EHCP support thread no. 6

@KeepItSpinning Ooh okay, thank you. It was just so utterly useless and incomplete that it won't just require amendments, it will literally require rewriting. I actually don't think there's anything in there worth keeping. Should I still do that now even though I've said I will comment on a rewrite?

Should I go back and say on second thoughts, I will rewrite it myself?

No, you don’t need to go back to the caseworker for a rewrite first. You propose amendments and reference the evidence now.

Hi all, so we have received (after I had to chase as they missed the statutory deadline) the draft EHCP for DD and it's absolutely shocking - 100% worse than I had imagined.

Whether deliberately (I fear) or not, the caseworker has based it solely on the LA EP's report (more than a year old) - that was initially used as evidence to refuse to issue!

I'm hoping that the caseworker has just not been sent the private EP and OT assessment reports that they conceded my appeal on...

The draft is significantly outdated and inaccurate. For example, "no additional needs" under C&L. The private EP diagnosed DD with dyslexia and dysgraphia and assessed her writing to be two years behind despite a high cognitive ability.

So I have gone back to the caseworker asking for a rewrite based on the reports which I attached, before I am able to properly comment. Does that sound an okay approach?

Great news @Lelivre.

Draining is definitely the right word @Lelivre! Hang in there.

I had some support here earlier this year, which was very helpful. Thank you. We received a favourable decision this week to issue an EHCP and are now awaiting the draft.
It has been a draining experience, and I’m relieved that I don’t have to appeal. We were initially turned down for an assessment, so I’ve had a taste of that process it is all so exhausting.
Thank you for all the help so far, and keep going, everyone.

@SpaceInvader321 I have realised I gave you the reasoning behind the LGO not being suitable to resolve disputes over the content of an EHCP by mentioning the Local Government Act, but I didn’t do the same for JR.

JR is a remedy of last resort. LW, R (On the Application Of) v London Borough of Islington [2025] EWHC 703 (Admin) confirmed the FTT is a suitable alternative remedy in all cases except very exceptional ones. I’m not just talking about cases where DC aren’t receiving the provision required. The bar for exceptionality is very high. This case was about placement as well as the content of other sections, but the same principle applies when it doesn’t involve a dispute over the placement.

“While Mr Friel submitted that there was some variation between what these reports recommended and what had been included in the August EHC Plan, that is not an issue which is appropriate for judicial review in circumstances where there is a live appeal in the FTT in relation to the contents of the EHC Plan and where the FTT is the specialist tribunal in relation to these matters. As I have set out above, the scope for judicial review in those circumstances is extremely limited…”

“When I pressed Mr Friel to identify what it was about the Claimant's case which made it exceptional such that the Administrative Court should intervene despite the availability of a statutory appeal to the specialist tribunal, the only factors he was able to identify were the delay which would occur before the final hearing in the FTT, which is due to take place in December this year, and the extreme circumstances of LW, including her mental health and the fact that she has been suicidal. While I recognise that delay and the predicament LW faces in finding a suitable specialist school placement are matters which must be causing real distress to her and her family, I cannot see how these factors are different from the position of many children and young people who have appeals pending before the FTT. In my judgment, those factors do not justify this court exercising its powers in circumstances where an alternative and specialist remedy exists.”

See this SOSSEN page - “JR is not suitable for challenging content in the EHCP”. It is also covered in the Noddy guide if you want to read more.

Even if you had funding, it is highly unlikely you would be able to arrange home invigilation as a private candidate for the November 26 series now. Not all centres who accept private candidates can facilitate home invigilation, and when they do, they have a limited capacity for it and are usually booked up well in advance. For example, some centres are already booked up for home invigilation for the summer 27 series.

I meant iGCSE. The EP recommended home invigilation but if there's no funding, I don't know if we can do that.

I'll be writing to the LA today. Thanks.

DS1 can’t sit GCSE maths this autumn. The Nov GCSE series is only for post 16 pupils.

He could sit IGCSE. Centres will have their entry deadlines approaching. Although depending on what exam access arrangements you may not find a centre with space. Some exam access arrangements need sorting well in advance.

