School can't meet EHCP...now what?

I know this is an old post but I am in this exact situation now and wondered how did it pan out?

DD doesn’t need to already be under anyone for her MH.

The EHCNA could have included an assessment by a psychiatrist &/or clinical psychologist. If CAMHS wouldn’t or couldn’t assess within the statutory timescales the LA would have had to commission an independent assessment.

Then MH therapies can be written into section F which would have to also be provided, again if CAMHS won’t or can’t provide it the LA would have had to commission independent provision.

The benefit of having MH provision written into section F is that it can give access to therapies DC wouldn’t otherwise get, for a longer period of time and at a greater frequency then otherwise normally offered.

@Imitatingdory I will be thank you.

That's exactly what I was thinking!

No SALT or MH therapies, she would benefit from MH therapies/support but she's not under anyone for her MH/anxiety.

Lazypanda email the Director of Children’s Services threatening Judicial Review, if the threat doesn’t work contact SOSSEN for help with a pre-action letter.

Surely TA support from 1 or 2 consistent personnel is self explanatory. The LA are using it as an excuse.

As well as OT is there any SALT or MH therapies in (if DD requires them)?

@Imitatingdory the other provision is around resources/adaptions to be made in class, managing regulation and anxiety through the day and how support is delivered. It has a section on having OT input also.

The latest is that they need to check with Educational Psychologist about what the 1/2 ta support means and that it won't be possible to do this until after Easter! So I am going above it all and forcing their hand.

Hi all sorry to jump on, I’ve been sent my Sons draft EHC Plan and as he has been home schooled since November last year due to a bad experience with his old school, we are finding it hard to find a school we are comfortable with. We have seen a school, it’s in another LA and it’s an independent special school. Does anyone know if we could ask for this type as our Sons report indicates that he needs to be in a school with reduced pupils etc which this school has and it also has the specialist teachers that the reports state he needs. I just don’t know what the eligibility is for independent schools when applying through an EHC Plan. Also how do I go about asking for a personal budget? The Educational Psychologist states that our Son will need a sensory assessment but we can’t get it through NHS so the personal budget will be for this and any sensory equipment if needed. Also we have been told he will need a typewriter or another electronic device to use as his normal writing as he has difficulties with pencil grip etc. So could the personal budget go towards this too? Thank you so much in advance for any advice given.

Yes. Is there other provision too such as therapies?

Thank you so much @Imitatingdory that's all really helpful.

Between you and @Toomanyminifigs I feel like I have a much better understanding and know where I go from here.

Ok so really it's that she needs 1/2 constant ta support in all lessons throughout the day with specifics of the tas involved like how they are identified to work with DD, the training they should have etc?

X- posts. The EHCP overrides the place offered in the normal admissions round. Yes, the LA could in theory refuse to name the school in the EHCP, but it would only be lawful if they could prove:

• The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

The bar to prove incompatibility is high, higher than an “adverse effect”, “impact on” or “prejudicial to”. The school can object all they like but if the LA can’t prove one of the above they can, and must, name them regardless of the school’s objections.

You would be likely to win any appeal if the LA did refuse to name the school.

Be careful with SENDIASS, some are good but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

To explain my last point further, it is important for all provision to be detailed, specific and quantified, but of greatest importance for more specialist provision. That’s because things like time out cards are more likely to be given by the school even without an EHCP or with a vague EHCP whereas they are unlikely to provide full time 1:1 or SALT or OT or MH therapies when it is not detailed, specific and quantified and they don’t have to.

Yes that's correct @Toomanyminifigs it confuses matters even worse. Technically she has a place there without an ehcp but what that means once it's finalised may be different. I've been talking to SENDIASS but although helpful, they have been limited help.

I agree with toomanyminifigs don’t go back and forth with the LA, it is rarely successful and if you have to appeal time is ticking.

It is difficult to comment on specific wording without knowing more about DD and the EHCP but it should detail when the exit pass should be used/when DD should be supported/prompted/encouraged to use it e.g. when DD is overwhelmed and what the specific signs of that are. Exit passes/time out cards are one of the more minor provisions in EHCPs and pupils without EHCPs also have them, but specified and quantified provision is more important with specialist or resource intensive provision such as 1:1 or any therapies.

Just so I'm clear - DD has a place at the secondary school you're trying to name on her EHCP anyway through the usual admissions policy?

