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Does EHCP assessment process cease if I deregister

57 replies

ItIsntReallyLikeThat · 07/04/2024 09:35

Hi,

I am thinking about deregistering DS from his mainstream secondary school to avoid attendance processes starting while we await completion of the EHCP assessment.

I wondered if anybody knows whether the EHCP assessment process would be cancelled if I deregistered from the mainstream school to electively home educate?

Ideally we would like the EHCP process to run to completion so we would have help to get DS into a suitable school at A level.

The background is on this thread:

https://www.mumsnet.com/talk/secondary/5044797-attendance-processes?reply=134353279

OP posts:
PinkJellyCat2023 · 07/04/2024 10:54

No disrespect but don't ask your senco, ask the LA in email. Not all sencos ( or even case officers) know the law.

This is why so many parents go to appeal. LAs don't follow the law. Try to talk to sendias, ipsea or sossen.

Headfirstintothewild · 07/04/2024 10:45

Don’t ask the LA. They will tell you what they want you to know and their version of the law.

If you deregister and EHE the EHCNA process continues, but the LA does not have to provide s19 provision. Once you have an EHCP, if you EHE the LA does not have to provide the provision in F.

Personally, I wouldn’t deregister. Request s19 provision (and enforce DC’s right to it via JR if necessary). Then pursue EOTAS is school is inappropriate. An EOTAS package can fund far support more including therapies than the vast majority of parents can afford to fund via EHE.

What week of the EHCNA are you on?

Supersoakers · 07/04/2024 10:39

ItIsntReallyLikeThat · 07/04/2024 10:24

@Supersoakers sorry, I think I would out myself by explaining.

The ed psych report was good. I think she got it.

I will ring the caseworker. Thanks.

Good luck. I know you’re not saying the whole picture but try not to spend hours researching etc. It’s not good for you or your ds.
Don’t deregister and hold tight till you see the draft and make sure it’s right. In the meantime, keep emailing school re absence- just informative and if they want to visit that is good, don’t worry. These things do take time unfortunately.

Dippydinosaurus · 07/04/2024 10:26

What is your 16 week date for a draft plan? If caseworker is sending out consults to schools there may be a draft ready as this is sent to schools to see if they can meet need. Have you stated your preference school?

The low attendance may be evidence that a mainstream school cannot meet need so I'd be reluctant to withdraw unless you're expecting imminent fines. You can request a reduced timetable with school (if they agree) as a temporary solution given that your child may not be there for much longer.

Do you have an independent advice line in your area, for example SENDIASS?

ItIsntReallyLikeThat · 07/04/2024 10:24

@Supersoakers sorry, I think I would out myself by explaining.

The ed psych report was good. I think she got it.

I will ring the caseworker. Thanks.

OP posts:
Supersoakers · 07/04/2024 10:10

OK. What is it you’re firefighting?

RainbowUnicornSparkleShit · 07/04/2024 10:08

Do you have medical evidence saying that he is too unwell for school? If you do his absences should be being recorded as illness so there should be no come back for not attending. Check that this is being done. Furthermore the LA have a duty to provide an alternative full time education if he cannot attend his current school. I appreciate in practice all this might not be happening but if it is then there is no reason to EHE now, and it’s just a case of holding tight and waiting for the EHCP to come through for EOTAS, possibly via an appeal.

Supersoakers · 07/04/2024 10:08

No harm in asking the case worker. For non attendance it depends on authority but it can be referred to an attendance and inclusion officer who will look at your case. Try not to be frightened- you are doing your best for your child, but rightly so, authorities will want to know about why a child is not in school and if they are safe. It wouldn’t be worth anyone’s while to send you to prison if that’s what you’re worried about.

ItIsntReallyLikeThat · 07/04/2024 10:07

I just hate this whole thing.

I ought to be teaching DS and instead I'm sitting here fire fighting school processes. It makes no sense.

I wish the conservative goverment could be quietly binned so we could start having a functioning country again. (rant Sorry)

Thank you for all the help. I will ring the EHCP caseworker on monday I think.

OP posts:
ItIsntReallyLikeThat · 07/04/2024 10:05

@Supersoakers I don't think anything. I just email the school every day to confirm that we are still here and that the EHCP assessment is ongoing.

