EHCP support thread no. 4

Good to see that some organisations are highlighting the quality issues with EHCPs that we are all very aware of. The question is whether the proposed overhaul of the send system will be a positive thing or just a financial exercise to avoid funding issues?

schoolsweek.co.uk/wrong-names-and-rule-breaking-poor-quality-ehcps-shortchange-schools/

@246810k provision in the EHCP can be enforced once finalised. Non-implementation of provision/breach of section 42 of the Children and Families Act 2014 is a JR matter. A content appeal isn’t about whether agreed provision in an EHCP has been implemented or not.

@BrightYellowTrain thank you. We're worried if they haven't funded it then even if it's in ehcp it won't be implemented? They told us 8 months ago they were working on costs and have said now it's not sorted that's why we're concerned

Focus on the provision rather than the funding. Don’t sign the proposed consent form until the provision is detailed, specified and quantified. If that doesn’t happen, SENDIST will decide.

Me again! Tribunal final Hearing now couple weeks away. La have agreed all but some provision they are still sourcing funding?! They've had 8 months and during this time still arranging funding. They want us to agree consent order but am I being right by saying no until and outstanding funding sorted and attend final hearing?!

@Namechangeagain80 you can point it out to the SENCO if you want, but it is the student social worker writing the report and she should have the conviction to write the report based on her own opinion.

@BrightYellowTrain Thank you so much, I really appreciate your guidance. Request for information on the proposed amendments has been made. Is it also worth pointing that out to the SENCO?

@Namechangeagain80 I would ask what amendments the SENCO has requested the student social worker make. Don’t wait until the report is finalised. If the amendments requested are to remove recommendations, I would point out to the student that recommendations should be based on DD’s needs, not what is manageable for the school.

@Cinnamoncupcake request all the amendments required.

Thank you, if I’m honest I’m alittle disappointed with it, all the F sections seems good to go with B but there isn’t enough detail on 1-1, who with and for how long. They have done 1-1 or small group up to 4 for a few things but not everything.

@BrightYellowTrain

So I have just received an email from the SENCO, which includes:

"I have proposed some amendments to X's plan to ensure that this is manageable for home and school and has clear and actionable recommendations for moving forward. I am awaiting a finalised version of this and as soon as I have this, I will forward it on."

So this does possibly sound as though she is only going to keep in the recommendations that the school can take forward.

If so, once I have received it, do you think I should argue that the original recommendations should be kept in? What should be my reasoning?

@SpaceInvader321 if the LA is ignoring you, complain to the ICO. If there is something specific you want, you could try asking SENDIST to direct them to release the information.

Following the hearing, there will be a wait for the Order. SENDIST aims to send this with 10 working days. However, some take longer. Occasionally a lot longer. If when you get the Order the LA is required to amend the EHCP, the LA will have time to that. If SENDIST orders the content is amended, the LA has 5 weeks. If SENDIST only orders the placement is amended, the LA has 2 weeks. The LA may need chasing to finalise. Once the EHCP is finalised, unless stated otherwise, transition would begin then.

@Cinnamoncupcake it means the top up funding the LA is going to provide the school with will be equivalent to 15hrs support. Don’t focus on the funding, focus on the provision detailed, specified and quantified in F. Then it can be enforced.

@BrightYellowTrain please could you help me understand this? The statement says
As of September 2025: Funding to support the provision detailed in section F is
provided through the delegated budget. In addition, top-up funding to the equivalent
of 15 hours has been agreed to total 30 hours equivalent support per week.
would this mean the school needs to provide the other 15 hours funding and that she needs the extra support for the full 30 hours? Draft arrived today so I’m just looking through it now

Can I just check what the timeline looks like if we win at tribunal and the LA is ordered to name the wholly independent school that is our preference? Would DC take their places straightaway in May, or would we need to wait for the LA to do something? Could placement be postponed until September? Both DC have already been out of school for several months. Thanks.

Also, I made SARs back in January ... the LA missed the deadline and has ignored my chaser emails... They are just so blatantly criminal.

@Cinnamoncupcake you can still state a special school if that is your preference. The draft must not state a placement or type of placement. You should be given a chance to make representations before placements are consulted.

