EHCP support thread no. 4

@MinnieTruck the SALT should be in the EHCP even if DD was already receiving the support/is receiving support outside of nursery. Is the 12 hours specifically to be delivered in nursery? If not, and DD is receiving more outside of nursery, depending on the wording, the provision may actually be being delivered.

@handmademitlove haha yep but we know the LA does whatever they want! I’ll get in touch with them and see what the heck is going on.

@BrightYellowTrain I get what you mean. DD still has SLT appointments every two weeks outside of the nursery so in theory she has way more than 12 hours if you see what I mean. It’ll definitely need to increase when she goes to school as I’m sure the appointments at the health centre will then stop. I’m going to speak with the LA before I sent an email to the DCS just to see what the plan is

@MinnieTruck the LA’s duty to ensure provision detailed, specified and quantified in F is received is non-delegable. This does not change because DD is 0-5. IPSEA has a model letter you can send to the DCS for breach of section 42 of the Children and Families Act 2014.

The wording isn’t the best (e.g. the 12 hours could be delivered ‘over the year’ unevenly with 11 hours in term 3, ‘must recieve’ is better wording than ‘will require’), so you will need to look carefully at the wording as a whole to see if it is enforceable. At the next review, you could pursue more SALT input. DD needs more than 12hrs pa.

@MinnieTruck I asked our case worker how they ensured their service level agreements were delivering what they should (after the "not known to service" response!) and she gave me the party line about regular reviews but in reality they don't chase unless they are encouraged to do so - by parents mainly!

If I had a policy at work of only delivering services when people complained, rather than because I am required to do so, I would definitely have questions asked....

@handmademitlove I asked for the person who spoke with the LA to contact me via email to explain that they cannot do what’s stated in the plan. Once I receive the email, I’ll then go back to the LA and see what the next steps are. Annoying but needs must I guess

@MinnieTruck the LA is responsible for the provision. As the service provider has stated they cannot supply the provision listed, it is for the LA to find alternative provision...
Get their refusal to provide what is listed in the plan in writing and send it to the LA, asking how they intend to supply if not through their usual provider.

Sounds like you have a few different options to consider @SpaceInvader321 good luck with it all🤞🏾

Can someone help me here because I’m about to lose my rag. I am STILL going back and forth with DD’s SALT who says that she will not be entering DD’s nursery to carry out what is set out in the provision section of the EHCP. Now the plan clearly says, ‘Over the next year, DD will require 12 hours of the SLT time….. with a minimum of 9 hours for face to face input.’

A few weeks ago I sent an email to the LA and cc’d in the SENCO from the nursery and the therapist. I asked them to clarify who is responsible for what is written within the plan. Is it the NHS or should the nursery have access to their own therapist. The LA literally confirmed that because DD is aged 0-5, it’s through the NHS. Yet the SLT has said that her higher ups have told her it’s policy for them to not enter a nursery(???).

Apparently, the SLT’s managers manager has spoken with the LA to inform them that they won’t be carrying out what’s stated in the plan. What the hell happens now then? The LA hasn’t informed me of anything and I’m getting annoyed that it’s nearly Dec and the therapist hasn’t yet started working with the nursery. Helppp what is my next step here?

they can't change the fact that it's a massive school with all the sensory overwhelm, etc that comes with that.

@SpaceInvader321 ^this is why DS3 now has EOTAS. He was in a supportive mainstream with a comprehensive EHCP but nothing could overcome the overwhelming sensory environment.

Some DC have part (the part(s) that it isn’t inappropriate for it to be delivered in a school) of their education in a school and part (where it is inappropriate for it to be delivered in a school) otherwise than in school. It wouldn’t be a full EOTAS package and the school would still be named in section I. When it works well, it is excellent. When it doesn’t work, it can be disastrous.

EOTAS packages are completely bespoke. It can help to break it down into elements and make a table. For example,

• Academic learning - 1:1, in a group, a mixture? F2F, online or a mixture? If online, will it be an online school (and which type because they vary a fair amount)? If F2F, where - a tuition centre, home, in the community (e.g. library, community centre, church hall, hired office space, LA building…)? What subjects (including your less traditional subjects - tuition doesn’t have to be your traditional academic tuition) or will it be completely child led based around DC’s interests?
• APs - e.g. a care farm, forest school, sport AP, arts AP, gaming AP.
• Therapies - SALT and OT (including SIOT). Then something focusing on MH - CBT, animal-assisted therapy, art therapy… Then consider if any other therapies are needed, e.g. physio, rebound therapy, hippotherapy…
• Exercise/sport - gym membership, swimming, tennis, climbing, skiing, cycling, personal trainer, martial arts…
• Mentoring/PfA - online or F2F? Mindjam? Accessing the community (and a budget to do so).
• Social interaction - this could be anything from organised groups such as a chess club/Air cadets/dog training group to a budget for outings of DD’s choosing (e.g. shopping, theatre, gaming cafe, museum…) to online socialising.
• Cooking lessons.
• Music/drama/singing lessons.

