EHCP support thread no. 6

Hi @Runningshoes99 either of those possibilities seem quite likely. I agree that you are in a better position with an issued EHCP (you can make representations on what it includes, although they don't have to accept them). Do you think a private SALT report may be needed? How can she have SALT needs but not need therapy?!

@Sundayturnips I'd have your request written and ready to send to the LA the night before school opens (they'll probably have INSET on the Tuesday after the Bank Holiday). Referring your DD for OT is excellent evidence in my opinion. You're right to focus on secondary. Two years isn't long considering the glacial pace of this stuff.

Hey everyone. We are mid way through our needs assessment for DD with processing delays, dyslexia, anxiety, possible autism (private EP thought possible but I’m 50/50), and probable ADHD. The LA’s EP assessment, while recognising DD’s needs, has listed a load of hopeless provision like TA-led interventions, which I know will be inadequate to support her. The LA’s OT assessment has come back saying she requires only a two hour session and the speech and language report says she has needs but that speech and language therapy won’t help her. I’m worried all this will be the basis for the LA to refuse to issue at all on the basis that all the provision listed by the EP can be done out of the school’s existing resources. My questions are 1.- do you think this is likely at this stage? Or do you think that they are more likely to issue a weak EHCP which lists only the provisions the EP has listed? To be honest I feel like the latter would at least be a start, would mean we get to access the phase transfer process while we challenge the provision set out in the EHCP. I’m dreading the idea that they could refuse to issue at all. Also question 2.- If they do refuse to issue, how long are appeals generally taking at the moment? Thanks so much for all the help - appreciate this thread so much!

The LA should not refuse to assess just because the OT hasn’t assessed yet.

Thank you so much for this.

I think my concern was that if I apply for EHCNA at the start of Sept, whether the LA could refuse on the basis that OT review is coming up and that her recommendations, if put in place, may mean that the situation improves and EHCP would not be needed. So then they could argue it's premature to apply, if that makes sense?

But yes, I don't want to leave it too late because I know I'll probably have a fight on my hands based on what I've heard from other experiences.

In terms of evidence, I suppose I can show that notwithstanding the support the school has put in for 2 academic years now, things continue to deteriorate. I first raised concerns about the risk of EBSA last March, albeit the issues with lateness have only really started in the last few months. She's not made progress, she's got worse. That's why I thought of the application in the first place - if this is the best school can do and things are escalating, then surely we need someone else to come in and help?

In the current climate, many find an EP assessment via the school or LA outwith the EHCP process is unlikely unless there are very significant overt difficulties, e.g. significant behavioural concerns, and even then often not. That isn’t a comment on the severity of DD’s needs, more a comment on who flies under the radar.

I wouldn’t do your first bullet point. Even if an EP assessment is agreed after the OT assessment, there will probably be a long wait. You don’t want to delay requesting an EHCNA. Certainly not delay that long. The waits for appeal are long; if you have to appeal, potentially more than once and you are concerned about secondary, you need all the time to get an EHCP, and a good EHCP at that.

Whether I would do the second or third bullet point depends on what evidence you already have. The threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need special educational provision to be made via an EHCP. It sounds like you could demonstrate that even without the OT assessment? An OT assessment isn’t required before you make a request, so the LA should not refuse just because that hasn’t happened yet.

Be aware, while it isn’t a green light to do as they wish, one of the lawful exceptions for replying to an EHCNA request within 6 weeks is when the LA has requested advice from the school during a period beginning one week before a date the school closes for 4+ weeks and ending one week before it re-opens and it isn't practicable for the LA to comply within 6 weeks.

Hello, I wondered if I could get some opinions on our situation from people - I've been reading the thread and just trying to understand as much of this process as possible.

DD is going into Y4. Autistic. At risk of EBSA - increasing resistance to going into school. Had a half day absence and a lot of lates this past term but reluctance to go into school has been ongoing since middle of Y2. Is on SEN support. Has had various interventions and adjustments at school (ear defenders, sensory room, quiet space for lunch break etc) but notwithstanding all of these, things have been getting worse. School are reluctant to refer to EP, I suspect she's not 'bad' enough to be a priority.

