EHCP support thread no. 6

Thank you for letting me know, that's interesting. I really hope that doesn't apply to my case though! :( although with the way the entire situation has played out, it wouldn't surprise me.

The LA sent the consent form to the Tribunal (without the send46? Form on the day of response) without ever responding to the appeal. Does this change things at all? I guess technically they've conceded? - without ever actually saying they have.

I'm currently asking the school when they were consulted with..

The LA shouldn’t.

Be aware even though you and the LA have agreed, it isn’t 100% guaranteed that SENDIST will agree to sign off on a consent order. In the vast majority of cases, they do, but it isn’t guaranteed.

When was the last time consultation sent? It may have been a while ago. Before you reached agreement.

Update regarding our situation:

I have signed a consent form with the LA for B, F & I. It was sent over to the tribunal - currently awaiting for a response.

However, alarmingly I've received an email from another school informing me about a consultation with them.

Is this allowed?! I am beginning to panic. If the agreement is signed by both myself and LA and is currently with the tribunal - can they then go back on their word and make changes?

Thank you for your advice 🙏

If you had the OT’s reports as evidence, SENDIST will consider them, so even if they weren’t detailed, specified and quantified, they will be considered and helpful.

The OT provided a couple of reports but as it was an NHS OT, they were clinical, although she did provide some information to share with school. So there was evidence that she needs OT provision, but not written in a specified / detailed / quantified way for an EHCP. As the report was only sent two weeks ago, I didn't ask about her being a witness as I assumed the LA wouldn't argue the content of an NHS OT.

We will continue as we are currently doing, but school will struggle if they don't tighten up the provision as they don't really know what to do with her. I guess the Sendco will probably point that out at the annual review.

If DD has an OT, did you not have evidence from them? And potentially have them as a witness?

With DD2, I found DSA to be much more supportive and less adversarial than the EHCP process.

@KeepItSpinning yes, which is why I didn't bother to ask SENDIST to direct. The LA said if we had a NHS referral then they would reconsider, but ultimately I think she is just so "uncommon in presentation" that it was a lottery if anyone would be able to really get it. Her OT did eventually, but she said that it would be hard for anyone to understand the depth of the issues from reports and that she had to "see it to believe it". She is yr12 now, so we are working hard to get her through the next year best we can and looking ahead to dsa etc and picking the right university to support her. Which is a whole new ball game, having been there before!

Well done @handmademitlove.

the main issues was not in the working document, but in the fact that they hadn't done an OT assessment

Unfortunately, a BF hearing looks at the outstanding disputed content rather than the inadequacy of the NA. Although the subsequent Orders sometimes mention the LA’s failure during the NA. This is why many look at independent assessments (either funded themselves, charity funded, or via the legal help system) or ask SENDIST to direct the LA to seek advice and information earlier in the process (which SENDIST may or may not agree to do, and the advice and information may or may not be good).

Tribunal done. A frustrating process, as they dived straight into "lets go through all the outstanding issues" without giving me a chance to say the main issues was not in the working document, but in the fact that they hadn't done an OT assessment. At one point the LA did suggest that if I really wanted specified and detailed provision, I could get my own assessment done and they would think about it.... but the gist of the LA response seemed to be "an OT assessment isn't necessary" but also "the identified needs are too complicated and we don't know what provision to make so we haven't made any"....

I am not really holding out much hope, as I didn't get a chance to specifically ask them to assess properly, but I guess we are no worse off.

Now the wait begins.

You can get an EHCP even if the school isn’t supportive.

@christmasoverwhelm are you filling in an LA form? You don't have to.

Template letter 1: asking for an EHC needs assessment https://share.google/lsOigBE6lQ1pPYYp4

Thanks so much. Yes that all seems to be covered in the docs they sent. I have enough clinical evidence for sure, and am filling everything else out in detail. Aiming to get my child to write/ draw their input, if they agree!

My main concern for rejection is the fact the SENCO has not engaged with me, not replied to emails, not acknowledged receipt of clinical reports and hasn’t made an IEP for my child.

If this is an EHCNA request, you can use IPSEA’s model letter. SOSSEN have one too if you would prefer. You don’t need to use the LA’s forms if you don’t want to.

When sharing your/DS’s views, wishes and aspirations think about things like DS’s likes/dislikes, what makes DS happy, strengths/needs, what support is already in place, what has previously been tried, what worked/didn’t work, what is needed but unable to be delivered, what is important to DS/you and what is important for DS now and in the future, how DS communicates/how others communicate with him, aspirations, what you think DS needs, and any other important history or circumstances.

Ok thank you, very helpful. Yes this is requesting an ECHNA. They’ve sent me 5 different things to fill in and send back. I’ve erred on the side of caution and given a lot of detail.

@christmasoverwhelm do you mean as part of giving your views before the LA agree to undertake an EHCNA? If so, the bar is low. You only have to show DC a) has or may have SEN, and b) may need special educational provision to be made via an EHCP. You don’t have to prove that DC definitely needs an EHCP. So, yes, mention everything you have posted and reference your evidence. It is also possible to show DC needs assessment so that needs and the provision required are understood. And just so you know, you don’t have to use the LA’s form.