Then move to thinking about things such as:

• Equipment - desk and chairs. Tech, software, assistive tech, headphone, printer (and ink subscription), sensory equipment…
• Resources - paper, art supplies, anything else needed for the tuition or mentoring…
• Memberships/subscriptions - this can include things like magazine subscriptions, Spectrum Space boxes, MEL science boxes, Hello Fresh boxes, book subscription boxes, Scrawlr boxes, annual membership to the trampoline park, Tassomai, audible…
• Professional time - TA/HLTA/LSA to facilitate the package. A lead professional to co-ordinate and oversee the package. Time for professionals to plan, provide feedback, attend meetings, update and write reports, prepare for and attend annual reviews, EP input, travel time, payroll company…

If you are interested in reading it, we talked EOTAS possibilities in the pub thread and I posted about DS1&3’s packages.

So very behind on this thread. Congrats @MinnieTruck, that's brilliant news about the school. Sending good vibes to everyone else, whatever point you're at in the battle.

I'm still waiting for the LA to respond to our Working Documents. In the meantime, we've been dealing with a lot of EBSA, unfortunately. Both DC are really struggling in their big MS secondary, mainly the sensory and social stuff. Our SENCo has lightened DD's lesson load a little and has her doing a few sessions each week with a dedicated LSA, which has been positive. But even though the SEN team is lovely, they can't change the fact that it's a massive school with all the sensory overwhelm, etc that comes with that. We're seriously considering a change of setting but it seems like there aren't many good options. Most of the ASD specialist schools near us are either tailored to children who are behind academically and/or have a lot of behavioural needs, or they're wholly independent and won't take DD because of her PDA profile. I'm waiting to hear back from one independent SS following DS's assessment there a couple of weeks ago, but the fact they haven't been back in touch doesn't bode well, and DS didn't seem keen on going to such a small school (6 or 7 kids/year group).

I'm really warming up to the idea of EOTAS (thanks @BrightYellowTrain for all your insight on some other threads). I have no idea how open to the idea our LA will be, or what exactly a package would look like -- lots to learn. Online school is one possibility. DD says she knows she should probably change schools but she's distraught at the thought of leaving the SEN team and a couple of teachers she really likes. Our current SENCo has said he's open to looking at a hybrid option, where DD could do some in-person lessons at MS and the rest online, which could possibly work, if it isn't too challenging logistically and it's a feasible EOTAS arrangement.

I think we probably won't be able to wait until our tribunal hearings, though, as they're not for another six months. So I think we'll need to look into an early review. Our new caseworker is on leave, so I haven't been able to discuss anything with them yet.

Thank you so much guys!

@Ponche my LA were very naughty and didn’t follow the correct procedure for the phase transfer review as I basically didn’t have one.

In August, I received an email from the LA saying that as my DD has an EHCP, I wasn’t to apply for primary school places via the general admissions route. I was to apply through the SEND team route and there was a link which took you to the online application.

When filling out the application, it asked for three schools to be named and one school had to be a mainstream school. Bright had told me that legally, you can apply for a special school and don’t actually have to include a mainstream school. So all I did was write the same special school down three times😂

I thought the LA may get in touch and ask me to include another school but they never did. I saw that the EHCP had been opened and they requested to name the special school on DD’s plan. There was no pushback from the nursery or the LA at all but as I said, they didn’t actually carry out the phase transfer review like they were meant too! I’m not sure if any of that makes sense so feel free to PM if you’d like

@BrightYellowTrain oh yes, I see what you mean. If it wasn’t for this thread, I wouldn’t have known either!

@MinnieTruck that’s amazing news, so pleased for you and DD! At the phase transfer review, or even just generally, did the LA/nursery ever push mainstream? As I have the phase transfer meeting in a few weeks and not sure how it will go when I mention special schools.

@MinnieTruck That is brilliant. Well done you!

The special school (and only school) that I applied for, visited DD at nursery on Tuesday which apparently went really well. Today, I found out that the LA will be naming the school on her EHCP. I could CRY

@Ponche as well as pressure on court time, more parents are aware you can make the request. DS2’s hearing was brought forward to next month. I know if I had made the request recently it would have been refused. For other people’s cases I have supported, it used to be only the occasional one refused. Now it is more. It is still worth making the request for genuine reasons, though.

That makes sense, I guess the system is just even more overwhelmed now.

They said if both parties agreed to a paper hearing, it may be brought forward. But I would prefer an oral hearing so I declined that option.

Sorry to hear that @Ponche. A year ago, the vast majority who made such requests for genuine reasons had an earlier hearing agreed. Now, more are having the request refused or not brought forward by as much.

Great news @MinnieTruck !

Our request for an earlier hearing was refused, due to the volume of cases which is understandable I guess.

@MinnieTruck brilliant news.

Haha honestly @Phineyj can never get too excited can we

The LA have decided to issue DS with an EHCP which was expected. He’s now one step closer to joining his sister in nursery which will be perfect for him. First draft is due in a couple of weeks so we’ll see how that looks!

Thank you. I will do this as she has been without this provision since may and she's not learning anything probably regressing infant. If she wasn't in this current school she would defo be at home by this point but they do so much extra for her

The normal timescales of complaints process are too long for failure to provide provision detailed, specified and quantified in F. Instead, email the Director of Children’s Services reminding them of their duty under section 42 of the Children and Families Act 2014 and threatening judicial review if the situation persists. Then, if that doesn’t work, you need a pre-action letter. SOSSEN can help with this free of charge, but there is a wait, so you may want to look elsewhere. If that fails, JR proceedings themselves will resolve the situation.

The si trained ta is actually in her ehcp currently. She isn't receiving it so I have put in a complaint in regards to that too