EHCP support thread no. 4

The LA have opposed our appeal to tribunal.
Not surprised but feeling abit shocked and saddened and pissed off tbh.

What the hell happens now?

If you want DS to attend full time (or part-time but more than he is attending now), he can. The school cannot refuse unless they formally suspend. If the school refused, that would be an unlawful informal exclusion. Don’t worry if they do go on to suspend. A formal suspension instead of an unlawful, informal exclusion will a) provide evidence of unmet needs, b) force the school to follow due process, c) limit the number of days the school can suspend for, d) allow you to challenge any suspension. Once DS is CSA, it would also ensure he receives alternative provision for longer suspensions.

However, if you want DS to continue to attend part time, he can until September. It is your decision.

Really, the school should have requested an EHCNA before now. And the nursery should have.

To add again as well, he is in nappies still as he’s unable to communicate when he needs the toilet

The SENCO is helpful and is doing his ehcp, his teacher and ta and support teacher has gathered a lot of evidence to add to it too and they have adjusted things a lot from him in the classroom and still involve him with everything, even if he might not like it they still do try and have even out him with. Small group of child to open him up to interacting with his peers, they have said they want him to be full time before he turns 5 (he is a June baby) but I just don’t know what goes into it as it’s my first time with the whole school system never mind SENCO school system so I don’t know what I’m entitled to say or not if that makes sense x

Perfect thank you, that is good to know because we are waiting for a educational psychologist report to come in ( they are working 6 weeks behind )

Yeah they tried him in SENCO office but he was just messing with everything that he shouldn’t be touching. He was really overstimulated throughout the days when he first started, acted out a lot, a lot of meltdowns etc there was days where I had to physically pick him up to take him into the school this was throughout September-November , he has settled quite well now and is happy in school and going to school, he still has his moments as I call them when it’s too noisy but they seem to be doing there best to handle him and give him breaks from the classroom etc the outburst and meltdowns are nearly probably 1 a week instead of 4 a day if that makes sense

Has the school tried DS eating in an office?

When you say DS didn’t make it through the full day, in what way do you mean? I ask to work out if the school is acting lawfully or not. The ‘soon letting him go in for an extra 30 minutes’ suggests they are acting unlawfully. If you want DS to attend for another 30mins (or more) he can unless the school is formally suspending him.

The TA as well has also been doing some 1:1 attention autism activities with him

Our LA has apparently asked for a second meeting with our SENCo to look over our WDs "in detail". This was the latest news from their legal rep.

Should/can we ask to be involved in this meeting?

They've had the WDs for several months. In that time, my DC have reached burn out and are barely attending school. We have a private EP lined up to do follow-up observations this month, so will also want to include her findings in the WD.

I really like our SENCo but I'm starting to feel like maybe that trust is misplaced. Tempted to suck up the expense, forego a holiday and get a solicitor involved.

And to add they have tried him in the classroom with the TA to eat but while the classroom isn’t full of the other children he just wants to relax and play instead of eat x

he started full time at first and didn’t make it through the full day, so we agreed to do a 9:30-12 to wean him in as it was a drastic change for him they have talked to me about soon letting him go in for an extra 30 minutes 1 week and then build it up so forth , they have put the support teacher in place to help along side the class TA but the support teacher isn’t always there I don’t think, I think it’s due to staff shortages why they have done him with so little hours at the moment as he’s currently very happy going to school, his support teacher goes onto break round at dinner time, and the TA has her dinner I think so there’s just not enough to juggle him I don’t think well from what I have been told anyway, he is a bit of a menace when it comes to break time and it took 3 staff members to bring him in and it was very upsetting for him on his first few days, his teacher also said in the meeting with senco about his part time hours is that the other staff also help in nursery too

The weeks don’t change even if the LA agree to assess before the 6 week deadline. If the LA isn’t going to issue they must inform you by week 16. If they are, they must finalise by week 20.

Do you think if they started the needs assessment early at week 2 then the weeks have been brought forward? Her needs assessment was week 2 - 8, it’s now been nearly 3 weeks, how long after the needs assessment do they usually say if they are going to issue a ehcp draft or let you know they won’t be carrying it on?

The normal timescales apply. If the LA is going to issue, the LA must finalise within 20 weeks. In order to do this, they should send a draft by week 14. You will get the chance to make representations and state your preferred placement. Then the LA will consult settings. The phase transfer deadline only applies to existing finalised EHCPs.

Welcome @Firsttimemummy2035. Why is DS only attending part time? Is it your decision as per your right to send DS part time until he is compulsory school age? Or is the school unlawfully excluding DS by saying he can only attend part time?

Unless the school is going to submit the EHCNA request ASAP, you should do it yourself.

Don’t get too bogged down in your views. For something that is working well, you could put something like “having a consistent [person - see below] meeting DS each morning on arrival to support the transition…” Where ‘person’ is put whatever their job title is. It is unlikely to be a teacher supporting DS all morning.

Is the ‘support teacher’ or TA providing any 1:1? Or is it a class TA and the ‘support teacher’ just meeting DS in the morning? If DS is receiving some 1:1 you could say the 1:1 is working (if it is!) but that more is required. Similarly, you could say that the breaks from the classroom are working (again, if they are) but that more are needed/sensory equipment is needed/a quieter space is needed…

Has the school tried somewhere quieter to eat lunch?

So I assume it’s been sent to the LA to ask for the funding.

@RibbyJumper no, it has been sent to the LA following the AR. The LA may or may not agree to amend the EHCP. It isn’t a done deal and isn’t just a matter of funding.

The LA will notify you if they are going to maintain as it, propose to amend or propose to cease to maintain. If they propose to amend, they must send the proposed amendments too. You can then comment on them, state preferred school.

