EHCP support thread no. 4

@millimurphy definitely appeal. The school clearly can’t meet DD’s needs if she can’t attend. Any decision now should also consider the upcoming transition. Meeting ARE academically doesn’t mean an EHCNA isn’t required,

Make SARs to the school, GP, CAMHS, autism assessment team (if that isn’t CAMHS). If you need independent assessments but can’t afford them and aren’t eligible for legal aid, contact Parents in Need. However, you may have enough evidence from the SARs to get over the threshold for EHCNA. It is a relatively low threshold.

In the current climate, an EP assessment via the school or LA outwith the EHCP process is unlikely, I’m afraid.

If DD is unable to attend school full time, is alternative provision in place?

Just had our request for an EHCP assessment for our daughter refused. They waited right until the 6 week deadline to inform us. The y told us that any needs could be met with the schools provision. Our daughter is currently waiting for an autism assessment (2 years to wait). She is in year 6 and has not been able to attend school since term started due to anxiety and sensory issues. She struggled with attendance as well during year 5. She finds everything too noisy, too busy, too bright. She hates changes to routine and other kids disrupting and not following rules.

She is not on the Sen register. School have not suggested anything particularly useful (mentioned quality first teaching, now/next boards, visual displays/timetables and an art therapy intervention. She also had a SCiP worker who worked with us and gave us ideas to help at home with regulation and emotions). At the moment I go and sit with her for an hour in a quiet room - if we get there just before 9am she gets an attendance mark. She is not able to engage with any school work and can not concentrate for any length of time. School have said she is 'fine' when she has been in, but she tells me she isn't and now will go mute, refuse to get dressed or washed, withdraws into herself. She won't leave the house apart from the hour we go into school together, doesn't want to see anyone from school and gets very angry and defensive to any requests or questions. She will sit huddled in a darkened room wrapped in blankets with a dummy in - and school say she has no SEN needs.

I want to appeal the ehcp decision but don't have any evidence apart from what we see at home and what our daughter tells us. She has been refused a cahms request (not depressed enough or self harming), doesn't qualify for an OT referral and I can't get any response from the school about an educational psychologist assessment to look at her needs. Apparently school can meet need but she us unable to go in. Apparently she is meeting expectations academically (although her previous work books are sporadic and disjointed with increasingly bad handwriting). I don't know what to do now. How to appeal, how to gather more evidence. She starts secondary next year and I know she will not be able to cope.

Her elder brother is autistic so I see the similarities in her behaviour and reactions, but while we wait 2 years for an assessment it seems we are in limbo. I have lots of emails to the school where I have been asking for help but they have not given a firm plan on how they are going to help her. They obviously think she is fine and that I just need to force her in. I think she is masking at school and is now in burn out.

Any advice on how to proceed please?

Very worried in Cornwall

@BrightYellowTrain I think the LA stated that the placement type was mainstream because of the fact that I asked them to consult with DD’s nursery. So I’m guessing they thought that mainstream is what I was after. B&F are really strongly worded so I can’t see it being a problem with the SS but we’ll see. I’ll keep our conversation via PM!

@Ponche bloody hell. So when do you have the hearing? See, I feel guilty that DS is 2.5 and isn’t currently in nursery. I would feel slightly better if he was already going somewhere and the appeal would be happening behind the scenes. I DREAD to think the LA wouldn’t name a place unless it goes to tribunal. I’ll literally cry lol and no problem! Feel free to message if you want to.

@handmademitlove I’m going to see how it plays out and will get my mind around starting an appeal if that’s what I have to do

I would urge you to consider appealing B&F as well as I. Particularly because you want SS.

@MinnieTruck I seem to recall that appeals that are only about section I are treated slightly differently to those with b&f - can't remember where the detail is though!

I would wait a couple of weeks (and give them a deadline!) and then lodge an appeal if they haven't named the school you want.

@Ponche I’m sure it won’t come as a surprise to you, but the LA didn’t tell you the truth.

@handmademitlove if it is reasonably required, the external support should be in the EHCP. Staff training can be too.

I suspect we will have the opposite problem. DD intends to stay at her current school for sixth form, but they will need external support to know how to support her as they are already struggling, hence the EHCP. But not sure they will get much support from the LA. I think what they need is some of their staff upskilling, which will in turn benefit other students. Could be interesting to see how it goes if they ever get round to completing the assessments!

@MinnieTruck My appeal is getting really messy and it’s just so stressful so I don’t blame you for not wanting to go through one again!

I waited a week before registering the appeal, in the hope they’d issue an amended final sooner. But it took them two weeks and that was after a lot of phone calls and emails.

At the time, DD was in a day nursery and the LA said they don’t name those type of settings (not sure if this is legal or not). But they would name a maintained setting and a school nursery was the only one being consulted so that was eventually named and DD was going to move there anyway, even if there was no EHCP.

If you do need to appeal, do it as soon as you can as I did it within a week of getting the final and it took a month for the appeal to be registered and the hearing was still 10 months away.