Do you mean giving your views during the EHCNA? If so, you need to show it is necessary for an EHCP to be made and maintained. There are different ways you can do that. Look at if DC’s needs can be met through provision from the resources normally available to a mainstream school (looking wider than just at your current school) and will they actually be met. So, yes, mention what you have posted and reference your evidence.

Thank you for this. I think the school is failing him as he doesn’t even have an IEP. Despite them having clinic reports from OT and a pediatrician, both outline clear needs and recommendations.

I don’t know if I can argue that they don’t have the means to meet his needs based on their failure to try? The SENCO doesn’t reply to my emails and it’s left to the class teacher to do her best.

I would bullet point all those and then write a few sentences about each one explaining your evidence.

IPSEA has good resources on their website.

There is a presumption that "ordinarily available provision" is consistent everywhere but all of us involved in this know that's not true and it varies wildly!

So I feel you are entitled to work from the assumption that whatever your school does is OAP and then explain all the ways it's falling down.

Please can I jump on the thread for some advice with ECHNA. I’m sure this info is already on one of the threads somewhere, apologies.

Where it says, what are your reasons for believing needs cannot be met within resources ordinarily available etc. I have some evidence of EBSA, high levels of distress at home, avoidant behaviour in learning setting, repetitive play and refusual to move on, exacerbation of issues with eating, toileting, dressing, leaving the house, needing 1-1 help to get started on tasks, reduced attention with prolonged sitting.

do you reckon this is enough?

@AnonMam I agree with @Phineyj, request an EHCNA. Appeal if refused. Unfortunately, some schools incorrectly tell parents their DC doesn’t need or won’t get an EHCP. From your post, DD needs an EHCP. This is going to be even more the case as she moves through secondary.

With EHCPs, there are limited reasons the LA can rely on to refuse to name your preferred placement.

@Curlycookie5 chase the LA. Email the Director of Children’s Services. If that doesn’t work, you need a pre-action letter.

Thank you that’s really helpful, it’s now gone over 12 weeks from my review meeting and the only contact I’ve had from them was at 7 weeks saying they are waiting for the paperwork to be processed due to current capacity issues and that was only because I contacted them to say her mainstream school won’t meet her needs and she needs a specialist setting.

Yes, I have been in that position.

Applied October year 5. Got the EHCP June of year 6. DD already had the school place. It was changed to an EHCP one quite easily. From the school's point of view it's the same child - but now they come with some money!

If you apply for an EHCP now it's pretty unlikely (although not impossible) that it would come through before October when you have to apply for secondary.

I'd go for it if I were you. The IPSEA website has the info you need.

Hi, I would really appreciate some advice as I’m stuck on this.

My daughter is in Y5, autistic, academically able, and currently in mainstream without an EHCP. Primary didn’t think she’d meet criteria, but the SENDCo at her allocated secondary has suggested applying to support transition.

She already has a place there (catchment + sibling attends) and it’s our best local option. They’ve been positive and mentioned things like early entry and access to quieter spaces.

She:

• Appears to cope in familiar settings but then gets overwhelmed
• Has big, loud meltdowns that draw negative attention from peers
• Needs a quiet, safe space to decompress
• Needs support with social understanding and boundaries
• Struggles to ask for help, especially with unfamiliar adults

She engages well at primary, but outside of that she won’t speak to people she doesn’t know well (even extended family). In play therapy and SEN groups she didn’t engage or speak, and during assessment she wrote answers rather than speaking.

The school have said an EHCP would help them prioritise transition support, as those with EHCPs get priority.

I’m unsure whether to apply. I can see the benefit, but also worried whether it could backfire in any way, e.g. could they then say they can’t meet her needs and refuse her a place? Vs not applying and risking her struggling without enough support.

Has anyone been in a similar position?

The review meeting is only part of the AR process.

Within 4 weeks of the meeting, the LA must inform you if they are going to amend or not. If they aren’t going to amend, you get the right of appeal at this point. If they are going to amend, they must issue the amendment notice at the same time. Then they must finalise within a further 8 weeks, so 12 weeks max. At this point, you get the right of appeal.

Even if you agreed with MS at the review meeting, you can change your mind when you get the amendment notice that must be issued within 4 weeks of the review meeting if the LA is going to amend.

Does this still include if I agreed with mainstream at the time of the ehcp review taking place and after being submitted? She is in foundation at the moment, play based, small class, outdoor play area, sensory room for only her, only doing 2.5 hours a day, so I didn’t really think of year 1 at the time of review. But year 1 none of that will be available and it won’t work. How long does it usually take from the review to having it finalised?

She told me that we need to wait for the ehcp review to finalise then she will start the process of trying to get specialist place.

Consultations should take place during the review process. When you get/got (you should have received it by now) the amendment notice, the LA must give you at least 15 days to make representations and state your preferred placement. If the LA finalise without naming your preference, you should appeal rather than rely on the LA then looking for a SS.

It sounds like they haven’t inputted the date correctly.