My plan had been to make an EHCNA application over the summer as I feel strongly that someone needs to actually get a proper understanding of her needs. I believe she has problems with processing and planning, for example, which school haven't picked up on and so aren't supporting. However, I found out last week that an OT from the LA is planning to go in and observe her early next term.

Do I:

• wait for the OT recommendations and push again for EP review, putting the EHCNA on the back burner for now.

• crack on with applying for EHCNA now? Will that be knocked back though if the OT is yet to report and her recommendations put in place?

• wait for the OT report and then apply?

I am worried about the present and things getting worse but I'm probably more worried that I'll need to apply for secondary in 2 years - if her presentation doesn't drastically improve/her ability or capacity to cope doesn't improve, she'll really struggle with a MS high school environment without a lot of support. She can't cope well at the moment when her primary school is busy/noisy.

Thanks so much in advance.

@Peggyblue it depends on needs and what evidence you already have and the quality of it.

Getting agreement to leave section I blank for EOTAS/EOTIS/C is only part of the picture. You also need evidence of what provision is required that will make up the package.

Similarly, getting agreement to name a school in section I but also have some provision delivered otherwise than in school is only part of the picture. You also need evidence of what provision is required, particularly the elements that will be delivered otherwise than in school/college.

Other than EP, the other professionals commonly used include OT, SALT, CP, physio and ISW. What to prioritise (because getting everything independently is expensive and beyond most) depends on DD’s needs, what you have/the quality of it.

@SpaceInvader321
Do I write it all in?

B must include all special educational needs. F must include all special educational provision. If the draft omits things, you should propose all the amendments required and reference the evidence.

Do all potential providers need to be named specifically in F?

No. Generally, providers should not be named in section F. Until earlier this year case law (DM v Cornwall CC [2022] UKUT 230 (AAC)) dictated that providers should never be named in F. Not least to protect the child. Instead, the SEP should be detailed in F. Sometimes the wording will mean only one provider can provide the provision. However, while case law earlier this year (LL and MM v Telford and Wrekin Council (SEN): [2026] UKUT 129 (AAC)) confirmed that it is widely accepted providers shouldn’t be named in F, it did say there are times where it is appropriate to name a provider in F (in that specific case it was a hub in a school). In the vast majority of cases, it is still the case that providers shouldn’t be named in F.

We said we wanted a PB and EOTAS Coordinator, so do we need to change this?

Requesting personal budget doesn’t mean it can’t be commissioned directly by the LA. PBs can be delivered in different ways. One of which is commissioned by the LA directly. Do you actually mean you would like direct payments, which is another way a PB can be delivered?

no details about the Co-ordinator's role.

It needs to. Presumably your evidence covers this, so this is part of the amendments you propose.

Do we cross that bridge at the next AR, which I guess will be a phase transfer for Y12?

I would propose an amendment, but expect it not to be agreed. While EOTAS/EOTIS is only for short-term cases and doesn’t have to be about reintegration, EHCPs are reviewed at least annually. The LA isn’t going to guarantee you will get EOTIS post 16. Even if they did, they may not stick to their word when they finalise the phase transfer EHCP next year.

Should I break it down into smaller sections and add the EP's recommendations?

Lumping mentoring and co-ordinator provision under one set of hours isn’t sufficient. As you have pointed out, you don’t know the split. It is also very likely the same person can’t provide them both. It may not be the same provider either.

Any advice for putting the PB application together?

It can help to make a table. Needs from B and what needs need to be included in B even if they aren’t there now (it can help to break it down into the different areas of needs), provision from F or what provision needs to be included in F even if it isn’t there now (and any provision that is not in F but is essential for the delivery of the provision in F), provider, cost (one-off/weekly/monthly/termly/yearly), outcome. If you are requesting a PB, you can also add a column for how each part of the PB will be paid (DPs, third party arrangements, commissioned directly).

laptop

Should be in F. Although even if it isn’t, depending on the wider wording of F, the LA may still need to provide one because they are responsible for provision in F and that includes providing provision that is required in order to provide the provision in F.

costs of exams (incl mocks, marking, transport, etc).

