EHCP support thread no. 4

@Macramepotholder don’t be surprised if the LA suddenly decides they will do a SALT assessment either now or if you decide to appeal. Lots try to in order to discredit independent reports.

@Ponche so nothing to do with the local offer then. They should get their story straight. That reply is a standard LA viewpoint.

@BrightYellowTrain I just heard back from the LA after I said there’s no need to compare the needs/provision with the local offer by carrying out additional NHS assessments.

They said ‘the additional assessments are not being requested to fully repeat all aspects of the assessment/ they are to cover any areas that the NHS practitioners feel have not been undertaken or explored via the independent reports/ they can also use the independent assessments to form their own advice/ the LA requires this to provide the tribunal with a balanced view around the provision required’.

Had a small victory this week in that we were both assigned an EP and she will be doing a full cognitive assessment (because the tribunal ordered it the agency are going to do it and then just bill the LA even though they didn't ask for it). Also a comedy exchange where I told the LA we were seeking independent SALT reports and they said 'well yes we will consider those but we'll also consider our own SALT advice'.

They do not have any SALT advice.

Honestly.

@BrightYellowTrain thanks, have emailed both!

@handmademitlove after I got the EP report, we got a decision to issue 5 days later, after chasing the caseworker. Our LA were also behind timescales.

For breach of statutory timescales, you need to go down the JR route. Not the normal complaints process. The timescales of normal complaints process aren’t a suitable remedy for breach of the statutory timescales. And going down that route can actually be counterproductive because you then acknowledge there is an alternative remedy and JR is a remedy of last resort. You need to email the DCS threatening JR. If that doesn’t work, you need a pre-action letter.

I have already complained about the timescales. They ignored that bit of my email to tell me that salt and ot weren't happening! Have moved to level 2 complaint.

how long

How long is a piece of string? The LA will take as much time as they think they can get away with and then some. If the LA is in breach of the statutory timescales, send IPSEA’s model letter now.

Got the EP report - it notes that the EP advice needs to be supplemented by specialist advice in SALT and OT, which is going to be tricky for them as they haven't got any SALT or OT reports 🙂I have asked how they anticipate doing this without them. Will see if they reply! Any idea how long LAs usually take to get from EP report to decision? They are already over time, but given they are only waiting on medical report now, I am hoping we can move swiftly on to the next battle... for I know there will be another battle!

edit : typo....

@Ponche contact both the LA and the current setting. The LA is ultimately responsible but for DC in a setting the setting undertakes some of the process e.g. inviting professionals.

@BrightYellowTrain thank you very much, that’s really useful information.

I’ve not yet heard anything about the phase transfer review/meeting and am going to bring this up today. Do the LA initiate/arrange this or the school? As I’m not sure who to first contact.

@Ponche look at why you don’t like the LA’s proposed SS. What specifically about it/them do you not like? What do you like about the preferred school? I suspect when you dig down it is more than a ‘don’t like’. I suspect you think the schools the LA may propose are unsuitable in some way.

Alongside that, remember unless your preferred school is wholly independent, your preferred placement must be named unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs 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.
So you would look at why the LA refused. Looking for specifics rather than the vague arguments LAs often use. For example, a lot of the time LAs use full and say placement is incompatible without actually being able to show the high bar to prove incompatibility. It is more than an “adverse effect”, “impact on” or “prejudicial to”.

@BrightYellowTrain thanks a lot for explaining and that’s a really good point re transport.

‘the duty is for an appropriate school’ - this is what worries me, as what if you don’t like the special school the LA want to name.

@Ponche you can still appeal even if the MS thinks they can meet needs. This is actually the case is lots of appeals. It can happen for numerous reasons, including because the school sometimes gives in to pressure from the LA or they don’t understand DC’s needs.

Your preference being out of area doesn’t matter. What other schools the LA consults will be up to them. At some point, even if it is well into the appeal process, I would expect them to consult their own SS.

Don’t rule out wanting transport. Even if you don’t want the physical transport, you may want mileage. You also don’t know what the future holds.

Remember, the duty is for an appropriate school. Not necessarily the best possible provision in the best possible placement.

Just had some questions about appealing section I. If the mainstream school has not yet said they can't meet need, is it worth/can you still appeal section I, if you feel needs may be better met in a special school?

