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SEN

Here you'll find advice from parents and teachers on special needs education.

EHCP support thread no. 6

416 replies

Needlenardlenoo · 01/02/2026 11:37

This thread is to support everyone engaged in the EHCP process. The purpose is two fold: so that you don't feel alone if you're involved with it, and so you can easily find posters who are experienced with the various difficulties to help point you in the right direction, whether that be by giving general advice, telling you specifically what action should, or could, be taken in a particular situation, or countering common myths you will hear, such as:

"Your child is not X enough to get an EHCP"
"The school has to do/pay Y first"
"EHCPs are only for Z situation"
"The local authority do X/say Y/won't do Z" (the SEN Code 2014 applies to the whole of England: it doesn't vary by local authority). [Wales and Scotland have different regimes].

It is particularly important at the moment to understand clearly what your child's rights actually are in law (not what the school or LA or Sendias say they are), when the government are actively trying to remove EHCPs and are leaking stories regularly to the media, with the intention, I suspect, of deflecting attention from their own shortcomings onto parents who are already in a difficult situation. If in doubt, the charity IPSEA has neutral and factual information:
https://www.ipsea.org.uk/

Here are links to previous threads:

Original EHCP support thread - www.mumsnet.com/talk/special_educational_needs/4834986-ehcp-support-thread
EHCP support thread no. 2 - www.mumsnet.com/talk/special_educational_needs/4989146-ehcp-support-thread-no-2
EHCP support thread no. 3 - www.mumsnet.com/talk/special_educational_needs/5077140-ehcp-support-thread-no-3
EHCP support thread no. 4 -
https://www.mumsnet.com/talk/special_educational_needs/5197351-ehcp-support-thread-no-4
EHCP support thread no. 5 -
https://www.mumsnet.com/talk/special_educational_needs/5309128-ehcp-support-thread-no-5?utm_campaign=thread&utm_medium=app_share [please post on here till it's full]

EHCP support thread no. 4 | Mumsnet

We've nearly filled the thread again, so here's a new one. Welcome everyone: newcomers, people stuck in the process; battle-hardened veteran...

https://www.mumsnet.com/talk/special_educational_needs/5197351-ehcp-support-thread-no-4

OP posts:
Namechange857 · 05/06/2026 13:53

KeepItSpinning · 05/06/2026 13:33

Yes, the LA still has to comply for now. Although sometimes they don’t. It won’t happen in your case, but it is technically possible for SENDIST to refuse to sign off on the consent order.

As it had already been sent to SENDIST, I assumed you had already signed and dated the proposed consent order. If you haven’t, you need to do that.

Thank you @KeepItSpinning

Nope, they seem to like missing me out of the loop!

KeepItSpinning · 05/06/2026 13:33

Yes, the LA still has to comply for now. Although sometimes they don’t. It won’t happen in your case, but it is technically possible for SENDIST to refuse to sign off on the consent order.

As it had already been sent to SENDIST, I assumed you had already signed and dated the proposed consent order. If you haven’t, you need to do that.

Namechange857 · 05/06/2026 10:44

The tribunal officer said in reply that although they are conceding, they still need to comply with the current tribunal orders (ie to send in the bundle).

She also states that I need to sign and date the consent order that I was copied into and also send to SENDIST.

Is that correct?

Namechange857 · 05/06/2026 09:51

Thank you for the information @KeepItSpinning

So you couldn't make it up... This morning, someone else from the LA (from their generic SEND tribunal email address) has sent the evidence bundle to the tribunal. It was the tribunal officer who sent the consent order yesterday to the tribunal conceding the appeal. Just a case of the right hand not talking to the left?! They are ridiculously incompetent.

KeepItSpinning · 04/06/2026 22:53

@Namechange857 the EHCP finalised this year will just state the primary placement. It may well be September before it is finalised given the time consent orders are taking.

Sorry, I didn’t answer your question about secondary schools.