Hi again, so since my my last post the Sen officer called me saying they have finished her draft ehcp, told me mainstream would be able to meet her needs and asked if she will still be attending the same preschool and is my local primary school my preferred primary school. And that me, preschool and primary school will all receive the draft copy at the same time by Friday. I thought I would have 15 days before the school would have 15 days 😵‍💫 I wonder if they are trying to cut corners so it doesn’t go so far over the 20 weeks

So what is in section I now? Does it name a mainstream? Or just a type? Or is it blank? Have you considered independent assessments for your appeal? If your preference is the LA SS, focus on ensuring your case for that is watertight.

Other independent schools are wholly independent.

Some other independent special schools are wholly independent and some are section 41 independent schools.

@BrightYellowTrain I named the LA special and we are going to tribunal in September.... I can not see us wining.

What is an 'other independent school'??? Is that wholly independent..... I've honestly read so many ofsted etc...

@Onegentlepeer for wholly independent schools to be named you need an offer of a place. You also need to prove the LA’s proposed school(s) can’t meet DD’s needs (if they propose one) &/or it isn’t unreasonable public expenditure.

For section 41 independents, you don’t need an offer of a place. They can be named even if they object. If your preference is a s41 independent, the LA must name the school unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) 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.

I wanted the local authority special but they say dd is too academically able so no dd can't go..... All the others responded with no.... Can't meet need or no peer group etc.. Won't even let me look round....

But what do you think? Unless they are wholly independent, they can be named even if they object.

@BrightYellowTrain actually says other independent section 41 independent... I didn't know there was a difference... I wanted the local authority special but they say dd is too academically able so no dd can't go..... All the others responded with no.... Can't meet need or no peer group etc.. Won't even let me look round.... It's been no from everyone... Dd is Y5 but working at y3 due to her mainstream school just giving up on her. Dd has asc, speech and communication difficulties, demand avoidance, dyspraxia, sensory processing disorder.... But she a little angel and if she was given a chance she would catch up and thrive. She did amazing those 2 full taster days but obviously not good enough. She so disappointed she can't attend...

@BrightYellowTrain wholly independent

@Leftoverssandwich you are welcome; there's no need to say thank you. Personally, I wouldn’t bother with mediation.

@Onegentlepeer in order to help you further, can you answer if the school is wholly independent or a section 41 independent? And if there are other non-wholly independent schools you think can meet needs even if they say they can’t/haven’t responded?

@BrightYellowTrain

The LA did a private tender. Only this one school responded to the tender.
They said they could meet dd needs and they wanted her. ( they said that on 2 separate occasions ) now dd has done 2 full exhausting taster days and they have said no... They can't offer her a place.
What happens now? Nobody wants her even though funding from the LA is available.
What do I do??? It's been the longest most stressful 6 years and we have been told no.
I'm running out off all hope.
Thank you for leaving a reply... Any help/ advise is massively appreciated.

@BrightYellowTrain I just wanted to come back and say a proper thank you for your advice the other day. I was quite fraught and I don't think really reflected how helpful your very thorough posts were. We've put in our appeal on sections B, F and I and I'm going to opt for mediation first.

I've also put in a SAR to flush out what I think is the truth, which is that the panel named the setting before they'd received its consultation response, and obviously without having even consulted half the other settings. My hope is that the process was so objectively maladministered that we can agree with them it needs revisiting quickly - no guarantee they'll agree or name the setting we want either of course!

@Cinnamoncupcake by all means let the SENCO go through the EHCP with you, but don’t rely on them to inform you of all the amendments that are required.

@Namechangeagain80 I wouldn’t send the draft. ‘Quality control’ may happen, unfortunately. It happens with LA reports too. However, the school only has a duty to make their best endeavours to meet DD’s SEN and make reasonable adjustments. The school doesn’t have to provide all the recommendations. Hence requesting an EHCNA. So, if it happens, discussing it with the student and SENCO may be more likely to resolve the situation than it does going back and forth with the LA when it happens with them.

@BrightYellowTrain Thanks so much. Is it worth sending in the draft report in the meantime?

I've asked the student whether she has any additional recommendations on building confidence in the classroom and catching up on wider academic progress (the two challenges not met with recommendations). Though call me cynical.... Not saying that this will happen because I do think the SENCO is genuine and dedicated, but I have some concern that because the student has to send the report to the SENCO for approval (the SENCO has been acting as her 'line manager' whilst on placement), the SENCO will amend or remove any of the recommendations that they can't meet...

(Was partly why I asked for a copy of the draft - the student went over it on the phone with me and asked if I was happy with it; I otherwise wouldn't have seen it properly until it was finalised).