I would ask the LA how they intend to provide a suitable full-time education.

All they've put is "Provision of up to 20 hours of educational provision and 10 hours of mentoring support to be delivered." It doesn't even specify per week. Nothing about the type of provision (EP was very clear about online resources, printed learning materials, DC needing a high level of flexibility to work with different providers, etc). So, no, I think it's written so vaguely that there's nothing indicating a laptop is needed because there's no clear provision defined. There's nothing about exams, access arrangements, etc. DS wants to do his Maths GCSE in November.

The caseowrker said they "considered" the EP report but didn't choose to include it's recommenations "at this time". But neither did they present any alternative professional evidence.

They acknowledged our PB request but haven't said when we can expect a decision. So how do we know what, if anything, they plan to fund? How do we get anything in place for DS? This is so ridiculous.

The route to sorting the EHCP is via an appeal to SENDIST. JR isn’t the route to resolve the content of the EHCP. The LGO won’t deal with that either citing section 26(6) of the Local Government Act 1974. I know that is incredibly frustrating.

Is a laptop required in order to satisfy anything that is in F? If so, even if the laptop isn’t specifically mentioned in F, it must be provided in order for the LA to fulfil their s42 duty to provide the provision in F that a laptop is needed for.

Unfortunately, reimbursement is difficult and many don’t receive it. You could go through the LA’s complaint process. This may result in a settlement. If it doesn’t, I’m afraid the LGO won’t investigate as per my first paragraph and even if that wasn’t the case, reimbursement of all costs isn’t guaranteed.

Section 19 of the Education Act 1996 still applies even if there is an EHCP, with or without section I blank, regardless of what SEP is or isn’t in F.

The LA has finally issued DC's EOTAS EHCP and completely ignored the detailed EP report and all recommendations. They put 1 hour of EOTAS Co-ordination per half-term and 20 hrs of educational provision but without anything detailed, specified and quatified - only "Within the mentoring and teaching hours as specified ". No mention of online learning resources/provision, no mention of a laptop, no mention of exams as DS is going into Y11, none of the therapeutic suport the EP recommended. It's such a joke and I can only hope everyone who works in the LA has their own very needy SEN child one day.

They said no PB had been requested, but then said in an email that our request was still with the panel.

They also said: "While the EP report was fully considered, the Local Authority has decided not to incorporate its recommendations into the EHCP at this stage."

They also ignored the EP's advice to conduct OT and SALT assessments as part of the AR.

I'm pretty sure this won't stand up at appeal, though the wait is long and they're banking on parents giving up. So annoying but so predictable.

I've already requested a mediation certificate.

Can I also threaten judicial review? And go through the formal complaint process and Omsbudsman? I'm willing to throw everything at them, I'm so bloody sick of this.

I recently had a conversation with my MP about the SEN situation and am going to raise this with him as Labour have got to get over the idea that handing LAs more power is going to solve anything.

Meanwhile, my request from last term for s19 for DS still has not been replied to. Is it possible to request s19 alongside an undefined, unlawful and unenforceable EOTAS EHCP? As far as I can tell, the LA is trying to get away with not funding the EHCP.

How do I make sure (as far as I can) that I get reimbursed for any educational expenses we self-fund bc the LA isn't doing their job?

Another helpful thing to consider is whether you need any of it in-person or if all remote work would work for the package.

As long as you are happy for everything to be funded via DPs, including everything in your PB request to be paid via DPs is the right way to go.

EOTAS/EOTIS co-ordinators vary in their role. Before suggesting where to find one, it would be helpful to know what type of EOTAS co-ordinator do you need, what their role will cover and if the role is limited to specific training/qualifications/job title. For example, some have a role that is more of an admin role, some have the person running training sessions and undertaking risk assessments, some have person doing the business side of things e.g. recruitment and on-boarding, some have it specified that it must be a teacher with QTS and experience of running EOTAS packages, some have an EP undertaking the role…

@KeepItSpinning Thanks. The LA did put the EOTAS cor-ordinator in their draft amendments (but hours/week was not clear) and I've added the details from the EP report.

