recommendation the EP made, what the school did in regards to it and the outcome.

Caseworker is now back tracking and saying the Panel looked at all the evidence presented and if I'm not happy with the EP report to take it up with her.

Caseworker also said college can apply for HNF which l asked how he would get awarded it when school were turned down even though DS had a 1-2-1 LSA, plus the college have no evidence as he hasn't started there yet. She didn't answer that originally but is now saying College's don't get HNF as it's incorporated in their budget already

[PonderingPanda]

The 2019 report is a rehash because the Outcomes from 2017 still need to be met. My caseworker said that as they have been put back in the report then the Panel have decided that my son just needs a "bit longer for it to embed". I asked how long as this was 1.5yrs worth of interventions. No answer given

[Catwoman1985]

Yeah LAs like to fob parents off...

[PonderingPanda]

Not going to work with me. I will take it to tribunal this time.

[Tarano17]

Can you afford a solicitor? I just won 2 Sendist tribunals for both my dcs. If you are unsure what to do you could contact IPSEA who will give you step by step legal advice. From personal experience of being fobbed of by my la and after many years of my dcs education needs being ignored and denied by the la, they are very delayed now, I would get independent legal advice via Ipsea or if you can afford it get a good education solicitor. LAs have a tendency to delay responding to parents in the hope time limits for applying for appeal will pass. Don’t accept excuses from la and keep an eye on deadline dates or it will be to the detriment of your dc.

[PonderingPanda]

Hi. I managed to get a phone appointment with IPSEA and was blown away with her knowledge.

I submitted a complaint about the handling of the assessment using their model 7 letter. Received a reply saying my complaint wasn't upheld and they didn't have to seek any other professionals advise i.e OT and PT as my son hadn't seen them in years. I am in the process of writing a scathing email pointing out that the EP put in her report that he needed assessing by them..... and therefore they should have done it!

Have also found a solicitor who helped me start the Tribunal paperwork. Speaking again to her tomorrow. She has already said I'll need a private EP report which is £££.

I have got another phonecall booked in with IPSEA but I'll hv to cancel it now l have a solicitor won't l?

[Tarano17]

Not at all you don’t have to cancel the IPSEA phone call BUT once your education solicitor starts getting really involved it might be better to have only 1 legal Education professional giving you advice. The firm that won my 2 Sendist tribunals are a well known education solicitors and were brilliant. They are Expensive but for me it was better to pay a firm that will win my dcs tribunals than a solicitor that will just happily take my money without doing the work and lose. There are lots of solicitors out there that will say they will help and take all your money & they know nothing, do nothing and won’t help so do be careful with your £££s OP. LAs don’t uphold internal education complaints as it would be admitting they fobbed you off and acted to the detriment of your dc. In my cases my LA got very dirty ie refusing to keep deadlines and dragging things out v slowly in hope I would give up and I would be unable to fund solicitor further so good luck.

[PonderingPanda]

Many thanks.

This particular solicitor l first became aware of was when l attended a forum at their solicitors firm which was a free event for parents on how to apply for an EHCP and the legislation surrounding it.

She then emailed me the exact wording l needed to put in my request letter i.e about him having diagnosed SEN etc.

I spoke to her for an hour last week and she didn't charge me and she's due to phone today. So I'm really hoping she's decent!

I'm in Northampton

[Mummyshark2018]

Op there is a misunderstanding about what an EHCP needs assessment entails. If the EP recommended that your dc should have seen an OT And PT then the usual referral route is through school or GP- the LA does not do this for you. As part of the EHCP process the LA does not refer to these agencies- they merely request previously held information and may ask for a new report written in the format they require and specifying provision. The only new information LA's have to collect as in a statutory duty is a new EP report. The LA's I have worked in don't always request a paeds assessment.
Good luck and I hope it works out. It really is a minefield!

[PonderingPanda]

Many thanks. The LA did not request any further reports at all. The EP said that his other issues impact upon him and so futher assessment by other professionals is required.