This isn’t as straightforward. Some people have exams in F, including sometimes via Tribunal. Even if not explicit in F, if obtaining GCSEs is in F, then the LA must fund them, although that might not include mocks. However, sometimes LAs say exams aren’t SEP even, e.g. home invigilation, and I know some FTT judgements have agreed with that provision. I don’t know anyone who has taken this further.

assessment for access arrangements

This can be in F, but sometimes it isn’t. See the point about exams above. The same applies.

EOTAS has now been agreed and the LA has sent the draft amended EHCP. A few questions:

1. The LA has not listed the latest EP report in K and has conveniently left out all of the EP recommendations, including for flexibility to change providers as needed, or work with multiple providers at once, and for therapeutic support. They've also omitted the recommendation that DS will need to do GCSEs over multiple years, as and when he feels able. Do I write it all in?

2. "The package will be delivered and coordinated by the provider" - I have no idea who they mean by "the provider" here (elsewhere it's called "the educational provider"). We submitted a proposal with providers DS feels he'll able to engage with, but the drafted wording is singular and vague. Do all potential providers need to be named specifically in F?

3. "For the academic year 2026-2027 DS will be educated through an EOTAS package commissioned by the local authority."* *We said we wanted a PB and EOTAS Coordinator, so do we need to change this? There is one reference to termly team meetings "led by the EOTAS Co-ordinator" but no details about the Co-ordinator's role.

As for limiting it to only one academic year, I guess we ignore that for now. But there is no way DS is goign to re-integrate into a physical setting next year. Do we cross that bridge at the next AR, which I guess will be a phase transfer for Y12?

4. They have lumped a bunch of provision into one section covering the "provider" and possible EOTAS Co-ordinator, plus mentoring support and learning resources/materials, and stated "6 hours a week". Is this 6 hours of EOTAS Co-ordination? 6 Hours of mentoring? The EP report was very clear about how much time was needed for the EOTAS Co-ordinator and for various kinds of mentoring. Should I break it down into smaller sections and add the EP's recommendations?

5. Any advice for putting the PB application together? I already have everything in a costings spreadsheet, but as DS might use multiple providers and change as needed, it's hard to get a precise sense of costs.

6. They have left out laptop, assessment for access arrangements, costs of exams (incl mocks, marking, transport, etc). All of this needs to be in F, right?

There's probably more to question but I'll leave it there for now! Thanks!

Thanks @KeepItSpinning , it does sound like we will need to commission a private EP report at some point. Not sure how else to get evidence that an EOTAS/EOTIS package will be needed.

In theory, you shouldn’t need s19 provision much longer. The EHCP should be finalised with sufficient provision. However, you need to be aware many have to appeal to secure provision otherwise than in school. If you do need s19 provision longer, DD doesn’t need to be accessing all the tuition now in order for more of other things, like the bits you are self funding, to be provided.

It shouldn’t just be tuition that is delivered otherwise than in school. That would be incredibly poor provision. Even if DD can’t access more tuition now, what about the other aspects of provision, both direct and indirect? DD needs therapeutic provision as well, direct and indirect provision. There should also be the non-academic side of provision - what does (or did if DD has dropped interests due to her health) DD enjoy doing e.g. art, cooking, gardening, gaming, music, sports… Physical activity should also be included - this applies even if DD can’t leave the house. Preparation for adulthood provision should be included. Resources, equipment, tech and assistive tech, professional time…

Don’t just focus on now. That is a mistake lots make. You need to also think about e.g. 10 months’ time. You don’t want DD to be ready for more in 10 months but not be able to capitalise on her interests because the provision isn’t there. It can still be flexible and responsive to DD’s needs.

While you can use evidence of non-attendance towards needing EOTAS/EOTIS/C, evidence of not being able to attend won’t, on its own, be sufficient to secure a proper package.

If the EHCP is finalised after September, you may find the LA tries to get away without holding a phase transfer review. They like to cut corners.

While the annual review (AR) process includes seeking updated advice and information prior to the AR meeting, it is highly unlikely the LA will commission a full EP assessment. Unless EP time for the AR is in F (this is part of the professional time I mention above), a lot of the time, they don’t seek any advice and information from an EP prior to the meeting.