Normally, there should be a phase transfer review in the autumn term of Y6. Following the meeting, you get the chance to state your preferred placement. Then the EHCP naming the secondary placement must be finalised by 15th Feb 2027. Your LA likes to try to use the Y5 AR, but they shouldn’t and it is something parents can challenge. Because of this the LA may try to get away with not holding a phase transfer review for DD.

Your LA likes parents to complete a form by mid September of Y6. However, you do not have to complete a separate form or give your preferred placement before the point where you receive the amendment notice/notice of amendment/draft following the phase transfer review. If you do, you can change your mind when you get to the point of the amendment notice. You do not have to state multiple options &/or include a mainstream school if your preference is SS either.

Namechange857 · 04/06/2026 22:35

Thank you @KeepItSpinning

If the EHCP is produced sometime over the summer, will it just need to specify primary school or will it also need to include a secondary school?

I know next year will be the phase transfer year (and reviews in the Autumn term?), does that happen in the same way if the EHCP has only just been or is in the process of being finalised?

KeepItSpinning · 04/06/2026 21:28

@Namechange857 from the date of the consent order, which can take a while to come through, the LA will have 5 weeks to send a draft and 11 weeks to finalise. There are a few limited exceptions e.g. if you are out of the LA for 2 or more weeks and it is impractical for the LA to comply but even when the exceptions apply it isn’t a green light to do as they wish, they must comply as soon as it is practicable.

Namechange857 · 04/06/2026 20:22

Thank you, @KeepItSpinning 🙂

The private EP and OT reports were very comprehensive, specified and quantified, so I have a good idea what needs/provision should be included. There are other aspects that the EP recommended (eg DCD and APD assessments) that I am parking for now.

I think she should remain at her current primary... Despite the fact that they haven't been particularly brilliant, I think it would be far too traumatic to move her at this point.

Secondary school is an entirely different matter and one I am increasingly worried about. She has such a spiky profile and there are so many nuances to her, I honestly am struggling to see which (if any!) school would be the right fit. We haven't yet spoken or visited any however.

What is the timeline now for drafting and finalising and when would we have to name a secondary school?

KeepItSpinning · 04/06/2026 19:16

@Namechange857 Hurrah! In terms of the appeal, you don’t need to do anything. You wait for the sealed Consent Order. It is a good idea to start thinking about next steps if you haven’t already. Think about what needs to be included in the EHCP. Do you know what school you would like to be named? Since DD is Y5, you should think about this for the rest of primary and also secondary.

Namechange857 · 04/06/2026 18:10

Thank you @Leafywool 🙂 Hope your draft is progressing and the school search is going okay.

Leafywool · 04/06/2026 17:48

Fantastic news @Namechange857 🥳

Namechange857 · 04/06/2026 15:44

Hi, just to update that the LA has conceded my refusal to issue appeal and will issue an EHCP!

Thank you to @KeepItSpinning and everyone else who has given advice on these threads.

They have sent the consent order dated today to the tribunal. What do I need to do now??

KeepItSpinning · 03/06/2026 19:48

The EHCP will need to mostly be rewritten, but is it ok to copy the relevant needs/provision from the existing Plan into the new proposal if they still apply but aren't explicitly mentioned in the latest EP report?

Yes. It makes sense if you think of it as the current EHCP being amended/edited rather than the EHCP being rewritten from scratch.

Where we've indicated that online or in-person tutoring might be an option, do we need to list specific tutors we want to use? I haven't managed to narrow it down that precisely! And I also expect the LA will push back with their own recommendations for providers.

If you know who you would like to use, you can say, but don’t worry if you don’t. It doesn’t matter if you haven’t got all the details at this point. You don’t need to know the exact tutor you will use at this point. Similar for things like knowing their exact availability, which may not even be the same by the time the EHCP is finalised.

Also, while it can be helpful, especially since many have to appeal and it can be helpful in preparation for an appeal too, as I said in my pp, you can’t be forced to do what I suggested in my pp. The LA is responsible. So if it is overwhelming or you can’t do it all, don’t panic.

Could this be fine-tuned at draft stage? Will we get to see a draft before it's finalised?

