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

EHCP agreed for DD (17) - advice needed please on draft plan (which I think may not be fit for purpose)

53 replies

MuddlingThroughWithoutAClue · 28/11/2021 17:35

Apologies that this is going to be longwinded - any insight and advice would be gratefully appreciated.

Received draft EHCP yesterday and I don’t think it good enough - lots of info but nothing quantified. I find the format quite confusing also and don’t really know where and how to start addressing the problems.

I have got the IPSEA and SOSSEN checklists but still feel fairly overwhelmed by the layout and wording.

DD(17) has a diagnosis of Generalised anxiety disorder with panic, low mood and social communication disorder (referred for ASD assessment). She rarely leaves the house due to high levels of anxiety and struggles to be around other people. Friendship difficulties in year 9 triggered school anxiety and year 10 was difficult and then the pandemic struck and school went online. DD was unable to return to school in year 11 despite reasonable adjustments (reduced timetable, dropping of subjects, safe place etc) and had medical needs tuition for the last few months of year 11 and was awarded one GCSE. DD is currently repeating year 11 via medical needs tuition - her lessons are virtual 1:1 live lessons. I am aware that the LA have no statutory duty to ensure education for post-16 students without an EHCP hence I need to get this right.

Applied for EHCNA in May and were refused. Put together with more info and a private EP report and LA agreed to assess when they received our appeal info. They refused our requests for SaLT, OT and clinical psychologist to be carried out as part of EHCNA stating that they didn’t make referrals and could only ask services if they had had prior dealings with/knowledge of DD. Used IPSEA model letter quoting SEN regs to no avail and also complained to director of childrens services - had a reply to say that children/YP had usually accessed all the services they needed by the time an EHCP was requested but that perhaps they should look again at their processes in the future as this might not be the case in a minority of children/YP! We were therefore surprised they agreed to issue an EHCP.

We received the draft plan yesterday and nothing is detailed or quantified. The covering letter states that we have 15 days to respond and name a school setting. Do we now enter into a negotiable with the LA over educational setting and content of the plan? Does that stop the clock or is there a time limit?

DD needs 1:1 lessons at home to try and get her GCSE’s (she is currently studying for 4) - how do I ask for this?

Section B (SEN needs) talks about DD’s significant anxiety but doesn’t mention panic, low mood or social communication difficulties.

Section C (Health needs) lists them all

Section D (Social care needs) - states “no needs identified”. I requested a social care assessment and the result was a referral to Early Help and we have subsequently had a TAF meeting (this was after the deadline for EHCNA evidence to be in).

Section E (Outcomes) - the plan talks in terms of outcomes sought by the end of the current Key Stage or phase of education. Do these outcomes change at reviews to reflect different stages of education? Also Preparation for Adulthood states “no outcomes identified” and I’m not sure that’s correct at age 17?

Section F (Special Educational Provision) - this is mainly seems to have been copied from the EP reports and is full of wording like “opportunities to”

Provision and funding for this is stated as “*Teaching and support staff from ordinarily available and top up funding”

Sections G, H1 & H2 -* all “none identified”

Section K isn’t complete and doesn’t include all the information we submitted with our appeal including the Independent EP report which the draft refers to at times.

I think I need to contact the LA and:

1. Question why there is missing evidence from section K
2. Tell them we can not name a school setting as DD needs 1:1 lessons at home (virtually or in person).
3. As that section F is quantified - ask them to go back to the LA EP for this information? (or ask the independent EP we used to be more specific - I don’t know why she didn’t or why I didn’t question it)
4. Should the CAMHS therapy DD is receiving be listed somewhere?

What else should I be questioning? Can I ask for mentoring to be included? Can I ask that more evidence is taken into consideration? E.g DD now has a care coordinator and is having weekly therapy, we’ve had the early help TAF meeting, letter from CAMHS medic requesting in support of exam access arrangements suggests that DD takes exams at home or in a room on her own due to high anxiety levels etc

Thank you

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Imitatingdory · 01/12/2021 22:53

Punx where are you with the appeal? Is that the college you were looking at belonging to the group named after the light in the sky? I think they have an animal care unit.

Punxsutawney · 01/12/2021 19:29

dory you are 100% right about getting an EHCP well written from the beginning...if it's possible. As it makes things so much easier in the long run.
We applied for an EHCNA in July 2020 at the end of year 11. Ds got his first finalised EHCP in Jan 2021. And it's been downhill ever since, as it's not worth the paper it's written on. He's now significantly mentally unwell and not in education.
And 17 months after applying we are still fighting for what he needs. With an appeal ongoing, it's likely to take months yet. I wish we had got it right earlier.