Thanks so much @KeepItSpinning, that's very helpful.

For now I'm almost happy to be fobbed off with the s.19 provision we have. Her capacity varies so that sometimes she can do more but overall most weeks she's not managing to do all the tuition on offer. If we get to a point when she is routinely managing that then I will start kicking up a fuss and asking for more.

I think my focus needs to be on the EHCP. I think for this year we're clear that we would like some of the provision to be delivered in school (this is what she wants, although in reality I don't think she will be well enough to access it) and some provision (ideally the one to one tuition that she's getting now) delivered other than in school - this is what the LA's EP report seems to recommend too.

For her post-16 phase, so much depends on how far her health improves this year and on what she wants to do. Right now, I think a full EOTAS/EOTIS package would be best for her. I think the evidence for that will be (crystal ball gazing here) her inability to access any of what is offered in school in year 11, along with her ability to engage with her tutor and with online learning and (given that I don't think the LA will commission another Ed Pysch report) probably some kind of report that I commission from a professional experienced in providing such reports, either a private ed psychologist or an occupational therapist.

Obviously my crystal ball gazing may be completely wrong in terms of the specifics - but the key thing is that I need to gather evidence in year 11 (which actually I realise just means the first term of year 11 for it to be ready in time for the pre phase transfer annual review...) which will consist of info re what she can engage in (from me, school, tutor) and a professional report that I will commission.

And in the meantime I need to get an EHCP issued so that there is something to actually annually review.

Does that sound roughly right, would you say, please?

@Peggyblue section 19 provision shouldn’t just be focused on core subjects. DC are entitled to an education equivalent to that they would receive in MS as far as their health will allow. It shouldn’t rely on you to facilitate provision.

Chase the LA for the draft. Email the Director of Children’s Services reminding them they are in breach of the timescales. If that doesn’t work, you should look for someone with capacity to write you a pre-action letter.

I think you need to really think about what your preference is and what evidence you have. For a full proper EOTAS/EOTIS package, section I would be blank. There wouldn’t be a school or type of school named. While you can have some provision, the provision it would be inappropriate to be made in a school, delivered otherwise than in school and then other provision, which it wouldn’t be inappropriate to be made in a school, delivered in school, the school would be named and section I wouldn’t be blank like it would for a full EOTAS/EOTIS package.

If you go down the EOTAS/EOTIS route, there is far more to an EOTAS/EOTIS package than a bit of tuition. Don’t be fobbed off.

What evidence you need depends on DD’s needs and what evidence you already have. If the EHCP is only just being issued, you might not need anything. It depends on the quality of what you already have. Whether an independent EP assessment will help depends on what evidence you already have and the quality of it.

Thanks @KeepItSpinning. No, no draft, just a form email saying that they will issue.

For now she has a tutor (under section 19) covering core GCSEs and my plan is that if she's well enough to do more than that, I can support her to scrape passes in couple of other subjects myself. I'm already supplementing the tutor with some low cost online classes for home educators, which she dips in and out of when she is able. She has been too unwell to engage in any activities outside home but her best therapy has been a kitten we got her. She wants to stay at / affiliated with her current school for year 11 - eg she wants to go in for lunch one day next term and do her exams there, if she's well enough for exams at all) but definitely doesn't want to stay for post 26.

The ed psych report said that her "current EOTIS package should be formalized", so I'm expecting that the school where she is registered will be named in the EHCP and then the at-home tuition too. We already know this isn't what she will want post 16, but I'm really stuck as they what she will need and want.

My instinct is that, if year 11 goes well, an EOTIS package with one of the online schools might be best for her, as the idea that she'll be ready for eg mainstream sixth form (which is what she has in mind) seems very unrealistic. We also don't know if she will pass her GCSEs or even sit them - so much depends on her health in this next year - so her idea of doing a-levels may not be possible either.

We'll start contacting potential settings in September (think it's too late for this term now) and start to identify our preferred options for different scenarios (eg of moving to A levels vs doing GCSEs).

I'm stuck as to what sort of evidence I should be gathering for the pre phase transfer annual review though. Is it helpful eg to commission a report from a private ed psychologist?

