EHCP support thread no. 6

Hi, my daughter is currently in a mainstream school with a ehcp with 35 hours, due to start year 1 in September, we have done the ehcp review in January and I’m waiting for this to be finalised. It currently says issue plan date - testing? Does anyone know what this means? I have spoken to the ehcp caseworker and said she needs to be in a autism specialist school in September and stated a lot of reasons why my daughter won’t cope in year 1-6 at a mainstream school, she can bearly cope in reception class which is play based and half the amount of children. 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. Does the testing mean they are going straight on to checking if a specialist place is needed or is this still part of waiting for her ehcp review?

@KeepItSpinning thank you, that is really helpful. I am still expecting them to concede at the last minute - I sent the most recent version back with a few notes. Still waiting on a reply but perhaps as I have made it clear that until they do a proper assessment I will not agree, they have decided to see what the judge says... 🙄

@NameChangeForSENrelated Hurrah!

@handmademitlove the WD can continue to be worked on up to the hearing. (And sometimes parties are sent away during the hearing to work on the outstanding disputed content together.) LAs sometimes agree some of the outstanding disputed content or concede the whole appeal right up to the hearing and even during it. To give you two examples from appeals from my DC, at one of our content appeals for DS1, the LA’s barrister turned up late to the hearing and conceded, and the most recent appeal for DS2 saw agreement to large parts the afternoon before the hearing.

If you and the LA are still working on the WD and SENDIST doesn’t have the newest version, I would ensure they have the most up to date version by the day before at the latest. Don’t rely on the LA sending it. If you need to send an updated WD late in the day or even on the morning of the hearing, email the latest version marked urgent alongside the usual subject line. Then, when you register, raise it with the clerk to make sure the judge has the updated version.

@KeepItSpinning 2 weeks later and we have the document through with the school we wanted named. Done!

Afternoon all! Tribunal is next week- The LA contact was off last week and asked me to send my most recent working document to her with a view to agreeing before tribunal. We won't be agreeing.... Is it likely that they will send an updated version of the working document before tribunal? I am just going through my paperwork but it seems a bit pointless to go through all the outstanding areas if they are likely to send a new version on the day!
Also - do I need to send the latest version to tribunal or will LA do that?

Sorry for all the questions, hopefully this will all be resolved soon.

@LittlePickleHead It is all in the detail.

The LA can’t force you into an arrangement whereby DS attends school part-time and you make arrangements for the time DS isn’t in school. This is what LAs and school often mean when they use the term flexi-schooling.

The LA can finalise the EHCP with the content covering DS attending a school part-time and provision off-site part-time, with the LA being responsible for that provision. The LA does not need your permission or agreement to finalise. They don’t need the permission of a non-wholly independent school either.

Thanks @KeepItSpinning I've gone back with a (hopefully) robust response. It's so frustrating to have this fob off so late on in the process after we had essentially been told EOTAS was agreed in principle. I've said I am open to working with them to negotiate a package that we can both agree on. Bit nervous if they push flexi-schooling we'll end up at tribunal, but given neither us as parents nor the school are agreeing to this I don't see how they can do that?

@LittlePickleHead They are fobbing you off.

If DS is to not attend the school, the school should not be named in section I.

DS wanting to attend but not being able to doesn’t mean the test for EOTAS/EOTIS isn’t met.

EOTAS/EOTIS now doesn’t mean DS can’t return to a school setting at a later date. Remaining on the roll of the current school doesn’t give a better opportunity to return.

DC with EOTAS/EOTIS can sit exams.

While it is possible for AP to be made part-time or a school to be named in section I and the child attend part time with other provision, the provision it is inappropriate to be made in a school, made otherwise than in school part-time, I would be careful with the term flexi-schooling. LAs and schools usually associate the term flexi-schooling with parents making the provision for the time DC don’t attend school and it being at the discretion of the HT. You do not want to confuse matters.

Hello, I've been quiet for a while as the whole process towards getting EOTAS agreed has been slow. Anyway, we put in the proposal, all sounded positive (the hospital outreach received notification it was agreed in principle so we thought all good). I've just received this from our case worker - obviously I have lots of questions but am I right in being concerned this is a copout? DS managed a grand total of 1 in person lesson in a whole term so he's not going to be able to get into school at all, despite wanting to. Part of the issue is the disconnect between want he wants to do and what is right for him/he can cope with. Any advice on how to respond?

