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draft echp- not got the provision i asked for

(23 Posts)
kojackscat Sat 09-May-15 12:19:35

Finally got DS draft. Some bits are quantified, others are not.
But the most important part, about him needing small small class sizes, is not in there. At all. The main report that it was suggested in hasn't been listed as evidence.
Can they choose not to include a report if they don't like its recommendations?

Small group sizes was also mentioned in other reports, but just as comments, not actual recommendations.
I have asked for a meeting, do you think I have any chance of being listened to?

StarlightMcKenzee Sat 09-May-15 13:27:12

No. I wouldn't bother with a meeting. Write to them pointing out their mistake, supply a copy of the missing report, return the EHCP with it added in and underlined, and use a tone that implies it was unintentional and will be rectified,

While you are waiting for a response to that, get to know the IPSEA website, download the appeal forms and begin filling it in. Even if you never have to appeal this is a useful exercise to clarify your thinking and to structure your knowledge in 'official' language,

kojackscat Sat 09-May-15 15:04:12

Oh, I have already returned the form asking for a meeting. Parent partnership will come with me. But ill look at the ipsea form to get an idea of how it should work. Why so you think an appeal will work better than a meeting? I want this to be sorrted as soon as possible to get the placement I want. The panel for that school is in 3 weeks, so an appeal will slow things down and we will miss the panel, and all the places will be allocated to other children.

fairgame Sat 09-May-15 17:25:05

You can't appeal yet as it's a draft and you can only appeal a final version. Go to your meeting but be prepared that you might need to appeal the final version if the LA don't budge. A school being full doesn't mean that you can't have a place so you can appeal that as well.

StarlightMcKenzee Sat 09-May-15 17:48:26

You can start to fill in the appeal forms at any time, ready for postage the day the final arrives.

A meeting (under the old system so you'd need to check for the new though I would expect it is the same) stalls the timelines and resets the clock.

An appeal doesn't prevent any panels from meeting, deciding on placement or prevent the LA from giving you what your child needs at any point. It won't delay things, but in fact speed things up as they know you mean it. Why give a place to a child whose parents are unlikely to appeal when they know you are going to likely force them to find a place additionally or fund an independent placement instead?

fairgame Sat 09-May-15 18:02:09

It doesn't reset the clock under the new system afaik starlight. OP still only has 15 to comment on the draft, including arranging a meeting etc.

www.ipsea.org.uk/what-you-need-to-know/ehc-plans/draft-ehc-plans

kojackscat Sat 09-May-15 18:53:02

I know about the 15 days, they have to have a meeting with me if i request one. Which I have done. My OT says she will come with me, but i dont know if that is allowed

kojackscat Mon 11-May-15 08:38:21

Starlight, thanks for directing me to the ipsea website. I found a checklist, and a description of the differences between education and health.
It is clear tha tOT must be provided in the education section, and the LA have to pay for it privately, if its not available on nhs.
That is so useful to know, cos it has been omitted entirely from the plan, and I was verbally told that the nhs do not provide it so it can't be included.

Also, my lovely OT re wrote the whole section, with what she thinks ds needs. She did this on a Sunday, and she knows no one is paying her for those hours, so she is a star.

streakybacon Mon 11-May-15 12:10:31

Ds's EHCP went to four (might even have been five) drafts before it was finalised. Each time I went through it with a fine tooth comb and wrote back with edits, until both I and the LA were satisfied that it accurately described ds and his needs. It's not worth the paper it's written on if it doesn't and if you're not happy with it, you need to say so and correct it.

kojackscat Mon 11-May-15 12:15:26

I will say so, streakybacon, I will.

I am waiting for the LA to offer me some dates to meet, as they couldn't do the ones I suggested.

If I don't hear from them today, I'll be back on the phone tomorrow morning at 9!

I just want this to be sorted, we have been looking for help for DS since nursery, now he is in year 1 and we still don't have a plan. I keep reminding the LA that this is a real child we are talking about, who struggles every day in the wrong setting without the help he needs. They seem to forget that real people are involved.

streakybacon Mon 11-May-15 13:01:08

I'd avoid the phone - no record of conversation having taken place. Write your reponses, suggested edits, referencing the section and page number of the EHCP so you have a record of your changes. Email and get a receipt. If you do want to phone, do it just to say that you're emailing your response.

You're right - they do forget they are dealing with people and not just words on paper sad.

kojackscat Wed 13-May-15 15:21:06

Ok, I have mt draft plan, my list of what amendments I want, a checklist from ipsea, and a supporter from parent partnership.
All ready for tomorrow
I could do with some courage, though!

MairOldAlibi Wed 13-May-15 15:56:15

Here's some

streakybacon Wed 13-May-15 16:49:52

<waves pop-poms>
Go you! Good luck smile.

StarlightMcKenzee Wed 13-May-15 18:05:05

You'll be grand. And always remember, it is never your one and only chance.

kojackscat Wed 13-May-15 18:42:19

thanks everyone.

ari11 Thu 14-May-15 16:55:17

hope it went ok today and they agreed to the amendments smile

kojackscat Thu 14-May-15 17:13:30

thanks ari11.
It went ok, they agreed to some, but not to others.

But i feel I did ok, didn't let them bulldoze me into things i didn't want.

have to wait to see what schools think about it.

senvet Fri 15-May-15 00:31:41

Hang in ther Kojak

Don't let them get away without specific reference to the small groups including how often and for how long and/or for what activities.

And I like the wording "dc will have [insert to provision]"

The LA may prefer "dc would benefit from", "dc will have access to", or "dc will be given opprtunities to...".

Needless to say the LA-type wording is illegal and allows them to send nothing.

Good Luck

kojackscat Sat 16-May-15 09:33:13

I e mailed the sen coordinator yesterday, with my summary of the meeting, detailing exactly what amendments she agreed to make, and what actions she said she will take.

I hope that helps, because last time we met she agreed to lots of things that somehow didn't find their way onto the draft.

MairOldAlibi Sun 17-May-15 22:31:05

Attagirl (attacat?)

StarlightMcKenzee Sun 17-May-15 22:42:41

Yay kojack Well done you. became an expert very quickly!

kojackscat Mon 18-May-15 08:54:53

Not that quickly, senvet, we have been asking for a statement since he was two, he is now 6.5!

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