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Here you'll find advice from parents and teachers on special needs education.

Draft EHCP is rubbish. What do I need to do?

29 replies

ImOnTheeWay · 21/08/2021 14:46

We have received DS draft EHCP; whilst it is thorough in identifying his needs , section F is rather bland Confused

Statements such as he should have the “equivalent of a level 3 TA “ for a minimum of 15 hours per week support used flexibly for group work and 1:1. It does not state exactly how many hours and what it would be used for.

There is no mention of the speech therapy he needs in class although this was raised by SaLT Confused.

DH thinks that as this is a draft plan, it will all be sorted out and specified at our next meeting. I think we should ask the LA for alterations and for it to be specified BEFORE our meeting .

Advice ? Smile

OP posts:
ImOnTheeWay · 21/08/2021 16:55

Cross post @10brokengreenbottles

DS was assessed by speech therapy and their report is specific in what he needs , but in Section F , there is no mention of speech therapy at all. I’m very surprised about this as it was one of the main points of his EHCP.

He also needs targeted sensory therapy but again there is no mention of this . It’s all just around “support” but no mention of what that support is.

I am not happy but DH thinks it will be easily resolved at our next meeting.

OP posts:
ImOnTheeWay · 21/08/2021 16:50

Thank you that’s very helpful. We have not been told to add any comments or amendments to the draft. It appears this is a draft of the draft Confused and when we do get the final draft , we will then be told we have 15 days to ask for amendments .

Is it still worth asking the LA to specify now before our meeting? The meeting is not until the beginning of October so we do have time but I’m concerned it won’t all be raised in the meeting and I’ll then have to query the next draft .

OP posts:
10brokengreenbottles · 21/08/2021 16:47

I agree with Ellie, DH is being way too trusting. Unless you ask for amendments when you receive the draft the finalised version will be exactly the same. A vague and woolly EHCP isn't worth the paper it is written on. It is much easier to get a detailed, specific and quantified EHCP right from the start than it is trying to tighten one up further down the line.

Did DS have a SALT assessment as part of the needs assessment? If so, is the report detailed, specific and quantified? Provision in the EHCP is taken from the reports, so if the reports are missing, vague or woolly the EHCP will have provision missing &/or vague and woolly. SALT provision must be included in section F.

Everything in section F needs to be detailed, specific and quantified. Nothing should be left for the school to decide. "Flexibly" and "Equivalent of" need removing.

"Group work" needs removing or at the very least tightening up. Otherwise you could find the 15 hours is all whole class group work, and you wouldn't be able to challenge it. Unless the group work is for something specific I would push for the 15 hours to be all 1:1. If group work is to stay the frequency/length of sessions need clarifying, as does the size of the group and what they are doing.

The "minimum of 15 hours" needs thinking about. Does DS need more than 15 hours? If so, the hours he actually needs should be specified and quantified. Otherwise more than likely he will only receive 15 hours. It needs to specify and quantify the number of hours, delivered by who - with their experience/training/qualifications, doing what, where it will be delivered e.g. in the classroom or individual work outside the class.

SOSSEN have a draft checking service if that's something that you would want.

Make sure the LA finalise within the 20 week timescale. To reiterate Ellie's point, going back and forth is pointless, you are unlikely to get the LA to make amendments by going back and forth, all it does is waste time.

Ellie56 · 21/08/2021 16:31

Sorry but your DH is deluded. Unfortunately this is not how it works.

When you got your draft plan you should have been informed that you have 15 days to respond to it. You should also be asked to name your preferred school. Information here:

www.ipsea.org.uk/what-to-do-when-you-receive-your-draft-ehc-plan

www.ipsea.org.uk/Handlers/Download.ashx?IDMF=afd8d11f-5f75-44e0-8f90-e2e7385e55f0

You should have copies of all the reports that have been used to write the EHCP. Presumably you had one from a SALT?

Go through each report you have with two highlighters and highlight all of the needs in one colour and then all the provision to meet the needs in another colour. There should be provision to meet each need highlighted. Then you should cross reference with the plan to ensure all needs identified are in Section B and corresponding provision in Section F.

There should not be anything vague or “woolly” in the reports eg “access to”, “would benefit from”, “a high level of support”, “regular” as this vagueness will subsequently be transferred into the EHC Plan and make it difficult to enforce. Plans need to be detailed, accurate and specific so that all your child’s needs are identified and there is provision specified for each of the needs identified.

These are the references to specificity in the SEND Code of Practice (COP):

www.gov.uk/government/publications/send-code-of-practice-0-to-25

9.51
“The evidence and advice submitted by those providing it should be clear, accessible and specific."
They should provide advice about outcomes relevant for the child or
young person’s age and phase of education and strategies for their achievement.
The local authority may provide guidance about the structure and format of advice
and information to be provided. Professionals should limit their advice to areas in
which they have expertise. They may comment on the amount of provision they
consider a child or young person requires and local authorities should not have
blanket policies which prevent them from doing so.”

9.61
“EHC plans should be clear, concise, understandable and accessible to parents, children, young
people, providers and practitioners. They should be written so they can be understood by professionals in any local authority.”

9.69
Section B ( Page 164)

“All of the child or young person’s identified special educational needs must be specified.”

Section F (Page 166)
“Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget

• Provision must be specified for each and every need specified in section B. It should be clear how the provision will support achievement of the outcomes
• Where health or social care provision educates or trains a child or young person, it must appear in this section (see paragraph 9.73)”

Use this model letter to respond to the LA.
www.ipsea.org.uk/responding-to-a-draft-ehc-plan-model-letter-3

And if any of the reports are vague and woolly tell the LA they do not comply with the law, quoting the above reference in the COP and ask them to go back to whoever wrote the report to make it specific.

Whatever you do, don't get into protracted wrangling with the LA sending the plan backwards and forwards as that can waste a huge amount of time. If the LA doesn't change it to what you want after your first response, let them finalise it, as that will then trigger your right of appeal to the SEND Tribunal.

Good luck Flowers