The independent OT and SLT reports have evidence/recommendations for F that suggest a special school will be required. Verbally, the OT said to keep an open mind and consider both options. The SLT feels a specialist option will be best. Everyone I have spoken to in the LA is strongly advising mainstream of course.

If my preferred special school is out of area, would this preference still be considered alongside the two that are in our LA? In terms of distance, the two special schools that are in our LA are slightly further away than the one in the neighbouring LA. And I wouldn't be requesting transport for either of the three schools.

I have no concerns about the mainstream option at present but feel there is a local special school that may be a better fit. I'm going to view it next week so will ask more questions then.

If someone could guarantee that DD could start at a special school at the start of year 1 after completing reception in mainstream, then I would take this option. But as no such guarantee is possible, I'm worried about what will happen and how long it will take to get a special school if DD starts reception in mainstream.

She may manage in mainstream reception, but I don't see her making academic progress in the same way as her peers, as optimistic as I am. Y1 onwards she will definitely need special school, so is it best to just start reception in a special school?

Well, guess we will find out. Our LA has a bad reputation. Let's hope they do the sensible thing. It's all such a mockery of the law designed to protect the rights of children with SEND. Hope the present government find some way to end this nonsense.

Often the LA will concede and begin to arrange provision. Sometimes they will request a meeting with you. Unfortunately, sometimes they will ignore it until you chase. And in a minority of cases, they will ignore it completely and force you to take matters further.

Pre-action Protocol letter sent to LA for specific non-provision of a couple of aspects of (F) yesterday.

What might happen next?

Do many LA's fight?

Are SALT and OT not detailed, specified and quantified in F?

During an appeal, the current EHCP remains in force until an amended EHCP is finalised.

The reports are good and do identify his needs and provisions needed but the draft is specific and quantified it terms of ta qualifications and training level also some needs I have asked to be added from the assessment which where missed TBH our LA seems not that bad when it comes to ehcp but I would like a water tight ehcp which can be enforced which is what I highlighted to the case officer as well so let's see I hope they do make majority of the amendments and saves me going through tribunal as the wait times are horrendous if do does he still get the current ehcp and provision whilst I appeal the rest or he gets none and I wait a year or more for the appeal
TBH he could do with Salt and OT alongside a ta so his some of his needs get met rather than none as school seems quite supportive.

@Nweuht you can make representations, whether or not the LA listens and amends varies. Sometimes they do, sometimes they don’t. It also depends on what the evidence is like. If the reports are poor, the EHCP will be too.

Hi I just wanted to know if LA coniders ehcp draft amendments based parental representations as we used a external send advocate to help us with this and she did highlight a few points that we missed but mostly the draft was good but a few needs missed and outcomes were not very smart also the qualification of the TA weren't there any advice will be helpful.🙏

@Sunshineclouds11 legal aid can fund independent assessments if they are necessary.

@BusMumsHoliday glad you have a finalised EHCP. You may want to formally complain about not being given time to make representations. Focus on the provision detailed, specified and quantified in F rather than funded notional hours. Personally, I wouldn’t let your right of appeal lapse. The LA’s word means nothing. They lie all the time. They may backtrack (conveniently after the right of appeal lapses) and force you to wait until the AR to amend.

Hi everyone. Checking back in with some good news! DS has an EHCP. He has 28 "notional hours" of funded support which is more than anyone - including us - expected he would get. This would absolutely not have happened without advice I got here and elsewhere on SN/SEN boards. Thank you.

Less good news. The final steps of the process were an absolute muddle because the LA did not give us time to consult the draft before finalizing in order to meet statutory timelines, and because there is still no OT report (in fairness, our LA co-ordinator sounded irritated by this, too). So the wording needs work, though broadly the provision in F (other than the missing OT) I feel is appropriate. We have written assurances they will amend to include any comments they accept and the OT recommendations when they arrive, after which we'll get another 15 days to consult and offer amendments.

My gut feeling is that we will probably be far enough apart on the OT report that we may have to go to tribunal on this. Direct OT is something that I really think he needs, though I appreciate that his sensory needs aren't always visible because DS really tries to keep up, and because he's cognitively very able, so he sort of keeps up even when he misses half of what's going on - but beyond reception, I don't know if that will always be the case.

If it's useful for people to know, we used the SOSSEN draft checking service which was £100, and I think well worth it. Much of what they spotted we had noticed, but DH and I also work in professions where carefully and suspiciously reading is a core skill. They also had useful comments we had not considered.