"Panel have asked me to discuss the option of flex schooling for XXX in light of the fact he wants to attend his current school but is unable to due to anxiety.

Panel feel that a flexi-school option may be best suited. Panel like to take this approach as it gives XXX a better opportunity to return to a school setting and he will receive all benefits from being under a school setting including being able to sit examinations. The flexi-schooling is bespoke and means XXX can attend school part time but he will also receive off site provision. This off-site provision can be online or in person.

Therefore, we will be looking at continuing to name (current school) for his placement, as well as looking into tuition for the remaining hours.

Happy to discuss further if required. Please let me have your thoughts."

This is @Needlenardlenoo. I got logged out and can't remember my password. Anyway, hope we're all doing all right.

It is a good idea to contact the school. Not necessarily to point out it is the same as the previous consult, but to ensure they have up to date and accurate information. It isn’t uncommon for LA consults to not give the full picture. You should do the same to any other school the LA has consulted or who you suspect they have consulted if they are being evasive.

You can also do the same for any that there is a possibility the LA may consult. It isn’t unheard of for LAs to put a different school on the table last minute. Your case needs to stand up to that possibility and it helps if you have prepared for that to minimise the risk of the hearing being adjourned.

Thank you, this has helped to settle my nerves.

They've converted the original ehcp into a WD and sent it over to the school. I'm not sure if I should highlight to the school that it's information they've seen before or if I should just wait until the la come back with what the response is?

@Thistleberry you don’t have to apologise! Easier said than done, but ignore the LA’s game playing. You are in appeal; ultimately they aren’t the ones making the decision. The content of the EHCP is based on evidence. If the amendments you are proposing are from a report, then ignore the LA. It isn’t just you saying it, is it? Make your amendments to the WD. Reference your evidence. Use any relevant case law. Ignore the LA’s games.

@KeepItSpinning

Thank you and sorry for the delay in responding.

As I am appealing sections B and F, the LA are now not conceding on the placement. I am shocked.

They claim that the concession was on the basis of the current ehcp under appeal but I wish for sections b and f to be amended to the original ehcp wording that they finalised on following a phase-transfer review. (They then re-finalised to name an unsuitable school and took some info out and mismatched the outcomes) without ever sending me a draft - creating the appealed EHCP.

They've consulted with the school using both versions. They confirmed to both they can meet needs.

However, the la are stating that the wording from the original ehcp was from me and therefore they cannot concede on that. This was information the la copied and pasted over from the new report and finalised.

This wording was then again finalised in the ehcp under appeal, this would mean that the school would see this information now for the third time.

I am absolutely shocked and upset. I have no idea how to move forward with this. Ive challenged it but they never seem to listen to what I am saying.

Is there any advice with next steps please?

Thank you! I have sent an email "thank you very much for confirming that the funding has now been agreed to allow XXXX to start at YYYY school" couched in friendly terms about how grateful we are for all her support and the relief we feel knowing that it has been agreed - I don't want to come across as too formal but yes it seems very sensible to have some kind of written evidence even if it is only generated by me...

@NameChangeForSENrelated if you had that conversation verbally, follow up with an email to create a paper trail. Unfortunately, until the EHCP is finalised, it isn’t guaranteed.

I just wanted to update @KeepItSpinning that we have heard back today that funding has been agreed. Still don't have anything in writing but the LA Officer says she is going to issue the documents ASAP after the Easter break. Phew. (I hope)

@SpaceInvader321 have you spoken to Dan about finding the right mentor?

I wouldn’t expect DS to be able to choose from my list. Far too overwhelming.

It may be that he needs the flexibility to decide day-to-day, hour-to-hour what to do. It is possible to have that and still have a good EHCP.

If you are pursuing EOTIS, you will at some point need updated evidence. It may be that a whole new report is required given the chance of circumstances or it may be that an addendum will suffice if the EP is willing to do that. The content of the EHCP is based on evidence. Your proposals would need to be based on evidence, but yes should be what DS may be able to do in, say, 10 months rather than what he can only definitely do now.

It is possible the LA will refuse EOTIS but name another placement/type of placement. They couldn’t just leave you with nothing, though.

My worry with staying on the school’s roll would be the school giving notice. If that happened, you would have less time and more pressure when going through the process of amending the EHCP, and you would potentially have to wait for an appeal hearing still. Starting the ball rolling already means you get in the appeal queue. If DS isn’t to attend the school, legally, it should be named.