Are they actually saying that they can't meet her needs now she has (or will have) an EHCP? I think this is quite an unusual situation. Hopefully someone more qualified such as @Imitatingdory will be along to advise as I don't know what the position is regarding this. Could the school now try to refuse to admit her?

@Toomanyminifigs thank you. I will give the LA a few days to respond to my many emails today and then if no further I will email regarding judicial review, issuing as it is and tribunals etc.

I am worried as DC will have early transition and it all needs to be sorted. Thankfully as it stands she has a place at the new school we want as I had to apply for a normal place during the ehcp process.

Ipsea and SOS!SEN have some info on EHCP contents here:

www.ipsea.org.uk/what-an-ehc-plan-contains

sossen.org.uk/information_sheets.php

If you feel that you're not making progress/can't reach agreement with the EHCP though, force the LA to just issue it as is. As I said earlier, this will trigger your right of appeal. You will be able to appeal sections B, F and I (the name of the school) at the same time.

My concern for you and your DD is if this carries on for much longer, the secondary placement won't be sorted in time for September.

Ok thank you. Is there any recommended wording for example if it's an exit pass how do we word the frequency?

Yes, “as and when needed” is too vague. It is too subjective, what you and DD consider “as and when needed” may not be the same as what the school do.

@Imitatingdory ok, thank you.

I'm going through draft again to look again at wording.

I will ask for a definition of trusted adult to be included and as for the frequency of 1/2 specific tas to be changed.

Is 'as and when needed' also too vague? As lots of provision depends on exit passes etc

Anyone approached for advice during the EHCNA should reply within 6 weeks, this is a statutory timescale. If the LA’s own professionals cannot assess within those timescales the LA must commission independent provision. Coproduction meeting are also not a lawful reason not to finalise. Email the Director of Children’s Services.

“Trusted adult” could be anyone, what experience, training and qualifications will they have? What will they be doing to support DD?

“Throughout the day” does not mean DD will have a full time 1:1.

With regards to the wording throughout the plan by whom is referred to as 'by a trusted adult' and it's defined that my child should contribute and give her views on who works with her.
I can go back again if wording sounds too loose.

I will email again with regards to deadlines, when to expect the plan to be finalised and threatening judicial review.

I will let someone with more expert knowledge comment on the actual wording but to me it sounds like 'throughout the day' could be tightened up to say something like: 'in all lessons and including break/lunchtimes'. However, if that's not going to happen, I would be inclined to tell the LA to issue the plan now.

By not issuing the final EHCP, the LA is preventing your legal right of appeal. As dory says, you need to threaten judicial review. My concern is that both they and the school in question are using stalling tactics.

It sounds like the school is trying it on. Again, as dory says, that is NOT how TA support is supposed to work - unless those other DC have EHCPs so badly written that it doesn't quantify or specific any actual support. (Which I guess is possible!)

It's now been over 37 weeks since the LA received my request for an ehcp assessment.

Thank you so much, this is really helpful. I already knew we are over deadlines. A lot of this was waiting for Ed Psych input as the waiting list is so long. Lots are delayed in our area. Plus having to wait for co production meetings with both schools.

This is part of the wording -

X will have one/two consistent adults supporting her rather than a different TA each lesson.

Frequency - though out the day

Is this specific enough?

If you applied in August last year, you are miles out of time. Unless you needed to appeal the process should take 20 weeks. In order to meet the statutory timescales the LA must send a draft by week 14, which they didn’t. Even if they stuck to the timescales before then, a draft early February you should have had a finalised EHCP now. You need to threaten Judicial Review.

I was told there are for example 1 ta in a class expected to work with say 4 ehcp students plus those without

This isn’t how it works. If 1:1 is specified and quantified then it must be provided, to do so is unlawful. If the provision isn’t provided then it can be enforced via Judicial Review against the LA - it is the LA who are ultimately responsible for ensuring the provision is provided. The school are leaving themselves open to potential Disability Discrimination cases, too.

However, this is where it is important the wording isn’t vague or woolly. If section F says e.g. “access to” “would benefit from” “or equivalent” etc. then it cannot be enforced.

1:1 provision isn’t uncommon at all. Many do have consistent 1:1s. DS3 has full time 1:1 including breaks and lunch provided by 2 TAs. Even if the school want different TAs, which some secondaries prefer as it allows for subject specialists, they would still need to employ an additional TA or not have a TA supporting others if they are going to provide 1:1.