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Gah! DS is being transferred over to an EHCP

(31 Posts)
uggerthebugger Wed 03-Sep-14 17:10:34

So, I've spent the last 9 months going toe-to-toe with the LA over DS2's statement. Overhauled Part 2, 3, got a change to named school in 4, expended blood, sweat, tears, the usual. Got it finalised about seven weeks ago.

Letter arrives from LA today. DS2 will be one of the first in the borough to transfer over to an EHCP. School and LA will be setting up some meetings in the next few weeks. Lots of lovely meetings. We're going to be filling out an "Our Story" form, and then we'll all put the EHCP together as a team.

I can barely contain my enthusiasm. No, fuck that. I can barely contain the urge to self-harm. Just when we had a legal document that finally nailed DS's needs, nailed his provision and nailed his placement, off we go again. I've got no doubt that we'll get the EHCP, but I'm pretty sure that we're in for another fight to keep the specific & quantified provision & placement sad

I don't know if anyone else on MNSN is starting down the EHCP route yet. I'll keep you updated on how things go - it's a Pathfinder LA with a slightly better rep for efficiency and a slightly lower rep for psychopathy than most, so fingers crossed.....

bjkmummy Wed 03-Sep-14 17:18:38

what year is he in ugger?

JennyOnTheBlocks Wed 03-Sep-14 17:20:16

piggy-backing your thread as i think we'll be battling with our Pathfinder LA to assess for EHCP very soon too

Ineedmorepatience Wed 03-Sep-14 17:26:33

Oh gee ugger!! I can understand why you would be worried hmm

What are they like??

Good luck smile

JennyOnTheBlocks Wed 03-Sep-14 17:43:20

"Our Story" sounds like a SEN version of "Our Tune" from the Simon Bates era on radio 1 sad [sceptical]

uggerthebugger Wed 03-Sep-14 17:44:11

bjk he's Y6, so transition year to secondary where we are (same as your DD?) - When we were negotiating the statement, the LA took out previously-agreed provision. They were clearly thinking much more about the future secondary than the current primary placement when they did that. We got them to put it back in, but not without a fight...

Ineed the EHCP format the LA laid out when they were doing the Pathfinder was pretty well structured.... but the example they gave had close to fuck-all specified or quantified provision. I don't know any parents round here who went through the EHCP Pathfinder stuff, I'd better see who I can find!

JennyOnTheBlocks Wed 03-Sep-14 17:47:00

whereabouts are you, ugger?

uggerthebugger Wed 03-Sep-14 17:52:01

jenny smile , I'm half-tempted to give them the full version of Our Story - the one where the family struggles to come to terms with the disability, gets on top of it, then come closes to collapse trying to get the kids the support they need from a supporting cast of sociopathic fucknuts.

Might not need the Our Tune theme for that tbh. Probably a job for Scandinavian grindcore metal or something...

uggerthebugger Wed 03-Sep-14 17:55:29

We're in the South East...

JennyOnTheBlocks Wed 03-Sep-14 17:59:07

ah right, wondered if you were near me, might have been able to hook you up with someone, but we're in...well the arse end of nowhere where no one gives a flying fuck about children angry

i've got that bloody awful 'Our Tune' music as an ear worm now, better than the theme to Oggy and the Cockroaches which is on repeat blasted Netflix

jigster01 Wed 03-Sep-14 18:22:41

We have our annual review next month -Yr 11
Ds hopes to go to fe college so we will be having "our story" very soon no doubt ....I was reading the new code regarding 16-25 Yr olds on Ipsea yesterday and the bit where it said students with statements will all need to be reassessed for ehcp left me cold we go again !!!! We are SE but not pathfinder
I will be keeping a close eye on your posts

bjkmummy Wed 03-Sep-14 18:23:07

i thought the guidance says that the LA have to take into consideration this year only the views of the parents so you can opt to defer to year 9 - but this applies to kids in year 6 this year only - hence why im going to excerise that right with my son who is in indie school and I have the same fears as you especially as the statement was written by the tribunal so im not giving up that provision without a fight - have a look at the transition onto ehcp advice that was published a few days ago - it mentions about the year 6 this situation in there

uggerthebugger Wed 03-Sep-14 18:50:42

Got it - bjk , you're a hero! This is what it says...