@Needlenardlenoo Alas, this child is completely unbribe-able.

@Needlenardlenoo To what extent do you share your ideas and plans with DS?

We talk about options a lot and what he feels able to do. He usually says he "might" be able to do studies / exams "someday" but he doesn't know when, just not now. He says he likes the idea of school, but the actuality of going is too draining. He's ASD w PDA profile (although he denies the PDA), ADHD, body/gender dysphoric and has high anxiety, esp social anxiety. The gender identity issues take a massive amount of headspace and energy.

@KeepItSpinning Thanks for all the provision suggestions. We originally asked for an early AR in Dec and the earliest the school could arrange was end of Feb. But DS started attending pretty well in Jan and Feb, so we agreed to postpone it, hoping that things were going to keep improving. When he started struggling to attend again, I asked if anything earlier than June was available and they said no. I checked IPSEA and there doesn't seem to be deadline by which the LA has to respond to an early AR request. At this point, I doubt they'd bring it forward that signficantly.

You're right that DS has MindJam in his EHCP. Unfortunately, he hasn't used it. He tried a couple of different mentors and didn't feel it was working. It was only funded through the spring term, so the LA wouldn't cover it now even if he wanted to start. (We would self-fund if he wanted it.)

Re evidence, do you think we need to go back to our independent EP and ask her to do an updated assessment, if she has availability? Because DS hasn't been able to access any interventions or support, we don't have any new evidence -- other than attendance reports showing DS is not going. No one has ever discussed PfA with us.

The provision list is so helpful. But I know if I show it to DS and ask him to choose what he thinks he can do now, he'll probably say nothing. Academically, he was always a top student but anything remotely social, whether in person or live online, academic or therapeutic or fun, gets a firm no. There's an online youth support group I've been encouraging him to join (he could keep his mic and video off and just listen, and I've offered to sit with him if it helps) and even that gets a no.

He'll sometimes watch pre-recorded maths videos online and do some worksheets, but not in any regular, structured way. He also watches art videos and his drawing skills have really developed a lot in the past year. He's said that he could probably study for his GCSEs on his own and do them now/next year but just knowing that he's got a place at the SS and isn't using it creates a real barrier in his head.

We can try to guess whether he might, in 6 months or a year, be able to do more. But we just don't know. Do I just make the EOTIS proposal with the best case scenario in mind? Ie, academic classes, therapies, activities, etc? Not sure how I'll evidence any of it.

If the LA were to refuse EOTIS, could they, at the same time, take the (fully independent) SS away and leave us with nothing? There is no other appropriate setting nearby. If DS can't cope at our current school, which really understands neurodivergence and trauma, there's really no physical school where he will be able to cope. DH has suggested that maybe DS should stay at the school and we try to get them to enrol him in an online provision that they've used with some other kids, but I'm not sure the school would want that to be a permanent arrangement.

@SpaceInvader321 I would request an early review now rather than waiting for the AR. Many have to appeal for EOTAS/EOTIS, especially for a proper package. You don’t want to delay.

For EOTIS/EOTAS, evidence is vital. You need evidence it is inappropriate for provision to be made in a school.

Preparation is the key to ARs, especially if you will be pursuing EOTAS/EOTIS. Make sure all the required advice and information is circulated before the AR meeting, and that it is accurate. Reports should cover needs, recommendations for ongoing provision (including the strategies and approaches that work and what doesn’t work so that it’s clear what kind of provisions continue to be required), and outcomes. As well as including progress, they should link progress to the nature of the provision. Good advice and information prior to the AR will help you demonstrate EOTAS/EOTIS is required. Then, once you have the updated advice and information, go through the current EHCP. Know what amendments need proposing and reference evidence to support the amendments. Don’t forget to look at PfA.

It can help to make a table with needs, provision, provider/hours/cost, outcome.

It is worth delving into what DS means by ‘no online lessons’. Does he mean no online provision at all? Or does he mean no academic online lessons but non-academic online provision is OK? And/or does he mean no live lessons but other online provision is OK?

EOTAS/EOTIS packages are completely bespoke. Packages are tailored to the individual child and the possibilities are endless. There is so much to a comprehensive EOTAS/EOTIS package. Don’t just look at what is required now. Too many only look at the immediate, then regret it later down the line. You need to consider what will be required, e.g. 10 months after finalising the EHCP. You don’t want to need something but not be able to get it straight away because an early review is needed and maybe an appeal.