The problem with focusing so much on the provision map is a) it isn’t in F so doesn’t have to be provided, and b) the LA may not actually agree to amend the EHCP to include the content of the provision map.

Provision maps may well need to change 6 months down the line and a change from EYFS to Y1.

The school is unlikely to be getting funding for provision that is not in F. Even if they are, that is between the school and LA. The LA may well not do anything.

My DD EHCNA seems abit all over the place and doesn’t seem to run along side the usual timeline, I am on week 11 and it is saying it will be finished at week 16 ( 15th February ) due to her moving from preschool to primary school, what am I likely to expect in these last 5 weeks?

@Firsttimemummy2035

For my son’s EHCP I initiated the process in preschool. You can initiate the process yourself with your local authority.

I’d check with your school SENCO, but - looking back - I felt I had more ownership this way, and did lots of chasing/demanding and got the EHCP about 8 months after initiating it.

I think his preschool SENCO was quite relieved that I did this, because she had so much to do herself.

I have found it emotionally draining, but I have found out more about ‘the system’ this way.

https://www.ipsea.org.uk/making-a-request-for-an-ehc-needs-assessment

IPSEA is an incredibly useful website as it states the law and your rights.

Unfortunately my personal experience of school/local authority is that they ‘bend’ the rules due to funding constraints.

To add I was thinking about expressing my thoughts on him having a 1-1 support so he can be full time and have that person to guide him learning wise

Hello everyone, I’m just looking for some advice any of you could help me x my son is currently 4 years old, and is in mainstream, he’s classed as non verbal and mostly hand leads for his communication, his speech has improved a lot in the last few months he can say simple words as bye and is still in nappies. He has no sense of danger and is autistic. He currently does 9:30-12 in a mainstream school, senco and the teachers have been brilliant but senco want to do a ehcp which I also want for him. He currently has a support teacher along with his normal teacher and his TA. Due to staff shortages and other reasons the support teacher cant be there with him all day for him to be full time. He meets her at 9:30 and she settled him into the classroom and then when I pick him up it’s usually swapped to the TA and she will meet me at the gates. SENCO have asked me to fill in the views as a parent about the school setting and what is currently working for my child and then what is not working for my child. There’s loads of things in between like loud noise that triggers him into a meltdown and will throw himself backwards, he struggles to eat at dinner because the dinner hall is too noisy but they do offer him breaks from the classroom and dinner hall if they see it’s getting too much for him, they also have a sensory room that he goes in too. I was just looking for some in put what I can put in the what’s working well and what’s not, I’m just not sure how to word it as it’s my first experience going for the ehcp and I really want him to get one as any other parent as when he gets older he is really going to struggle with the social and education side as his cognitive thinking isn’t the same as his peers, he can’t read or write etc thank you x

IPSEA template letter tomorrow @BrightYellowTrain

And then I guess the amended EHCP will come for me to review before being finalised and I can have a thorough look at Section F.

I’m so focussed on the provision map because it very clearly states outcomes, funding, time spent, adult help. In the absence of the amended EHCP (which I’ve been waiting 6 months for) this has been a clear point of reference. The SENCO told me she had included this, and it’s her document as part of the plan for the amended EHCP. So I assume it’s been sent to the LA to ask for the funding.
What I don’t understand is why the SENCO is now telling me that the provision map doesn’t apply for this year, or that the class teacher doesn’t need to see it. Why was it ever included in the amended plan in July for me to check and comment on?
If I say to the LA that the school sent this to you, but that’s not how they are spending the funding that they’ve asked for, what would the LA do?

You can request provision under section 19 of the Education Act 1996. On their website, IPSEA has a model letter you can use.

It sounds like the LA conceded well over 14 weeks ago, so you should send another one of IPSEA’s model letters to the LA for breach of the timescales.

That's interesting thank you. I'm going to contact and view two semh schools locally. Both their websites suggest part time/ phased start might be options.

It's taken a year, because the LA originally refused to assess and then caved after we applied to tribunal, then we had to wait for an EP to be available and meanwhile 12 months have gone by. Our caseworker says the EHCP draft should be prepped later this month, so fingers crossed we are nearly there.

Hopefully one of the semh schools we can name as a parental choice, and if she can only manage part time, then we can secure her some online learning as well as I feel a blend of therapeutic school and online learning would be ideal.

With her being effectively out of school completely at the moment, can we request AP right away? I hadn't even thought to.

Welcome both.

@TripleRocks serving notice won’t interfere with the EHCP being finalised. It wouldn’t interfere with alternative provision being provided in the meantime, either. Has it taken over a year because you had to appeal? It is possible to have a bespoke package with DC attending school part time and other provision delivered otherwise than at school where it would be inappropriate for DC to receive it in a school. But the school would still be named in section I. It wouldn’t be blank like it would be with a full EOTAS/EOTIS package.

@RibbyJumper the LA can only lawfully cease to maintain if the LA is no longer responsible for the child or YP or it is no longer necessary to maintain the EHCP. Neither of those apply to DS. Therefore the LA should not cease to maintain. IMO you should focus on improving the EHCP rather than ceasing the EHCP. As I posted in your other thread, focus on the provision in F rather than the funding or provision map. Send IPSEA’s model letter for failure to complete the AR process. If that doesn’t work, you need a pre-action letter.

It’s actually ‘ReadingEggspress’.

@TripleRocks

I have a friend who works for a Local Authority and provides 1to1 tutoring for GCSE’s. She visits them at their home or in a cafe. I don’t know how this works exactly or how this is funded.
I also have friends who are online tutors.

I’ve used a subscription programme called readingexpress before (part of reading eggs). It’s excellent, but I think it only goes up to age 13.