I was planning to put every provision that has a cost in the EHCP into a PB request, paid by DP. Does that make sense?

And do you know any good resources for finding an EOTAS co-ordinator?

There are two potential pitfalls.

The first being the LA may not agree to include it in F, even if the EP has included in their report. That isn’t uncommon. Many have to appeal for co-ordinator hours.

The second being whether a PB and specifically DPs, which is what I think you mean, is agreed. It is a possibility the LA will refuse. LAs sometimes try to fulfil this role internally. It depends on the wording in F. If it is worded correctly, the LA would not be able to undertake it.

Two hours pw is not a lot even for a small package.

Putting together our PB request to submit with our changes to draft amended EHCP for EOTAS. The EP recommended an EOTAS Co-ordinator for 2-4 hours per week, depending on what stage of the plan DS is at (It's a staged return to learning after prolonged EBSNA). Should I be worried that the LA will refuse to pay for this in the PB and say they'll do it instead internally? That would be a complete disaster. Any advice appreciated.

An OT assessment should have been part of the NA and B&F should cover those needs and provison required rather than leave it to a vague maybe assessment at some point in the future. However, I would not be asking the LA to delay finalising, especially when they are already in breach and there is a not insignificant change you will have to appeal the placement. Appeals being registered now are coming back with 2028 dates. If DD isn’t in school full time, you can request an expedited hearing, but that isn’t guaranteed and will still be a long wait.

It isn’t likely that the LA will agree to an OT assessment as part of the EHCNA at this stage, anyway.

Would be beneficial doesn’t mean what you think it does. It is vague wording. 1 million pound would be beneficial to me. It doesn’t mean I need it and it doesn’t mean I must receive it.

Ooohhh literally just received 3 in 1 ADHD assessment appointment for a month's time aswell. QB test, community paediatrics and ADHD nurse specialist in the same appointment.

My caseworker isnt massively responsive to be fair. But I think as long as I have a paper trail, this has felt like such a hard fight to even get to this point.
I cant watch my daughter crumble again in the wrong setting for her though. I researched and researched but so glad I have now found this thread (wish I found you guys sooner) as you guys are more informed than me.
I do really appreciate all replies and hope i can help someone in the future like you guys do now.

Fingers crossed. SENDIST put something similar in their decisiom letter after our refuse to assess tribunal.

I would like to request that an Occupational Therapy assessment is completed for before her EHCP is finalised.
Whilst I appreciate that Section F is informed by the advice received from the professionals involved in the assessment process, I feel the current wording in relation to Occupational Therapy is insufficient.
The professionals who have assessed have identified a potential need for Occupational Therapy involvement, with this being highlighted as far back as the Educational Psychologist's report in March 2025. Given significant sensory processing difficulties and the impact these have on her ability to consistently access education, I believe an Occupational Therapy assessment is necessary to fully identify her needs and the provision required to meet them.
I do not feel it would be appropriate to issue a final EHCP without this assessment, as it may result in her sensory needs and the provision required to support them not being fully identified.
I would therefore ask that the Local Authority considers arranging an Occupational Therapy assessment before the EHCP is finalised.

I just sent this so lets see what happens

I had mediation 25th March this year where they agreed to assess, they have had CAT team, EP and social care through the needs assessment. I paid for private Autism diagnosis as I do believe alot of her struggles such as SEMH, anxiety and sensory are all symptoms of autism if that makes sense. She was diagnosed and it was a upto disciplinary, NICE guidelines assessment. Kicking myself now I didnt request OT as I think her sensory issues are massive like noise, crowds, clothes and food are an absolute nightmare.
So I am going to go back through all reports and copy out all the sensory things from them..... and email case worker factually with all of those along with every line the report mentions OT referral, and see if I get anywhere now.
Did receive draft EHCP 2nd July.

Hi @rainbow9713 I used a template letter on the IPSEA website to request OT specifically. The LA didn't respond but it did eventually get done.

We didn't have paediatrician involvement during the EHCNA but then did during the first annual review, but not during the second. I honestly don't know what goes on behind the scenes. They certainly don't bother explaining any of it to parents!