To be awake and feeling tearful over SEND EHCP disaster

Take a breath. You can do this.

Firstly, you need to know exactly what has happened. You say the LA has finalised the secondary phase transfer EHCP. Then you say the primary is named in I, but don’t mention that the secondary is also named from September. You need to know whether you have the finalised phase transfer EHCP or not.

If you do have the finalised EHCP for secondary, you could request leave to appeal out of time. Not guaranteed to be accepted by SENDIST, but sometimes is. Appeal BFI, not just I.

Alongside this, go back to the LA to request the date on the letter is corrected. I wouldn’t assume the letter was there and you just didn’t see it before now. It isn’t unheard of for LAs to put letters on with dates months previously. Not unheard of, but it is less common for LAs to finalise secondary phase transfer EHCPs in November. The fact you got the message this week suggests the LA did not finalise the phase transfer EHCP in November.

You should have the finalised EHCP by now, but if you don’t, chase the LA. If that doesn’t work, you will need a pre-action letter so I would start looking for someone with capacity to take your case.

Look at your evidence. Consider whether you need independent assessments. You mention EP but what about OT and SALT? If you need assessments but can’t afford them and aren’t eligible for legal aid, there are charities who can help.

Representation for an appeal isn’t essential. Most parents aren’t represented. If it is a choice between representation and independent assessments, you should prioritise independent assessments. The best representation in the country can only work with the evidnece available.

DS hasn’t missed the chance of SS. It is still possible for one to be named.

Be careful with SENDIASS. Some are excellent but too many repeat the LA’s unlawful policies.

You mention not knowing your obligations. The naming of a school in I doesn’t mean you are obliged to send DS. It doesn’t automatically register DS at the school. I wouldn’t personally, but if you decide not to appeal you are still free to EHE or make your own arrangements at an independent school for example.

It seems that LEA are just playing a game to save money and not caring about the impact or damage they are causing to children.

I don't know what to suggest, but my thoughts are with you and everyone else stuck in an already hard situation with zero support from gov.

Screen capture any communications

Op you need an advocate. Contact one of sen charities or engage a solicitor who speciliases in this area

@InBitsandInTearsAre you sure they haven’t reissued a final plan naming a mainstream secondary from Sept 26? Or they are just stating their intentions to name, and you’ll receive a new final plan imminently?

The statutory deadline to issue a final plan, naming the secondary school your child is to transition, was February 15th. Many LAs do not meet this deadline, so I’m wondering if they’re covering their arses by sending you a message.

The LA must also send you an accompanying letter with any final EHCP, detailing your rights to appeal. Have they done this? If so what is the date on that letter? If not, ask for the letter. You can appeal within 2 months of the date on the letter.

If it is a case of you not being able to see a final plan, naming the secondary, that was issued in November, because you couldn’t log in to their Hub, then I would appeal anyway. The Tribunal will accept late appeals in exceptional circumstances. Hearing dates are being set for March 2027, although that doesn’t mean things can’t be resolved before then, especially if you have strong evidence. I wouldn’t bother contacting SENCOs etc, channel your energy into the appeal.

I have supported many families in similar situations - it’s almost as if the system is set up to fail.

I know this was back in November but they often send a ‘final’ and a proposed amended final draft. The final is their old one and the new one is the proposed amendments. Are you sure you are not looking at their old final one?

you should always receive a draft amended final - as should current senco. Why didn't she check it as well? then there are 15 days to get it changed again.

I would ring the LA and ask them to resend the more recent EHCP first of all. Then ask for a list of the schools that were consulted. It’s likely the secondary school he’s been placed at didn’t respond to the consultation which led to the automatic placement. Ask whether the specialist provisions you applied to said they could meet needs.

when you get the most recent EHCP, call an annual review and ask the senco to invite the officer for their area and the ed psych to the meeting. Reamend the EHCP, with a view to changing the secondary school named on it.

I think making a phone call to the LA is the best place to start just to get as much information as you can about what’s gone wrong in this process.