Teen the specialist college we are looking at for Ds is very much like dory describes. Very small, but with therapy embedded throughout the day. It definitely has some animals there too. It's just a bit of a fight to get the LA to agree to what he needs...

Good luck both the process, it is certainly very stressful.

Imitatingdory · 01/12/2021 19:11

If maths needs to go on the back burner for now then so be it, there’s no rush and MH has to be the priority. Sadly it may be difficult for you to get it agreed DD can drop it completely for now due to government funding rules. However, there is an exemption when the pupil’s institution confirm it is not appropriate for them to study for either GCSE or a stepping stone qualification. There’s further information here.

With more support the current college may be the right one, but just so you can make an informed decision many specialist settings have animals/farms/stables. It is actually a sticking point for us finding a placement for DS1 because he is highly allergic to animals and has another medical condition that makes farms/stables high risk. It is a shame DD is now 17 because this school has an amazing reputation. The company do offer post 16 but I don’t know details of their offer.

Do you have evidence animals help? If I remember rightly DD did equine therapy, it’s possible you can get that, or something similar in the EHCP as well as the CBT therapist.

TeenMinusTests · 01/12/2021 18:44

Imitating I really think the college is 100% the best place for her (unless there are specialist placements with animals). The animal care course she is doing provides the motivation for pushing against her anxieties. Her therapist is 'adoption aware' and DD is opening up to her.

Ideally at the moment I'd throw away maths. She isn't well enough for it right now and it adds unnecessary stress. I must write that down somewhere. If she could get a bit more support in college she'd be less stressed and so less tired.

Imitatingdory · 01/12/2021 18:30

Muddling It is much easier to get the EHCP right from the beginning than trying to tighten it up at AR. Also, you may need to appeal anyway to get EOTAS and make section F specific and quantified, so may as well sort it all in one appeal.

DD2, currently on a placement year between her 3rd and 4th year, has ASD and has DSA covering everything you mention as well as refunding the difference for an en-suite and travel expenses. You are right, a completely different experience.

Teen do you think the college is the right setting? Would a smaller specialist placement with therapies built subtly into the day be better? DS1 isn’t ready for CBT either, it’s a long slow process isn’t it?

MuddlingThroughWithoutAClue · 01/12/2021 18:04

@Tomnooktoldmeto it will all be worth it! I have DD1 at university - she has some additional needs and she's enjoying her first term so far. As I'm sure you are aware your DD's will be able to apply for Disabled Students Allowance which can provide funding for additional support while at university. It was so much easier to access than support at school is and worth applying for. In DD1's case (she has DCD/Dyspraxia) she qualified for a laptop, printer and assistive software, training on the software and 1:1 study support sessions is she needs them.

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MuddlingThroughWithoutAClue · 01/12/2021 17:56

Teens - the legal test for the LA agreeing to do an EHCNA is relatively low so I was dismayed when ours refused. We'd sent a comprehensive request letter and private therapist report along with CAMHS psychiatric reports and DD was already having medical needs tuition due to being unable to attend school because her mental health difficulties.

The evidence from DD's main school wasn't taken into consideration (no idea what happened to it - a SAR later revealed it to be missing from the council's side), evidence from the EOTAS was (willfully?) misinterpreted and the refusal letter suggested that DD contact the FE college she was interested in doing a course at to see what adjustments could be made to facilitate her attending despite the fact that her psychiatrist has described her as "largely housebound"!

Once our appeal had been submitted the LA agreed to assess within a matter of days. I expected that the assessment would be thorough and comprehensive and foolishly believed that the LA would fulfil their obligation to seek advice from OT, SaLT and Clinical Psychologist as we requested but instead they were obstructive and simply refused!

We are considering the next steps. I have emailed our case coordinator to challenge the draft but I suspect as Imitatingdory says that we'll have to get private assessments and go to appeal if we want to get a good EHCP. I'm torn between just being relieved if the EHCP covers DD's education and worrying about everything else ourselves or trying to get it right in the first place. I presume we could accept it and plan to submit new evidence and get it improved at annual review?

I hope your experience is better than mine has been so far - it's draining trying to keep on top of it and on top of the LA!