5.13 In addition to complying with the requirements set out in paragraph 5.12, local authorities should aim to transfer the following groups of children and young people from 1 September 2016 to 31 March 2018:

all children with statements of SEN in year 6, not just those who are transferring from one institution to another– local authorities must consult the child’s parent on whether to secure an EHC assessment

That should be enough for me to push back a bit I think.... thanks

bjkmummy Wed 03-Sep-14 19:03:31

you are welcome ugger - I know other LA's have sent parents of children in year 6 letters giving them the option whether to transfer now or later. this only applies to this year 6 group - next year children in year 6 will probably have to transfer over.

BackToSchoolTOWIE Wed 03-Sep-14 19:54:45

Exactly as bjk says. My DS is also year 6 and I've refused to transition this year too. The LA's HAVE to take into account the parents views on current year 6 children.

There is no way I want to be a guinea pig so early in the new legislation!

pannetone Wed 03-Sep-14 23:05:37

Bit of a different point on EHCPs -but I seem to be amongst experts! DS (now y8) has been being assessed since June and when I rang to check when we would get a decision I was told that as Sep 1st has now passed, DS will be issued with a draft EHCP (or the equivalent of a NIL under the 'old' system, which I am told is no-document-at-all!) I said I thought because DS has been assessed under the old system he should get a statement/NIL. I was told that if I insisted on a statement DS would then be transferred to an EHCP - with the implication that this would happen straight away.

Do I insist on a statement/NIL? Am I right that I can insist?

bjkmummy Wed 03-Sep-14 23:16:38

I thought that under the new EHCP you either get one or you don't -theres no middle ground of a NIL type document anymore.

I would have thought as you started under the old system your final outcome would be under the old system but guess its confused now that 1st sept has passed so in reality they cant issue a NIL (I got mine in august so just before it all changed)

do you know what the decision of the assessment is 0 ie they are issuing a statement or not. the problem is that the LA probably don't know what they are really meant to be doing. I think it may be wise to speak to ipsea about it

BackToSchoolTOWIE Wed 03-Sep-14 23:30:58

Somewhere amongst all the gumpf, I'm pretty sure I read that as long as you've started under the old system, then its up to the parents to decide to continue under the old system (i.e be issued with a Statement/NIL) or convert to an EHCP.

Sorry, can't remember whereabouts I read it, but I do remember seeing it somewhere.

pannetone Wed 03-Sep-14 23:38:39

Thanks bjk . No, I don't know the outcome of the assessment - it was a bit of a curious conversation as the SEN caseworker obviously knew if she had a draft EHCP in front of her or not but she couldn't tell me as it hasn't been to panel yet....

I will try to speak to IPSEA tomorrow. I also think that (like in your case) my LA are trying to do their own timescale - by my calculations I thought the LA had to make their decision by last Wed which was still August... (Do they get 10 or 12 weeks from the decision to assess?)

zzzzz Wed 03-Sep-14 23:49:16

We've started the process too. I am underwhelmed so far.

bjkmummy Thu 04-Sep-14 00:08:52

they have 10 weeks to make the decision and then 2 weeks to issue a nil/statement. I think what towie is referring to may also be in the transition document that was published recently explaining how the transition process would work - have a look of the dept of education website and you should find the document

uggerthebugger Thu 04-Sep-14 05:46:26

pannetone , check page 9 of the transitional arrangements - link here - I think they need your consent to switch a SA in progress over to an EHCP track.

ohnoalfie Thu 04-Sep-14 10:40:53

thanks very much ugger, I was going to ask if anyone had the link. I had a call from my senco right at the end of term in July saying the LA wanted to move over all children in year six to EHCP and could I attend a one and a half day course. No mention was made of point 5.13 (thanks bjk) so I'll go back and say no thanks.

ouryve Thu 04-Sep-14 11:03:50

Oh joy, DS1's in year 6 and having a review in October. He'll not even be changing school, so I think that's a definite no thanks if the LA expresses a wish to transfer him.

DS2's in year 4 and due a review, so I'll have to read that document because the SENCO probably won't have seen it.

PandasRock Thu 04-Sep-14 12:02:18

Thanks for this thread. I had a letter this morning saying the LA want to love dd1 over to ECHP and my heart sank - her statement is fine, her school placement great (we are facing transition this year too, and the LA are making noises about reassessing her, probably with a view to trying to move her -eeeeek!). Good to know it may not be a done and dusted fact.

I will have a more careful read when ds goes down for his nap after lunch. thanks for all the info so far

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