Why don’t you think mainstream is suitable? It all depends on their complete profile, just having send doesn’t mean a specialist school is a good fit, I fought for specialist provision within mainstream because I was appalled at the behaviour and exam results were non existent - Lea wanted to send her to specialist school but it really wasn’t good. She had a dedicated quiet space within a main stream school (off school office) and attended classes as she wanted and got a*’s. At lunch time she went to a specialist programme she helped to design

Everyone who voted Labour and supported their awful policy of adding VAT to education contributed to the ever worsening SEND crisis in state schools.

If you can show (e.g. through copy emails) that you have asked this and they have ignored you, you have an even better chance of getting a late appeal accepted. The Tribunal is well used to this sort of problem.

Get your MP involved and submit a formal complaint also if your senco agrees that they should be special not mainstream why didn't they flag you in November? Sounds like the LA changed the date on the letter that's why you didn't see it until now

My LA used the start date for the date of completion they were told firmly they could not do that (so the date they started working on the EHCP not the date it was completed if that makes it clear) the person no longer works there

The vast majority of people who appeal to the Tribunal don't have lawyers, and 98% of them win. So please don't be put off, OP.

OP says she has a letter saying they intend to name a mainstream secondary school and that Section I names mainstream primary - so I took it from that that they haven't issued a phase transfer EHCP. But yes, OP, can you clarify?

https://www.mumsnet.com/talk/special_educational_needs/5309128-ehcp-support-thread-no-5?utm_campaign=thread&utm_medium=app_share you might find it more helpful to post on here. You'll get fewer responses but at least you won't have to explain basics to posters who don't know the "system'.

My LA switched from paper letters to publishing decisions/letters as pdfs on their "portal" without actually telling parents.

To be fair they do have a system that emails you automatically if info is on the portal but mine needed re-setting so I did at one point wait for an important letter not knowing it was there in e-form.

Have you put it in writing on the EHC hub?

For fear of sounding like a cliche broken record, if it isn't on the Hub it doesn't mean anything.

If it is on the Hub and there are future technical errors preventing you accessing the material or being provided key dates you have more evidence that the LEA are acting in bad faith in a tribunal.

@InBitsandInTears i refuse to let any parent giver the selves a hard time for the EHCP process. It is a monumental difficult shit show managed by hugely inept councils. It is designed for lawyers to navigate not normal people (sorry lawyers!) the very fact you care, are trying and advocating for your child is wonderful and proves what a fabulous mum are. Hang in there. Fight. Never accept no. And nEVER blame yourself.
i have the scars. You are amazing.

SOS!SEN – The Independent Helpline for Special Education Needs – We offer a free, friendly, independent and confidential telephone helpline for parents and others looking for information and advice on Special Educational Needs (SEN) https://share.google/z7gWgTpQl811p1HAA

That's what the earlier poster meant by "Sen sos" I should think.

From what I understand they updated the Hub in November but no automatic email was sent so to them, they did everything in due course.

Correct me if I'm wrong OP please!

I had this exact issue and it's hard to prove you didn't receive an email they say should vr automatically sent.

Have you ever considered Home Education?

As your child is in a phase transition year (primary to secondary) your LA should have issued an amended EHCP by 15th February naming the secondary school, or at least a type of school. I suggest you email them immediately reminding them of that, also telling them why mainstream won't work and reminding them of your preference for a secondary school placement. Ask them in any event to send the finalised amended EHCP by the end of the week, failing which you will take judicial review action. If or when they issue the new one, even though it will probably name a mainstream school, it's good news because you will have a new right of appeal. That appeal will be expedited because it is a phase transfer appeal, i.e. they will aim to list it to be heard before August.

If you have an annual review report with amendments which the LA has ignored, you stand an excellent chance of getting them ordered in tribunal. Also ideally you need something like an independent educational psychologist's report. There are charities which help with the costs, such as Parents in Need. What you need if possible is to have a provision set out in section F which can only be met in a special school, such as small classes and specialist teachers, but you will need independent evidence to show that is necessary.

Someone mentioned sensos above - they probably meant SOS SEN who are definitely worth a call.

I'm sorry if I've missed this but has the school been named as its a transition year and your child goes to secondary school in September?

Honestly? I have felt exactly as you describe many times over the years witj my dc.

I have 3 dc with Ehcplans.