[PonderingPanda]

I just find it shocking that for the last 2yrs the school has implemented everything that was recommended in the 2017 EP report at great cost to themselves £23,000.

And the 2019 EP report builds on this saying how he has deteriorated further.

But the Panel have still declined to issue and said College can give it a shot now.

[Calmed]

I think it will help to consider that many LA's will do and say anything that will prevent them spending money; it does not need to be true. They can and do continually ignore the law and will quote incorrect law at you, so you need to be well informed. You seem to have had a very supportive school, but also bear in mind that this is not always the case and schools/colleges can act in their own interests and if that means supporting the LA, then they also can not be trusted to be truthful.

It's great to hear of a supportive school :)

[PonderingPanda]

That is exactly my concern. School have put up with so much awful behaviour and not expelled him, but college have already said they have behaviour policies. Therefore without the "protection" of an EHCP he could be without a placement.

College has said they can financially support like the school but are not sure they can support behaviour wise.....but they won't put that in writing...

[Isatis]

Op there is a misunderstanding about what an EHCP needs assessment entails. If the EP recommended that your dc should have seen an OT And PT then the usual referral route is through school or GP- the LA does not do this for you

This is absolutely not true. The SEND Regulations 2014 make it absolutely clear that it is the LA's duty to obtain all the advice and information it needs to make a proper assessment once it has decided to assess. It cannot fob that duty off onto the school or the GP. It has to make a properly informed decision on whether the child needs an EHCP, which it cannot do unless it has the required information. If it decides to issue an EHCP, that EHCP has to contain information about all the child's difficulties and detailed and specific provision to meet each and every one of those difficulties - obviously an LA cannot hope to comply with that duty unless it has obtained advice from specialists in the relevant areas.

If you are in any doubt about this, have a look at a whole series ombudsman decisions where LAs have been censured and made to reimburse parents who have had to pay for reports because the LA wouldn't get them - this one, for instance.

[PonderingPanda]

@Isatis - thankyou. That is exactly what my argument is. I have complained to the Director of children's services in my area. They tried to fob me off by saying they didn't need to do assessments. My subsequent reply quoted the Code saying they do need too.

They now want to meet me to "discuss my ongoing concerns "... so will be meeting them next week.

Rulings like the above will really help my case. Do you know of any others?

[Isatis]

It's true that the legislation says they have to get advice and information and doesn't specifically require assessments; however, if the child hasn't been assessed in relation to the relevant difficulty before, it's arguable the no professional can possibly give reliable advice and information without assessing.

I don't know of other LGO references offhand, but the decisions section of their website is reasonably easy to search and I'm sure you'd find other examples.

[PonderingPanda]

@Isatis - l agree, and l sent them the original diagnosis reports which are years old. So they had them PLUS the EP wrote it in her report that he needs further assessment from other professionals in regards to those diagnosis' to find out hiw they impact on him.

[PonderingPanda]

Just to give a quick update. The meeting went ahead and they agreed to pay for a Sensory OT assessment.

I filed for tribunal and they conceeded beforehand end of August.

Requested a s17 assessment. I have a stage 2 complaint meeting about that experience next week. The SW wrote an awful report with inaccuracies.... for example "the children were very upset by the material grandmothers death".... my mother is VERY much alive and feeling rather miffed at being killed off!!

Also the SW stated that due to getting an EHCP Social care isn't required and so a full assessment wasn't carried out.

I still don't have the EHCP as the draft was ripped apart by my solicitor as being absolutely shite.

The fight continues

[Ellie56]

You look a though you are treading a similar road to us OP. It took us 71 weeks to get our son's EHC Plan and the LA dragged their heels every step of the way.

[Ellie56]

And if you get nowhere with your complaint take it to the Local Government Ombudsman. They are well used to LAs being useless and crap.

www.lgo.org.uk/assets/attach/4197/EHCP-FINAL2.pdf