OP posts:
BestZebbie · 07/04/2024 10:03

Ask them for a 6 week part time table for 'reintegration' from the current EBSA situation. Have lots of meetings and emails showing you are trying and it is a SEN issue, this helps postpone prosecution. See if you can contact a specialist teacher from the LA about this via the school too.
Roll it all on if necessary to get your EHCP signed off.
Then deregister with it in the bag (unless you think you are actually just about to get EOTAS, in which case it might be worth hanging on for that financially).
Don't forget to look into DLA and carer's allowance if you have to home ed due to unmet SEN, it can also be used to pay for things like forest school and tutoring if you can meet daily life costs without.

Supersoakers · 07/04/2024 10:03

What have you had so far in terms of non attendance procedures?

ItIsntReallyLikeThat · 07/04/2024 10:03

Maybe the thing is to contact our EHCP case worker and ask? She might be in this week over Easter, and the school don't come back until next week.

OP posts:
littleducks · 07/04/2024 10:03

You have medical evidence that he can't attend school (psychotherapy report) and Ed psych confirms current school not suitable.

He is receiving an education at home from tutors.

I can't see you being prosecuted. Remember this pressure for you to deregister him so the problems and funding need disappears is deliberate so will feel uncomfortable.

I would discuss about switching to the tutor that you currently use privately under LA provision and see if she is able to around the teaching tricky topics issue. Like they could have been planned to be taught but he was off sick that day or he needed extra time on something else.

ItIsntReallyLikeThat · 07/04/2024 10:02

@Supersoakers yes that's right. Do you think they won't actually act on that then?

The problem is that I'm trying to work really hard to be calm for DS to damp down his anxiety, while at the same time the school and council are lighting fires under me at every turn.

I have all the rules at my fingertips from reading MN but nobody in offical roles follows them at all. It's like guerilla warfare.

OP posts:
ThatsGoingToHurt · 07/04/2024 10:01

So you can have an ECHP and you will still have an annual review but the LA don’t have to legally provide any of the provision detailed in Section F of the EHCP. I would personally push hard for an EOTAS package.

Supersoakers · 07/04/2024 10:00

Ok so the deregistering is panic about attendance. You have lots of evidence to back up reasons for non attendance. Try not to worry too much about that.

ItIsntReallyLikeThat · 07/04/2024 09:59

@ThatsGoingToHurt

Thanks, I see all that, but whenever I see rules on things, nobody in official roles seems to actually follow them.

OP posts:
ItIsntReallyLikeThat · 07/04/2024 09:57

@littleducks

Oh gosh, that does sound complicated. Sorry, I don't know.

There is no draft plan. The ed psych just wrote her first report about ds and it went to a panel. The only letter I have received was the "yes to assess".

I'm only majorly freaking out because the school talked about attendance processes and I don't want court proceedings because we're all stressed enough without that.

I know there are rules and regulations on everything but they seem to count for nothing.

OP posts:
Supersoakers · 07/04/2024 09:56

As your ds is not attending school at all anyway, why are you worried about deregistering? Just keep him off with the home tutoring you’re doing until you have the EHCP with the named provision and EOTAS package.

Zyq · 07/04/2024 09:55

Have you got, or can you get, professional evidence that he is unable to be in school for mental health reasons? If so, you can use that to stall attendance processes and to pressurise the LA to provide EOTAS under section 19 Education Act 1996.

ItIsntReallyLikeThat · 07/04/2024 09:55

@ThatsGoingToHurt

Does that mean that deregistering to avoid prosecution for non-attendance would mean we can't get EOTAS then?

That does make sense.

I don't want to go to court. The whole thing messes with my head and I just want peace to look after my son.

OP posts:
littleducks · 07/04/2024 09:54

So you have never seen a draft EHCP?

Processes vary slightly between boroughs, more than they should. It's hard to tell from what you have written but I wonder if the report used give to panel to decide about EOTAS package not EHCP panel

ThatsGoingToHurt · 07/04/2024 09:53

It sounds like if you have got the Ed Psych report and it’s going to panel then you are close to a decision to issue. Once the decision to issue has been made the LA will consult with you about a suitable school placement either specialist or mainstream. If you feel there are no schools that could meet you DC needs then you can request EOTAS. If you decide to EHE then you are taking on responsibility for educating your child rather than the LA.