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Original poster

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

OP posts:
Imitatingdory · 28/11/2021 22:48

OT needs to be about more than solely sensory differences. It should also cover social skills, independence skills, daily living skills etc. It sounds like you are going to need an independent SALT report.

If you are going to appeal a better EP assessment will help. Whether you go back to the original independent one or cut your losses and start a fresh is a difficult decision. Both have pros and cons. The original one has seen DD previously, but the report is poor and suggests they may not have experience of SENDIST. A new one may be more expensive as you are starting again, they may be limited in what they can do due to not being able to repeat previous assessments but you could get one with SENDIST experience. My decision would depend on who it is and their experience.

If money is limited focus on independent reports as it is reports that win appeals. You can instruct SOSSEN or another education solicitor but, as you say, if the reports are vague or missing you aren’t going to succeed. SENDIST give a certain amount of leeway to self representing parents and a mediocre solicitor can hinder your appeal. If money doesn’t stretch to several independent assessments, personally, I would start with a psychiatrist or clinical psychologist, then OT, then SALT, then another EP/go back to the EP. If you are struggling to afford reports contact parents in need.

If you haven’t already sent the email to the LA add specified to detailed and quantified.

Think how you want EOTAS to been funded. Do you want the LA to organise it, a third party or do you want direct payments to source your own, or a mixture? All have advantages and disadvantages.

The weekly therapy sessions must be based on a type of therapy, even if that isn’t obvious, so this can be specified in section F.

Original poster
MuddlingThroughWithoutAClue · 28/11/2021 20:30

Thank you for your detailed reply @Imitatingdory

Yes I am aware that the LA acted unlawfully in refusing the reports we requested. DD has had NHS SaLT assessment since but I haven't received a report as yet. I don't think there will be much in it as the therapist said DD had done really well, didn't appear to have any issues with inference (directly contradicting EP) but suggested planning scripts ahead of situations would be helpful.

CAMHS have referred to OT for sensory assessment but not heard anything. I have found an independent OT who'd can assess and write a report - no space until January but that should be fine with the SENDIST appeal timescales. I'm not totally sure how useful this report would be i.e. whether or not DD has significant sensory needs.

Ironically the LA EP suggests an OT referral to investigate sensory needs (which they have copied from the independent EP report)!

The independent EP report seems very detailed in what DD needs but not frequency and amount of time that should be spent or who with. At the time I was lucky to find an EP with availability and mainly wanted the report to secure a needs assessment. I could go back to her and ask her to add more detail I suppose (and should have at the time) but it is most likely to late as you say. I didn't expect the LA EP report to regurgitate word-for-word parts of the independent EP report .

I have composed an email to the LA to ask for amendments to the sections above and requesting they go back to the report writers and seek quantified and detailed recommendations. I have also stated that we are requesting tutoring via EOTAS.

To be honest the tutoring is the main thing I want from the EHCP but if there's an opportunity to get a more comprehensive plan then it would be foolish not to try. For MH therapies DD is currently seeing her care coordinator for weekly therapy sessions and is just about managing (CBT was deemed too intensive for DD to manage at the moment). Do the MH therapies named in the EHCP have to be specific because I'm not sure what they would be?

I am aware of SOSSEN's draft checking service thank you. I toyed with the idea but at this stage even I can see that the draft is a bit rubbish! SOSSEN can check the reports and the draft but I'm guessing the reports aren't good enough in the first place and it's a lot of money to pay to find out something I already know. I would jump at the draft checking and re-writing service if I believed the reports were good enough but I need to work out where best to spend the money I can afford most efficiently.

I wish I could just hand this whole process to someone else to do as it's just one hurdle after another and my understanding is inadequate.

OP posts:
Imitatingdory · 28/11/2021 19:21

As you know, refusing OT, SALT and clinical psychologist assessments was unlawful.

All educational needs should be in B, so that needs amending.

Everything should be detailed, specific and quantified otherwise the EHCP isn’t worth the paper it is written on. Vague and woolly wording such as “opportunities for” need rewording. However, if the reports are vague and woolly this is difficult because provision is taken form the reports. You need to ask the LA to go back to the report writers to make them detailed, specific and quantified. It is appalling your independent EP didn’t produce a detailed, specific and quantified report. It is much easier to get this sorted from the beginning, even if that means appealing, than trying to tighten it up at a later date.

Don’t worry about funding, it isn’t your concern. As long as provision is detailed, specific and quantified it can be enforced. If DD’s placement needs more money they should approach the LA.

Anything that ‘educates or trains’ should be in section F, so it is enforceable. This includes MH therapies such as CBT, art therapy etc. More general psychiatrist reviews should be in G.

Why does G not have provision in if health needs have been identified in C? Section D should have DD’s social care needs in, and H the corresponding provision to meet those needs. All reports should be in K.

The EHCP will be updated at annual reviews, or early reviews if necessary, so outcomes etc. will change over time.

All identified needs should have provision and outcomes. However if there is PfA provision in section F don’t worry too much about there not being any outcomes. It is section F that is important.

Don’t say you can not name a preferred placement, you ask for tutoring by requesting EOTAS. In this case section I should be left blank and the provision included in F. Unfortunately, given the EHCPs lack of provision and vagueness I fear even if you get EOTAS agreed it will be little more than tutoring.

The 15 days is for you to make representations and name your preference for section I. Do not go back and forth negotiating content or placement, even if you have further information, it does not get you far, especially without all the necessary assessments. It is far better to push the LA to finalise, get the mediation certificate and appeal B, F and I if necessary. If you do appeal just get the mediation certificate rather than actually participating in mediation, so as not to waste time - LAs use mediation as a way to delay. If the LA are going to concede they will do so anyway. The LA must finalise within 20 weeks. From your post you are going to need to appeal if you want a worthwhile EHCP.

If you do appeal you can ask SENDIST to look at health and social care provision too. Whilst the recommendations aren’t binding if the CCG/LA do not follow them they have to write to you and SENDIST explaining why, and depending on specifics you can either complain to the LGO or begin Judicial Review proceedings.

SOSSEN have a draft checking service if that’s something you would be interested in.