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EHCP... do I need to appeal it ?

15 replies

notgivingin789 · 07/04/2018 22:47

Hello all,

To start with, DS 8 has Autism, Verbal dyspraxia (awaiting another assessment at a speech clinic) and speech, language and communication difficulties.

DS had beautifully worded specified statement, however, now that his statement has been transferred EHCP. Its in this odd and confusing table format and uses a lot of bullet points to lists my DS needs.

To give a bit of a background, DS attends an independent specialist school, the school conducted their own reports/assessments of DS prior to the EHCP transfer meeting. The only thing that bugged me with the school reports... particularly the SLT, was that it didn’t actually specify individual provision... it just says alongside of the words “DS will need direct one sessions with SLT as of when needed”. This is now reflected in his EHCP.

I’m currently re-designing (as I put it) DS EHCP plan... removing the table layout and writing about his needs in much detail (not bullet points !).

What I’m a bit humming about is the SLT provision... I’m worried I may have to appeal this ?

Any suggestions ?

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Frusso · 08/04/2018 00:40

Absolutely do not accept this.

It is lazy ehcp writing on behalf of the LA. They need to request that the provision in the reports is quantified.

Is it a draft copy you have received? If it is, you need to go through it and contest every bit that is not specific

If it is a final copy. Appeal it.

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notgivingin789 · 08/04/2018 11:19

Thanks Frusso ! It’s the draft EHCP. The only that that’s not quantified is the direct SLT provision. Every else is fine..... well apart from the table format layout, use of bullet points (cutting out a lot of information about DS needs) most of his EHCP includes his strength Confused. Plus ! DS is going to be assessed soon for his speech quite soon. I would like the speech report to be included in his plan as this will highlight the provision he needs.

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Spikeyball · 08/04/2018 12:04

You need to the tell the LA that it needs to specified and quantified and that you cannot accept the EHCP without this being the case. I would also let the school know that you are not accepting the draft and mention the lack of specification in the SLT provision as this may speed things up as the LA will probably try to take their own sweet time in sorting it out.

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notgivingin789 · 10/04/2018 17:38

Rewriting my draft EHCP. But it’s taking so frigging long ! Section B is taking up too much paper. I am reading each of DS reports carefully, quoting from the reports and slotting them into section B.

Is it ok if section B comes out way too long ? I’m shortening as much as possible, but it’s still running a few pages.

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Frusso · 10/04/2018 21:11

Your ehcp can be 10/30/50+ pages long if it needs to be. (My ddds statement was over an inch thick. Her ehcp is slightly slimmer, but she's in a specialist School that doesn't need the obvious explained)
If that's what it needs to be to ensure that all his needs are identified and met, then that is what it needs to be.

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notgivingin789 · 10/04/2018 21:31

Thank you Frusso I’m half way done ! Been doing his since yesterday. Just two more sections, then done !

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notgivingin789 · 10/04/2018 21:32

this

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Frusso · 11/04/2018 07:31

Good luck.
Ooh and don't forget to tell them within your 15 days that you don't accept it.

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OneInEight · 11/04/2018 08:41

Have you had a meeting with the SEN team. I rewrote ds1's and they refused to put in any of the changes so that was a waste of time as they argued that I was just changing the words not the support. For ds2's I have arranged a meeting next week to see where, if any place, they will show movement. Not unexpectedly they removed any suggestion of support from social services despite their EP stating that support MUST be given through a combined effort of education and social services. Meeting should be fun.

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notgivingin789 · 11/04/2018 10:47

One I will request a meeting with the LA. I hope not ! As I’m directly quoting from the reports they have used ! If not, I’m going to appeal.

Good luck with your meeting ! I will also try and get a hold of IPSEA and SOSSEN, through their helpline, to give you advice before your meeting.

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Ellie56 · 12/04/2018 00:07
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GnotherGnu · 12/04/2018 00:14

Can you get the school SLT to amend their report to specify what is needed? All they need to do really is to state exactly how much 1:1 and other provision they are giving, since presumably that reflects what they think he needs.

Try to keep section B to a summary - bear in mind that this is something that needs to be useful to busy teachers who simply won't plough through pages and pages. If they need more detail, the reports will be attached anyway. Has your LA listed strengths in B? You could usefully take those out as the Code of Practice only states that section B must list needs.

If your LA has done the thing of fitting outcomes rather than needs to provision, point out that the COP makes it clear that the priority is for provision to meet needs, and paragraph 9.66 says that benefits are supposed to be the result of provision rather than something that dictates what provision should be.

Unfortunately there's not much point telling them you won't accept or sign the EHCP, as there is no requirement for parents to accept it or sign it.

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notgivingin789 · 12/04/2018 12:06

Gnother Thank you ! I’ve listed all that already. My version of the section B is long, but hopefully the LA will just copy out the relevant bits, but not change the wording.

DS is having an assessment at the speech clinic soon, I would like that to be put in his EHCP as that would set out the individual provision.

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cansu · 12/04/2018 12:37

You need to go back to the school. They need to say that he will get 1:1. I had a similar issue with my dd asd school. The fact is that the slt is very integrated there so the 1;1 isn't required as such in the same way as it would be in a mainstream but you need to keep the provision tight and specific in case the LA decided at any point to try and challenge the school placement. I discussed this with the school and we came up with a suitable wording but with the understanding that I was happy with the way they were providing the SLT.

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notgivingin789 · 12/04/2018 12:58

cansu I’ve had the same experience. I am going to go back to the school to tighten provision and I’ll see what they say.

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