EHCP support thread no. 4

All special educational provision should be in F.

and a follow up question - should all provision specified in the assessment reports be included in the EHCP, or only that which is outside of the ordinarily available inclusive practice of the LA? Just playing the game of matching provision to need as our LA does not seem to set out the EHCP in an easy to read way!

@BrightYellowTrain thank you. The response I mentioned from the LA was in response to a level1 and then level 2 complaint. The level 1 response said they only had to ask for advice, not actually get it. Then when I escalated to level 2 and pointed out they do have to obtain advice, they changed tack and said it was a matter of professional judgement and therefore outside their remit to direct them to assess. When I have the energy I will escalate to the LGO... but I know that won't fix the ongoing issues.

I will spend a few days going through the draft then once finalised, will appeal. I am not expecting the draft to be solid enough to be of any use.

@handmademitlove Yes, appeal when the LA finalise. In the meantime, you could try contacting to the DMO/DCO &/or the MO.

Personally, I wouldn’t use the provider the LA uses unless the professional is also well regarded for independent tribunal standard reports. Often HCPs the LA use do not produce tribunal standard reports, especially for OT.

Once you appeal, you could request SENDIST directs the LA provides advice and information from an OT. Although this is guaranteed to work and may not be a good assessment, especially when we are talking about OT that includes sensory integration.

You could, in theory, threaten JR. Many don’t go down this route for failure to seek info under Reg 6(1)(h) because it doesn’t guarantee a watertight report.

We are having an ongoing issue with our LA regarding OT assessment. I requested OT assessment as part of the EHCNA - DD has clear sensory difficulties and has been seen by OT during primary. OT response was " not known to service" and I pushed back, but was told that they declined to assess. I asked if the LA would therefore commission an independent assessment and was told it wasn't necessary. I complained to the LA and they said it was up to the professional judgement of the team. The EP then noted in her report significant sensory issues and gave some general provision but said more specialist provision was needed.

When I asked LA to follow up on this, the response came back that they had met with the clinical lead for OT and she said that the EP was not qualified to request or expedite OT assessments and has complained to the EP service.

I am stunned. No-one has denied she has OT needs, the code of practice is clear that any reasonable parental request should be provided, yet the LA says the clinical team won't assess and the EP should get back in her box..... I shouldn't be surprised really but their utter contempt for the process astounds me.

I am assuming the best option here is to finalise, appeal and get a private OT to take to tribunal? I know which private providers the LA uses, so presuming that using that option will reduce the risk of LA saying it is not appropriate provision?

Not taking the money won’t mean other DC get more support.

I’m finding that each and every time I get correspondence regarding DS, I almost don’t want to read it.

I closed the email as soon as I read that yesterday. I need to brace myself again and respond. I’m still scouring DS’s EHCP which makes me emotional too.

I don’t want that money because it would feel like money obtained at the expense of another child’s welfare. I would give it to charity, but I don’t want to give my account details or even see the figure in my account.

I just want to scream at them to deploy resources in a better way, make it easier, stop the smokescreens, put the children’s needs first.

I feel like I’m in a better position than many because I feel like I have some knowledge now. I’m beginning to understand the system. I really can’t thank you enough @BrightYellowTrain - you are a godsend.

Knowledge is power.

I look at my friend whose son never got an EHCP throughout his schooling, who now won’t leave his room and won’t attend school. That’s where any £500’s should be going, or should have gone.

@RibbyJumper lots use the money towards funding independent reports for their next appeal or the next pre-action letter they need.

If you really don’t want the money, as @Phineyj suggested, I would still take it and donate it to a charity.

I’ve just had an email from the Local Authority offering me £500 for their muck up. This is ludicrous. It’s actually made me feel very emotional, because it just seems so morally wrong and - of course - that £500 should be spent on helping a child/parent who needs it most. I don’t want it. This is not about money. It’s about the best interests of children. FFS I despair.

Re draft EHCPs - our LA is shockingly bad at this. The LA EPs don't even bother writing their reports properly. I reviewed one for a friend a few weeks ago where needs were specified, but the report didn't even bother to add corresponding provision for all needs, never mind specified, quantified and detailed...... Yet another battle to get the report corrected, then the draft. And the LA legal bods say that these things are "a matter of professional opinion" and so they won't intervene or uphold any complaints..... 🤦

@fedup1212 take one draft at a time.

Go through all the reports with highlighters. Highlight all DD’s special educational needs in one colour and all the provision to meet those needs in another colour. Each need should have corresponding provision.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F. Make a note of anything the LA have omitted from the draft, any needs without corresponding provision, any woolly and vague wording, anything the reports have failed to include, and any reports the LA has failed to take note of.

When you go through F, look out for vague and woolly wording. For example, “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. Provision must be detailed, specified and quantified. If it isn’t, the EHCP isn’t worth the paper it is written on and cannot be enforced.

When you come across vague and woolly wording, check the reports to see if they are woolly and vague or if the LA has watered down provision. If the reports are vague and woolly, ask the LA to go back to the report writer(s) to make the reports detailed, specified and quantified. Provision in EHCPs is taken from the reports, so if the reports are vague and woolly, the EHCP will be too. If the LA has watered down provision, make sure to request the LA sticks to the wording in the reports.

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.

Thank you @RibbyJumper

I will take a look when the DC are in bed and try and go through them

@fedup1212

I’m also insisting on rewording phrases such as:

DS is extremely passive to : DS is engaged when the environment supports his needs.

I.E - Change the environment before you blame DS for lack of progress, or find fault with DS.

@fedup1212

Hello from someone me who also feels out of their depth!

I’m currently going through my son’s EHCP. I’ve learnt from this these that Section F is vital. It outlines the provision.

Here is a link:

https://www.myfamilyourneeds.co.uk/support-child/ehcp-section-f-explained/

This is the part that is enforceable by law.

Please may I join the thread?

I've just got my two daughters draft EHCPs through and I feel a little out of my depth. I did enquire about a draft check but they wanted £150 and I do not have that spare at the minute.

One DD has ADHD and anxiety/fears around being "trapped" and doors being shut. Other DD probable ASD through is academic.. struggles with sensory issues and anxiety/emetophobia. Has been out of school since April 24 as has younger DD.

Thanks @Phineyj and@BrightYellowTrain Mediation is in less than 2 weeks so feel like I may as well go through with it at this point

I've just been re reading the letter which was sent informing us of the decision to not issue and have realised they don't actually state their reason.

They say 'we do not propose to issue an EHC plan at this time'. Then say he would benefit from an IT assessment, a SEN Support Plan review, and a robust transition plan.

They do not make reference to the Ed Psych report which was done, which has a list of around 26 interventions (of various kinds) suggested

It's all a bit baffling

@BrightYellowTrain thanks for the input, it's just so bewildering with everything out there. I've booked a few calls to at least just see what a few of them offer.

@HorrorFan81 if you decide to go ahead with mediation (it is often used as a delaying tactic), you should check the LA is sending someone with the authority to make decisions. Often they don’t, which renders the whole thing a waste of time because they then claim they have to take it back to ‘panel’.

There isn’t a specific format you have to use. You need to show DD meets the legal threshold set out in section 37(1) of the Children and Families Act 2014, and reference the evidence to support that.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies. They receive LA funding so many will ultimately toe the party line.

Hi all, hope you don't mind me joining.

Looking for mediation advice please

We were refused an EHCP after assessment. We have mediation on 13th Feb. I contacted SENDIAS for support and they have sent me lots of links and documents but most of them focus on tribunal rather than mediation.

Can anyone advise exactly what I need to prepare for mediation and in what format? Is there a template we could use? Thanks