For example:

• Academics - This does not have to be traditional tuition, traditional academics or formal provision. It can be completely self-led provision. GCSEs/IGCSE and/or other qualifications can be part of EOTAS/EOTIS packages, including home invigilation if necessary. They can be done later than Y11 too, if suitable/necessary. Don’t worry about that.
• Therapies - e.g. SALT, OT, SIOT, rebound therapy, hydrotherapy, music therapy, animal-assisted therapy, hippotherapy, drama therapy, physio, CBT… Even if DS can’t engage directly with therapists at the moment, SALT, OT and CP input is vital to an EOTIS package. It isn’t just about working towards direct provision. It is about all the indirect provision those professionals need to provide. Has DS tried therapeutic input that relies less on verbal communication?
• Music/cooking/drama/singing/art/coding/pottery/sewing… lessons. If DS meant no online academic lessons but other online provision would be OK to try, then these could be online. They don’t have to be live. For example, for art, Badibidu has some live sessions but also some pre-recorded content. You don’t have to be in Sheffield where they are based. If DS wants to work towards a qualification with pre-recorded content, Technology Triumphs has some art courses. There are providers, e.g. CreatED who offer online art GCSE if DS just meant no online academics.
• Mentoring - F2F, online or both. I think you said previously DS has engaged in MindJam? That could be part of a package.
• Alternative provision settings - there is a huge range of these from more academic ones to gaming ones, forest schools, care farms, outwards bounds, sports, art and so many more. Some run online as well as in person. If DS enjoys MindJam and didn’t mean no online provision at all, you could look at Player Ready, Enemy of Boredom, Tubers Academy, Game Changers. Overworld is based in Surrey, but they can sometimes offer online provision.
• Sport/exercise - e.g. climbing, swimming, surfing, skiing, football, dance, horse riding, personal trainer…
• Equipment - e.g. technology, software and assistive tech. Sensory equipment. Gym equipment, desk, chairs…
• Subscriptions/memberships - this can be anything from subscription boxes for books/Lego/sciences/technology/art/gardening/cooking/sweets to things like spectrum space boxes (these are bespoke to the individual and work well for DC who struggle to engage) and LCB Education boxes to magazine subscriptions, membership to the gym/trampolining/National Trust/Nintendo online…
• A budget for resources/sundries - DS could use these to buy, e.g. art resources.
• Budget for activities and accessing the community - even if DS can’t cope with this now, it should be included in the EHCP to work towards.
• Not forgetting professional time - e.g. staffing, for planning, report writing/updated advice and information, preparing for and attending MDTs and ARs, leading and co-ordinating the package, liaising with other professionals, EP time… This is an often overlooked part of the package but an essential part.
• Travel - for DS to attend activities and for professionals to travel.

Despite winning a place at a lovely SS last summer and really trying to make it work, my Y10 DS is not able to attend. He tried in Jan/Feb but is really not able to engage despite the school offering varoius support, online provision, etc.We've not asked for s19 AP because he won't be able to engage (does some self-led learning and lots of reading and art at home but does not want any tutors, online lessons, therapeutic interventions, etc). I think he's still in burnout and just needs more time.

So... we have AR scheduled for mid-June. My instinct is to spend the next two months trying to figure out what we want to propose as next steps. Probably EOTIS with very child-led provisions. He is very bright and academically capable when he's able to engage. He says he'd prefer no online lessons -- just work to do on his own, but he needs some structure. He would also benefit from some mental health support and OT, but again, can't engage and doesn't see the point in talking to people he doesn't know. (We've had some truly awful experiences with CAMHS and various services, which turned him off compeltely.) He doesn't get out much and only socialises with one friend from his old school.

It's so sad. The school we have has so much to offer but DS has now missed most of Y9 in MS and most of Y10 in this SS and I don't see a point of dragging our heals through Y11 and hoping for maybe a few GCSEs only to find he's not able to sit them and another year will be gone and the LA will try to withdraw the Plan. I'd rather we arrange for hm to independently do GCSEs or whatever (I don't see exams as the only path to success and fulfillment) at his own pace over the next few years (if that's what it takes). But I want to be prepared at the AR. Any suggestions for suitable provision or other steps we can take or planning we can do? Thanks.