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TeenMinusTests · 01/12/2021 14:37

Imitiating You may well be right. However DD is doing all she can manage right now, she's struggling with CBT (which isn't CBT yet as they need to do something else first) & college as it is. She just doesn't have bandwidth for any more of anything really.

Imitatingdory · 01/12/2021 14:17

Forgive me if you think I am overstepping, but from your posts I think DD would benefit from an assessment and provision, and I think others on here would agree. OT is about much more than many people realise which is why MH teams include OTs. They can work on improving MH, social skills and interaction, everyday living and independence skills as well as the typical perception of OT work. SALT is also about much more than the physical ability to speak, and again I think DD would benefit from it.

TeenMinusTests · 01/12/2021 14:05

Imitating I don't think it's needed? It's not the core issue, or even the secondary one.

Imitatingdory · 01/12/2021 13:57

What week are you on now? I would request both in writing ASAP. DD has needs in both and without assessments there won’t be OT or SALT provision in the EHCP as provision is taken from the reports.

TeenMinusTests · 01/12/2021 13:54

Imitating No, I didn't ask for OT nor SALT.

Imitatingdory · 01/12/2021 13:52

Teen did you request OT and SALT?

TeenMinusTests · 01/12/2021 07:15

Yes, I was pleased they accepted the NA quickly. I think it was helped by the good advice here on MN that I wrote a clear letter that was hard for them to say no to.
We have had input from college, ed psych, consultant psychiatrist, and CBT therapist. The last 2 are private and adoption support funded and I'm sending those reports in today. Then I am going to update my 'what's not working well' section on the hub based on things arising over the past month.

I hope you get through to them. it seems so wrong they make the process so hard.

Tomnooktoldmeto · 30/11/2021 21:02

@MuddlingThroughWithoutAClue yes they do A levels, we currently have 2 in year 13 with additional needs one at Interhigh and the other at our local school, both applying for Uni

I will be grey by the end of it all😱

MuddlingThroughWithoutAClue · 30/11/2021 20:11

Or unlawful I should have said

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MuddlingThroughWithoutAClue · 30/11/2021 20:09

@Tomnooktoldmeto I've looked at Interhigh website previously and have thought that it looks like a really good option - reassuring to hear that your personal experience has been so positive. Realistically at the moment I don't think DD would engage - she didn't engage with lockdown learning virtually although that may have been in part because it was still her school and she has very negative anxiety-inducing associations with it. Fantastic that your DD is now ready for university, do Interhigh also offer A levels?

@TeenMinusTests I've read some of your posts over the past months and also saw that you had applied for an EHCNA recently. Your DD did very well to try and transition to college after such a difficult year and I remember that you worked with the college prior. I seem to recall that your LA agreed to the needs assessment very quickly which sounded positive. Are they requesting advice assessments from everyone you want them too? My LA refused despite me quoting the SEN regs to them and as @Imitatingdory has stated previously this was illegal. Our case coordinator was very clever with wording in all correspondence with me also. Nothing I could do at the time but accept appealing would be an option.

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Imitatingdory · 30/11/2021 18:12

Tomnooktoldmeto can I ask why you didn’t just push the LA to finalise (which they could and legally should have done anyway) and then appeal?

Tomnooktoldmeto · 30/11/2021 18:08

@MuddlingThroughWithoutAClue you guessed correctly that she is at Interhigh and Is placed out of year due to health and birthdate, we did this to allow her to start again so she partially repeated year 7

Lessons are live at Interhigh, they have lead lessons which are like a large lecture and then follow lessons in small tutor lead groups, all lessons are then accessible in the lesson library so if DD is overcooked/ sensory she goes straight to a library lesson when she’s feeling less overwhelmed

The one thing we have found is that they’ve been exceptionally supportive of her unique needs over the years, it’s truly been the only school she’s ever felt like she belonged in

Internet school isn’t for everyone but I hope you get what’s right for your DD, believe it or not we refused to sign DD’s EHCP off for 4 and a half years as our LA we’re not getting it right, fortunately they were still paying her bills

We’ve gone from a child with no future to a young adult ready for University but only because we made sure she had the education that was right for her

You sound like you’re getting what you want put in, consider looking at sensory reintegration and also EMDR for her

Imitatingdory · 30/11/2021 18:02

If MH therapies are in section F it doesn’t so much matter DD is nearing transition from the POV of what will be provided, because if adult services won’t provide the therapy the LA must commission independent provision or you can ask for direct payments if you would prefer.

