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ehcp naming setting

(17 Posts)
zzzzz Sun 31-Jan-16 18:10:18

on to our second draft now and have plumped for the school we want. The problem is that provision requirements are different for different settings. When do LA tell you which setting they are offering?????

I know this sounds daft and un-specific but I could do with some insight from anyone who has achieved ehcp and specialist setting.

confused and [fucking exhausted]

Russiandarcy Sun 31-Jan-16 18:20:30

I phoned the caseworker and asked. We wanted an independent so needed to know what we were up against. We did get our choice but I had to write reams on why not the others.

uggerthebugger Sun 31-Jan-16 19:10:10

Is DS moving up to secondary, zzzzz ?

If so, they have to cough up the final document by 15th February (SENDCOP 9.179) - and they are supposed to name the placement(s) in this final document (table detailing Section I on page 169 of the SENDCOP). They don't have to name the placements in the draft stage though, and some don't name in the final one either (despite what the SENDCOP says).

I've not gone through transition yet. Am sorely tempted just to draft the fucker for them - I'd rather cut the incompetence out of the equation & just contend with the unlawful skulduggery...

zzzzz Sun 31-Jan-16 19:28:32

Yes but the thing is his needs in a Ms are totally different to his needs in SS. So how am I supposed to pitch it????

(Nb he can't go to Ms as it would be very unsafe so I don't understand)

zzzzz Sun 31-Jan-16 19:28:56

Sorry yes moving up

WhoKnowsWhereTheTimeG0es Sun 31-Jan-16 19:34:19

Ours was a statement, we wrote it based on the assumption it would be our choice of school (independent special school). What we wrote would have been impossible to deliver in MS.

This was in the working document for parts 2/3/4/secondary transfer appeal though, as they had already named MS in the final statement.

uggerthebugger Sun 31-Jan-16 21:06:58

If you're sure of the placement you want for DS - and that placement is a special school - then pitch it like WhoKnows says.

If it comes to an appeal, you'll have to convince the tribunal that a the LA's preferred (presumably mainstream) placement cannot meet his needs.

If that's not possible, then you'll have to convince the tribunal that the quality and quantity of support that he would need in mainstream would be more expensive than your preferred special school option. That sounds impossible, but a friend of mine won on this basis last year.

It might be worth jotting down on a piece of paper what it would take to successfully meet DS's needs in mainstream. Don't share it (or use it as a basis for negotiating with the LA yet), and you'd obviously need some professional opinion to back it up - but if the amount of support DS would need in mainstream is hefty, it might prove to be a useful bit of ammo later on.

WhoKnowsWhereTheTimeG0es Sun 31-Jan-16 21:12:01

That's essentially how we won ours (it didn't reach tribunal) - it was cheaper to send to special school with transport than to put in place the required provision in MS (substantial amounts of direct SALT and OT, as quantified in independent reports, which we had had done when appealing refusal to assess).

zzzzz Sun 31-Jan-16 21:23:28

They can't keep him safe in Ms and certainly couldn't educate him. I doubt he could leave the unit much and both units are just a classroom.

Veritat Mon 01-Feb-16 11:27:45

Provision in section F has to be what your child needs, not what the school provides. You need to make it clear that he needs the environment and facilities that the special school can provide, including things like small classes and specialist teachers.

zzzzz Mon 01-Feb-16 12:23:59

Would it be stupid just to phone them and ask them if they agree with our school choice?

ouryve Mon 01-Feb-16 12:34:05

Not stupid at all. Our case officer kept me posted via email and phoned me up after he was awarded his place by panel.

And their reaction will help you to be prepared in case you need to fight them for an appropriate place.

zzzzz Mon 01-Feb-16 13:49:47

Thanks all. I know I'm wittering, I feel SO nervous about it. I suppose the truth is I can't see how they could accommodate him in MS. I couldn't leave him at either of the local secondaries, it wouldn't be safe. It all feels arse about tit. Why aren't THEY telling me what the options are so I can consider why would be best???

I'm not even sure they don't feel exactly the same way....but then why don't they just tell meconfused

uggerthebugger Mon 01-Feb-16 18:19:35

You're not wittering. Chances are that you're much, much more on top of this than you feel right now.

Give them a call. Don't expect a clear answer, and unless you're speaking with a team leader or assistant director of SEN assessment, don't read too much into their tone.

If you're mostly communicating with a SEN case officer, then they will most likely be under strict instructions to stay non-committal until their bosses have reviewed DS's case. Which may not be for a week or two.

Once the bosses have reviewed his case, then chances are they'll triage all the cases. Not on the basis of need, but on the probability that they can persuade, coax, bludgeon or otherwise intimidate the parents into agreement - and they'll also quickly evaluate the probability that they can win a Tribunal case if it comes down to it.

If they come to the conclusion that you can't be dissuaded, and if they also come to the conclusion that they stand very little chance of winning at appeal, then they'll probably cave. Hard to say when this would happen though.

Why aren't THEY telling me what the options are so I can consider why would be best?

Because information is power. If they give that information to you freely, then you are better informed, and more able to advocate for your child's legal rights.

I know you know all this.... but if the SEN team's managers can get away with the cheapest option, they will - regardless of its suitability for DS. This isn't public service as most people would normally understand it. In the eyes of management, their first duty is to the public purse, not to the child.

It wouldn't surprise me at all if the SEN case officer privately agrees with you - but it won't be the case officer who makes the call. The case officers will be coming close to annual appraisal time, and turkeys don't vote for Christmas.

flowers

zzzzz Mon 01-Feb-16 21:56:32

Thanks ugger EVERYBODY privately agrees with me. [exasperated] There really isn't that much choice down here (rural). I actually think the school I've named will suit ds down to the ground. It has the best chance of working, but it's still only a chance. He needs at least 1:1 at all times and help with eating and toileting and is a flight risk. He is also still ks1 stage academically (at school wink anyway) so he won't manage classes in ms......it's all so convoluted.
There is a MUCH more expensive and in some ways more appropriate private option which I would say was our fall back option but the ms really isn't.

NoHaudinMaWheest Tue 02-Feb-16 15:37:35

zzzzz info from our recent meeting. I will pm you I think.

zzzzz Tue 02-Feb-16 15:49:46

Thanks nhmw

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