Also, thanks for letting me know about how you got DD’s special school, it’s really interesting how some LAs do things so differently. I may PM you after the phase transfer meeting next week.

@MinnieTruck if you appeal, look at legal aid. Personally, I wouldn’t wait to appeal. If the LA amend to your satisfaction, brilliant. If not, you haven’t lost time. I’ve replied to your PM, I’m not ignoring the rest of your post.

@Ponche how has everything been going with your appeal? If I have to go through the appeal process again I’ll honestly die. I’m really not trying to sound dramatic but that’s how I feel!!

I’ve read the whole plan once again for the 5000th time and I do believe that B & F is written well. The provision is clear and unambiguous as it’s really just copied and pasted from all of DS’ reports.

What if I just wait a week or two to see if there’s any progress with naming a nursery and if not, then I can possibly start thinking of an appeal? Surely they’d have to name a place soon?! I don’t understand how it’s just been left blank because they haven’t reached a decision yet. Genuinely do not have the brain capacity for this right now

@MinnieTruck I think the window to appeal is within two months of receiving the final EHCP and decision letter or within 30 days of the date of the mediation certificate, whichever is later.

I declined mediation and just rang up the company (details will be on the letter) to request a certificate.

@MinnieTruck I’m glad they made the necessary amendments, that must be a relief for you.

My LA did the same thing, they issued the final without naming a setting. Only one had been consulted and they were still waiting for the response. After a lot of pushing, they issued an amended final two weeks later.

By this point, I had already submitted an appeal against sections B, F and I. When I received the amended final, I withdrew the appeal against section I, as the setting had now been named.

@BrightYellowTrain how long do you have to appeal before you miss the window?

@MinnieTruck Because there isn’t a placement named, and you want a placement.

The setting named in section I is the logical conclusion of B&F, so you should appeal B&F as well as I.

While it is permissible for the LA only name a type of placement, where they name mainstream, they should normally name a particular placement.

@BrightYellowTrain wait, I’m so confused! Why do I need to appeal? Is it because they’ve finalised without naming a place or something else?!

I’ve just had a look and initially I thought Section I was left completely blank (I was actually looking at the draft) but it says, ‘Type of Setting: Mainstream.’ ‘Name of setting: To be confirmed.’

When I read the second draft, the only comment that I left wad the name of the placement that I wanted them to consult with which is the SS. I just saw I received an email from the co ordinator saying that they’ll get in touch with the SS from tomorrow. Yet the EHCP says mainstream….

@MinnieTruck you must submit an appeal. Don’t let your right of appeal lapse.

Not all EHCPs name a placement. Is section I completely blank or is there a type of placement?

Email the Director of Children’s Services asking them how they intend to deliver the provision detailed, specified and quantified in F.

The EHCP can be amended (subject to the LA following the correct process), but the LA may not, which is why you must not let your right of appeal lapse.

@handmademitlove that’s great news!🙌🏾

The LA had made the necessary amendments to DS’ first draft which is something. They issued the second draft yesterday, I added my comments yet they still finalised today.

Question, does this mean that things such as the funding amount and placement can no longer be changed? Or the LA will open the plan to amend these things (without an appeal) if needed? There’s currently no nursery named so I’m not exactly sure how it’s been finalised?

@handmademitlove Hurrah.

The LA has agreed to issue EHCP yay! Another step on the journey complete 🙂

@BrightYellowTrain I’ve got you🫡 thank you as always! I’m going to ask the LA to name the SS and start the consultation process so I’ll see what happens🤞🏾

@MinnieTruck you shouldn’t feel guilty. The SS can have a January start. It isn’t wholly independent, so you are not reliant on them offering a place.

If 1:1 is detailed, specified and quantified in F, it must be provided and can be enforced. The nursery would leave themselves and the LA open to legal proceedings if they didn’t. However, if it isn’t detailed, specified and quantified in F, it doesn’t have to be provided and is unlikely to be funded. This is when you would need to appeal.

If you want the mainstream nursery, you need to ask for precise reasons why they object. If you want mainstream, there is a right to a mainstream education except in a minority of circumstances that don’t apply to you (although this is not an absolute right to a specific mainstream placement), and it can then become more complicated. But, if you are thinking of SS, I wouldn’t worry about this now. DS is going to need SS at some point. If you want that to be now, pursue that.

@BrightYellowTrain the reason why the nursery declined DS is ‘….because of the age, ability, aptitude or SEN of this child.’ How do you even get the LA to still name the setting despite that? I also feel that the nursery won’t provide DS with a 1:1 if they don’t get the funding amount they’d like!

I’m seriously considering the SS as they accept from age 2 for kids to join their nursery. The only thing is, I have serious guilt about DS being 2.5 and still not being in nursery. I’m going to get in touch and see if they accept admissions in January (surely they would?) or would we need to wait until September 2025 for him to join. Sorry I’m waffling at this point. I’m starting to feel very stressed again!