Internet schooling doesn’t work for DS either, he has home tutors.

Be aware that sadly even with all the reports the LA will almost certainly pay lip service and provide little or no therapy,

If the provision is in section F, if the LA refuse to provide it you can force them to via beginning Judicial Review proceedings. To get the therapy provision in section F in the first place you may need to appeal though.

TeenMinusTests · 30/11/2021 17:58

Nothing to add, but we are due a decision on our EHCNA by mid Jan for our 17yo, so following along in case we are in the same position in couple of months.
(Ours also missed all of y11, and came out with 4 GCSEs at grade 3. Instead of re-sitting she has proceeded to college to do the same vocational course she was aiming at, except at a lower level.)

MuddlingThroughWithoutAClue · 30/11/2021 17:44

Thank you for your insight @Tomnooktoldmeto - glad to hear things are going better for your daughter.

From the EHCP my main concern is to ensure that DD continues to be able to access education that suits her at a pace she can manage so that if it takes a few extra years she is protected and supported.

I have thought about online schools (Interhigh?) however I don't think it would suit her currently as she lacks motivation to be proactive with study. I don't think the lessons are live 1:1 but I could be wrong?

I have discussed transition to adult services with DD's care coordinator and she says they will start preparing her for it around July/August next year. The ASD assessment is something that's crossed my mind as I can't see her having got to the top of the list anytime soon but it would probably be good for me to ask for an idea of timescales and what will happen.

I would be interested to hear the LA's thoughts about a suitable placement for DD. I sent my email to them yesterday asking for re-writes of various sections of the EHCP and also requesting EOTAS (tutoring).

Would you be able to share a little more information about the online school your DD attended/attends (style of teaching etc/how many in the class etc?)

Thanks

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Tomnooktoldmeto · 30/11/2021 16:55

Hi @MuddlingThroughWithoutAClue our DD is very similar in profile and we went through this when she was 12. ( she’s 19 now and in year 13)

The others have given you fab advice which needs no comment, there are a couple of things I would say to you as someone with a similar experience

  1. What do you actually want to achieve in priority order
  1. At 17 please check when your DD is likely to be transferred out of CAMHS to an adult clinic

Dd was prepped for transitioning at 17.5 by CAMHS it caused major problems as it was just as Covid hit and we had to organise private support and different medication as they withdrew sleep meds

Camhs may not proceed with assessments etc if you’re in this deadman’s zone, not all camhs transfer by 18 but you need to understand what your camhs do

Educationally what do you want? If it’s tutoring that’s great but nows the time to look at everything

DD was placed at an Internet school and this was great for her, it doesn’t work for everyone but make sure you make the choice not have a choice imposed by your LA

Be aware that sadly even with all the reports the LA will almost certainly pay lip service and provide little or no therapy, sometimes it pays to find a private therapist yourself who fits your DD’s actual needs, we went through 5 before finding a really good fit

Imitatingdory · 29/11/2021 12:35

The rationale behind seeking an independent psychiatrist or clinical psychologist assessment is, unless you are lucky, it is likely to be far more detailed, specific and quantified than the CAMHS psychiatrist report. For instance, CAMHS may not recommend something they don’t normally provide, whereas an independent psychiatrist doesn’t have those restrictions. Nor restrictions on the length or frequency of sessions. An EP report is unlikely to have enough detail about DD’s MH needs and the MH interventions she needs.

A clinical psychologist and a psychiatrist will have different focuses. In a perfect world parents would have both, complementing each other, however that is costly. Many parents just go for a clinical psychologist with SENDIST experience. When looking at one or the other it depends on DC’s needs, what your aim of the report is and what other reports you have are like. Clinical psychologists tend to look at the bigger picture and therapies whereas psychiatrists typically have a more medical focus.

MuddlingThroughWithoutAClue · 29/11/2021 10:18

Thank you Imitatingdory for taking the time to reply in detail, I really do appreciate it. I haven't sent me email to the LA yet although I have written it so I will tweak it later.

Please forgive my asking but what additional insight might a clinical psychologist be able to provide - presume more than DD's psychiatrist and Ed Psych? (I'm not as clued up as I should be).

Thanks also for Parents in Need - I doubt we would qualify as we are financially ok but also gave DD1 at university to support and there's only so much money to go round.

There is a letter with the draft we received asking if we wanted to find out about personal budgets. I would generally prefer the LA organise funding of EOTAS ad I wouldn't know where to start.

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