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EHC transfer advice please

(14 Posts)
claw2 Tue 05-May-15 08:12:21

Hi, LA are refusing to amend ds's statement following AR for the second year.

Their excuse is that ds will be transferred to an EHC plan.

Ds will be going into year 7 in September.

School have been providing ds with all the support he needs ie OT etc.

Is it worth appealing their refusal to amend ds's statement?

pannetone Tue 05-May-15 09:43:13

I don't know the answer claw but lovely to 'see' you. How is your DS doing? I always followed your DS's story and since then my own DS(3)'s journey has been similar to yours - school anxiety, not able to attend, home tuition,getting a statement,placement at a mainstream indie, ongoing anxiety...

claw2 Tue 05-May-15 10:18:24

Hi panne, lovely to 'see' you too!

Ds is doing well thanks. Great improvements in some areas. School have been brilliant, with supplying the support, despite his vague statement. He is much 'happier'.

He is still scratching to various degrees, depending on his anxiety levels. His anxiety seems to mainly centre around social interaction. He tends to 'picked on' quite a bit by other children.

How are you getting on now?

pannetone Tue 05-May-15 13:00:34

Glad your DS is 'happier' and that the school are supporting him well.

DS3 finally got a statement naming the indi mainstream secondary we wanted - he is now Y8. He was out of school from Jan 14 to Easter this year as he didn't manage the transition to the local (good) comp in his Year 7. New indi has small class sizes but like your DS, social interaction causes my DS lots of anxiety and he is only managing about 3 and a half mornings a week. But on the bright side, since DS was out of class for over a year, it is progress.

DD also ended up out of her primary at the same time DS was off - she has ASD, anxiety and selective mutism. We had already applied for a statement for her to get more support in her primary but it became apparent she needed a 'specialist' setting. Last Sep she started at a tiny indi primary for DC 'with additional needs' and is doing brilliantly, including speaking in class for the first time - she is Y5 now.

Not sure if I was posting about my DS2 then (also ASD, anxiety) - he is now currently doing his first year exams at uni - after a long slog to get him into uni and then a re-start last Sep after he got too behind and left after a term in his original first year.

DS1's (NT) journey has been much smoother.... school, exams, uni, degree, now more uni for a PhD.

claw2 Tue 05-May-15 13:47:53

Wow you have been busy! Sounds like hard work, but that you have been very successful!

Is your ds3 receiving any additional support? For my ds just being in a much smaller class wasn't enough (although helpful)

Ds receives weekly OT and counselling sessions, this is how he has 'managed' to attend full time.

Icimoi Tue 05-May-15 16:01:29

Have they said when they'll do the transfer? And have they said whether they will reassess before doing so? They're supposed to, but lots of councils seem to be ignoring that.

AgnesDiPesto Tue 05-May-15 16:42:45

Hi Claw! Nice to hear things are going ok.
Is he staying in same school for year 7?
If so I probably wouldn't worry too much if you are sure the school will carry on doing what is necessary.
LA here is using transfers as a way of reopening up everyone's provision. We are awaiting our draft plan which is late but we are not pushing as we are happy with what we currently have and don't want anything to change.
If you are happy with what you have I might just sit tight.
Once he is safely into year 7 of the school of your choice then it would be harder for them to justify moving him so that might be a better / safer time to pick a fight??

claw2 Tue 05-May-15 16:57:41

Icimoi No they have not said when 'transfer review' will happen. I should imagine ds will be low priority, as he will remain in same school. School are providing provision from own resources etc.

Hi Agnes! I am happy with school. Initially after first review LA stated no amendments as ds would be transferred to plan. Then changed their minds and decided statement would be amended. Then back again to d's will be transferred at some point!

I just worry that if school do decide to stop support, I don't have a leg to stand on.

Owllady Tue 05-May-15 17:00:49

My understanding is that ECHP will replace all statements in time and this is being wheeled out slowly. Ours changes next year. We've been advised to seek independent support/advocacy at the meeting

Do you have a local parent/carer forum or a parent partnership?

pannetone Tue 05-May-15 17:06:30

My ASD 3DC are very much works in progress claw! We have to do secondary transfer review for DD this term - her school only goes to Y6.

DS3 has 2 sessions (30 mins) of 'mentoring support' from an LSA each week. He is going which is something! But as yet he hasn't built a relationship with the LSA whereby he will talk to her about his difficulties; he isn't yet confident she will be able to help.

claw2 Tue 05-May-15 18:23:26

Owl lady, our parent partnership share offices with the LA. I am doubtful of just how independent they are! Based on previous experience of them!

Yes all statements should by converted April 2018. However the LA also have a legal duty to maintain and review statements annually until EHC Roland are completed.

Not amending a statement due to unspecified future plan to convert to EHC is not a valid reason to not amend a statement. No amendments are needed is the only valid reason! So LA are saying that ds's amendments are 'overdue' but they don't want to amend statement! But I don't want to cut off my nose to spite my face!

claw2 Tue 05-May-15 18:30:07

Panne do you think the LSA is qualified to mentor? Or is it just early days?

claw2 Tue 05-May-15 23:36:03

LA have replied stating that no year 6 statements were amended! Ds would be prioritised once those 'required by law' were converted!

Thank you all for your replies, I think Agnes could be right.

claw2 Wed 06-May-15 08:47:52

Sorry to go on about this!

I have just heard from school that LA plans are to convert ds's statement in year 9, almost 3 years away.

My concerns are that part 2 of ds's statement does not identify his needs and part 3 does not contain any provision. So Ds has no legal protection of a statement.

School have been providing the provision, despite none of it being contained in his statement.

Should I be concerned or am I worrying about nothing?

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