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Here you'll find advice from parents and teachers on special needs education.

EHCP support thread no. 4

956 replies

Phineyj · 28/10/2024 10:17

We've nearly filled the thread again, so here's a new one. Welcome everyone: newcomers, people stuck in the process; battle-hardened veterans of many years...

Here are links to previous threads:

EHCP support thread - www.mumsnet.com/talk/special_educational_needs/4834986-ehcp-support-thread

EHCP support thread no. 2 - www.mumsnet.com/talk/special_educational_needs/4989146-ehcp-support-thread-no-2

EHCP support thread no. 3 - www.mumsnet.com/talk/special_educational_needs/5077140-ehcp-support-thread-no-3

OP posts:
Thread gallery
17
BrightYellowTrain · 01/11/2024 14:36

@SavedHistory you have nothing to lose by asking for more time.

Do you have the OT’s contact details? If so, contact them directly.

SOSSEN’s draft check service doesn’t include reading all the reports/evidence. If they are LA reports, you will already know they are unlikely to be amazing. Birkett Long and Watkins offer comprehensive draft check services. Personally, I think they are expensive, but lots are happy with them. A huge number of advocates offer their services. If you go down that route, choose carefully. Many advocates are good, but some are dreadful and can do more harm than good. I would save your money in case you need to appeal.

now pushing for me to accept the draft.

Just so you are aware, the LA doesn’t need your permission or for you to accept the draft to finalise. They can finalise even if you object to the content.

SavedHistory · 01/11/2024 14:08

@BrightYellowTrain

Thank you so much!! I got the draft 4 weeks ago but I was extremely unwell and asked to be given extra time. Today, they emailed me with an updated draft (OT report came in) but I have asked for the OT report and they jusr directed me to OT bit in the draft EHCP instead of the actual repport written by OT. I sent back an email requesting report and asking for meeting.

If I could bother you with with a few more questions:

Will I be penalised if I were to ask for another 2 weeks to review the draft? Could I say in light of the update, I would like a further 15 days?

I checked the EP report and I believe it does need amending. Will the EHCP service also check the reports? Or is there any service for this?

@Phineyj will look through the website and do it over weekend. But I have already gone over the 15 days review time and they are now pushing for me to accept the draft.

I am slowly looking through the previous threads to learn as much as I can. Initially, I was planning to accept everything but I genuinely believe the reports need changing…in my honest opinion the provisions seems like normal differentiation/intevention school provides to children without an EHCP.

I am shocked that something designed to be helpful is actually done through such tricks. In a way the parent cannot even trust the professionals to bave written the truth…so sad to see many parents having to become detectives and investigators…

Phineyj · 01/11/2024 13:36

Hi @SavedHistory. I used the EHCP checking service from these guys, but others may know of better, as I thought it was a bit basic (if cheap).

talking-sense.org/advice/

IPSEA have got a useful document that says what should be included.

www.ipsea.org.uk/what-sections-should-an-ehc-plan-have

Expect to spend several hours doing this!

Also you can ask for any changes you like but the LA don't have to make them (you have the option of appealing though).

@macramepotholder sorry the LA are still playing silly buggers.

OP posts:
BrightYellowTrain · 01/11/2024 13:33

@SavedHistory SOSSEN has a reasonably priced draft checking service if that is something you would be interested in.

The EHCP should cover all needs and provision required. Go through all the reports with highlighters. Highlight all DS’s special educational needs in one colour and all the provision to meet the 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, and anything the reports have failed to include.

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, otherwise the EHCP isn’t worth the paper it is written on and cannot be enforced.

Your screen shots are too vague and woolly. To give you some examples of what I mean:
‘For example’, ‘such as’, ’etc.’ need removing
‘High level of pre-teaching…’ needs amending - what is a high level?
‘High adult:child ratio’ needs amending - what is a high ratio?
‘Is available’ doesn’t mean DS will get it.
What ‘training’?
How long will the 10 SLT sessions be (20-45 mins is too large a range? DS could get 20 mins exactly each time.) and at what interval? What is ‘guidance’ (personally I would be pursuing a removal of SLTA).
‘Consist of…’ means they could all be purely observation in class.
What is a ‘small group’?
‘School staff’ - who exactly? The receptionist, cleaner?
LSA - what training, experience, qualifications?

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 (including who provides it) 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.

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

Request all the required amendments. However, if the LA refuses to amend when you make representations, don’t get drawn into a prolonged back and forth (which LAs can sometimes drag out for months - 18 months in one case I have come across recently) with the LA that delays finalising. That does not mean not checking and cross referencing the reports/evidence/EHCP, and it does not mean not making those representations where you highlight and explain what amendments are needed, and you can still try to work with the LA to settle the outstanding disputes. What it does mean is potentially months and months aren’t wasted without any provision and without submitting an appeal if necessary. If the LA drags out finalising an initial EHCP, the provision in the draft does not legally have to be provided. It isn’t finalised. And when LAs get involved in a prolonged back and forth, an appeal is still sometimes needed anyway. Going back and forth means delaying submitting any potential appeal for the time going back and forth (because you can’t submit an appeal without the right of appeal, which you get on finalisation).

EHCPs are reviewed at least annually. The EHCP can be amended as part of this annual review process. However, there is no guarantee the LA will agree to amend following the annual review. They may force you to appeal. If when the LA finalise the initial EHCP, it needs amendments the LA is not willing to make, you can appeal.

SavedHistory · 01/11/2024 11:46

Hey everyone!

I have received a draft copy of my DS’s EHCP.

I am totally unaware of everything. I find it all confusing. The layout of the draft, all the APPs attached. My son does not need to attend a special school. He is currently in reception in mainstream and seems to be doing ok with lots of support - his teachers are happy with him. An ARP school would be useful. Can anyone provide a quick cheat sheet for what I should be looking for?

Everything is ‘F Education’ as responsible agency and all adults/parents around child and SLT. I am attaching a bit as example.

Is there a EHCP checking service?

I am unaware of what should be included e.g types of activities directly related to English/Math, interventions to improve his social and emotional needs…And who should actually be facilitating these activities? SLT? Teacher assistant? It says banding D2 £8,200

I need some reassurance that should I agree with this EHCP now and if in the yearly review feel like no outcome has been reached, his needs are more, could I fight to change it? Tighten it up further?

Thank you all. 💐

EHCP support thread no. 4
EHCP support thread no. 4
Macramepotholder · 28/10/2024 20:52

Arrrghh the LA have simply come back and said:

Based on the evidence currently available to the Speech and Language Therapy services, they have determined that the needs that Xx is currently presenting with can be addressed through universal provisions already available to schools. If there is new evidence to suggest otherwise, this can be shared with the service to determine whether or not the new assessed needs would meet the threshold for an assessment to be necessary.

At this stage, the LA will not be commissioning a SLT assessment for Xx. The LA will be willing to review this upon the receipt of evidence which you have stated below will be forthcoming.

'Willing'!!

(I said the senco would be providing evidence she needs SLT which he has said he will do, along with getting a letter from the actual SLT she has actually seen).

So I've written back to say we'll proceed to JR then, as they can't determine that without an assessment.

Honestly it's like being in a parallel universe. Have copied the DCS to all correspondence so maybe he'll sort it out. Or not.