@Peggyblue do you have the draft yet?

Do you have a preferred placement in mind for now or will you be pursuing EOTAS/EOTIS if it is inappropriate for provision to be made in a school?

In terms of post 16, start considering placements now and ensuring your evidence is strong for post 16.

Is alternative provision in place now?

My LA has agreed to issue, although the statutory deadline for issuing had already long passed at that point. DD is in year 10, and so close to a phase transfer (and definitely won't want to stay for sixth form at the mainstream school she's not been able to attend for the last year).

Is there anything I should be doing, other than chivvying the LA? I feel like the annual review is going to come round really fast, as I know the deadline is March 31.

The AR process is:

1. Updated advice and information must be circulated at least 2 weeks prior to the AR meeting.
2. Then you have the AR meeting.
3. Within 2 weeks of the AR meeting, a report must be circulated.
4. Within 4 weeks of the AR meeting, the LA must inform you if they propose to amend or not. If they are, they must send the amendment notice/draft/notice of amendment/proposed amendments (whatever the LA/you want to call it) at the same time and you must be given at least 15 days to comment and state your preferred placement. Section I must be blank here.
5. Then if the LA is going to amend, they must finalise within 8 weeks of sending the proposed amendments, so max of 12 weeks from the AR meeting. This is when the placement is named in section I (in most cases, there are some cases where a placement/type of placement isn’t named in I - you don’t need to worry about that). They may or may not have agreed your proposed amendments and may or may not have named your preferred placement.

As the draft amendments have to be sent with the decision notice

Thanks @KeepItSpinning - would you expect them to at least consult with the proposed school to inform their decision to amend?

@CatBusStop you are right that the school holidays don’t change the AR timescales. However, the 4 weeks is for the LA to inform you if they propose to amend or not (and if they are going to amend to issue the amendment notice/notice of amendment/draft/whatever the LA/you want to call it at the same time). The 4 week deadline is not for them to finalise the placement. The LA has a further 8 weeks to finalise, so a max of 12 weeks from the AR meeting.

@Namechange857 yes, you wait for the draft now. I have never seen a draft that doesn’t need parents to propose amendments, so the likelihood you get a draft with everything that needs to be in there included and worded correctly. Yes, they could include some but not all. When LAs finalise, they sometimes agree to some or all of the amendments, but equally it isn’t unusual for them not to.

Hi there. We had our annual review on the 8th July and requested a change of placement, ideally for September. Am I right in thinking that even though it will be school holidays we should still have a response from the LA (and thus the proposed school) within 4 weeks?

Hi all, hope everyone is doing okay.

We (and the LA) received the approved Consent Order from SENDIST on 8 July, directing the LA to issue an EHCP (LA conceded our refusal to issue appeal).

Do I now wait for an EHCP caseworker from the LA to get in touch?

The reasons the LA conceded were comprehensive private EP and OT reports. The EP assessment done by the LA was very cursory and dismissive and so the majority (bar two I think) of her recommendations were what could be provided through ordinarily available provision. They also refused to seek advice from anyone else.

The private EP and OT report recommendations are very quantified and specific. How likely is it that this content will make it into the EHCP draft? Could they take some and not others? How successful are my chances at getting them to use them in their entirety (without going to appeal)?

Hi, just to say that it sounds as though we were in a similar position, both with regards to the LA EP assessment and timings. We had a refusal to issue in July last year (end of year 4) - it felt like the EP had her own agenda and conclusions right from the start; she was very dismissive of any cognitive concerns (my DD has since been diagnosed with dyslexia and dysgraphia and her writing assessed as two years below despite a high IQ), used very pointed questions to get the answers she wanted, "didn't see" the private OT report so could minimise DD's significant sensory processing challenges... I could go on.

Anyway, we appealed in September, had a tribunal date scheduled for Dec 2027(!)... DD had a private EP assessment in April, got the report in May, then the LA conceded on receipt of this a day before they had to submit the evidence bundle.

@AprilFlowersMay Hurrah!

Make sure you request the LA seeks advice and information from everyone required.

That's great news @AprilFlowersMay.