If the LA propose to amend, and they must do if the school has given notice, they must inform you within 4 weeks of the AR meeting and send you the notice of amendment/amendment notice/draft. They must give you at least 15 days to comment on the proposed amendments.

can I just have a dedicated providers section in section F
The main goal is to have all "approved"/"agreed" providers in section F so that we have the flexibility to move between providers as DS is able.

Providers must not be named in section F. Case law is clear on this. The provision to be provided should be described in F, but providers cannot be named. Providers can be named in J. Flexibility can still be included in F though.

You don’t have to be limited to providers on the LA’s approved providers list/AP catalogue.

Do I need to list them with each corresponding provision…Is repeating them necessary?

You can do it however you want. I personally repeat information. That’s so there is no ‘misunderstandings’ about what provider covers what provision and so information doesn’t get lost when LAs cut and paste when they say they agree to certain things and not others.

Is it likely that the LA would agree to put it all in a PB for us/the EOTAS coordinator to manage? There are some defined periods of therapeutic intervention/EF coaching/mentoring that I guess could be paid directly by the LA, but given the flexibility we need with learning resources, I thought it might make more sense for us to manage it through a PB.

Here I think you mean direct payments? DPs are one way a PB can be paid. You can request DPs and the LA should comply unless they believe you aren’t capable of managing the monies, you would use the funds inappropriately, it would negatively affect other LA services or it is an inefficient use of resources. How likely the LA is to agree to DPs depends on the LA and the provision. Having DPs doesn’t automatically bring greater flexibility. It will depend on what is agreed and what is in the DPA. For example, even with DPs, some people have to get permission to change providers.

SpaceInvader321 · 03/06/2026 17:31

Our SS submitted their AR paperwork to the LA this week. They said they can't meet needs and that, in their view, an EOTAS package would be more appropriate for DS.

I'm now preparing our EOTAS proposal to submit to the LA tomorrow or Monday. I put it in a table w/ references to the professional evidence, as you suggested @KeepItSpinning . It includes all of the recommendations from last month's EP report and some from a psychiatry assessment from last year. I have included rough cost estimates where possible. I haven't tackled the Outcomes or drawn up a sample timetable yet.

The EHCP will need to mostly be rewritten, but is it ok to copy the relevant needs/provision from the existing Plan into the new proposal if they still apply but aren't explicitly mentioned in the latest EP report?

We have researched online providers and have a list of ones DS said he thinks he could engage with. Do I need to list them with each corresponding provision or can I just have a dedicated providers section in section F (linked to where section B says DS requires the flexibility to move between providers, be self-directed, etc) and reference that as needed? (Eg, the EP mapped out three stages of EOTAS: a very low-demand, no live lessons period, followed by two stages of gradually increased engagement as DS is able, but some of the providers could be used in all of the stages. Is repeating them necessary?)

Where we've indicated that online or in-person tutoring might be an option, do we need to list specific tutors we want to use? I haven't managed to narrow it down that precisely! And I also expect the LA will push back with their own recommendations for providers. Could this be fine-tuned at draft stage? Will we get to see a draft before it's finalised?

The main goal is to have all "approved"/"agreed" providers in section F so that we have the flexibility to move between providers as DS is able. (This is recommended in the EP report.) This is so we don't have to ask the LA for permission every time we want to change or add a provider. And the EP recommended we request a PB and an EOTAS co-ordinator to manage it all as flexibly as DS needs.

Is it likely that the LA would agree to put it all in a PB for us/the EOTAS coordinator to manage? There are some defined periods of therapeutic intervention/EF coaching/mentoring that I guess could be paid directly by the LA, but given the flexibility we need with learning resources, I thought it might make more sense for us to manage it through a PB.

Grateful for any guidance and sorry this is so long. Thanks.

KeepItSpinning · 03/06/2026 15:24

Even if you wouldn’t want to pursue it if they refuse, and that is a perfectly valid decision, if you know what amendments are required and have all the evidence together already, you could request the amendments to C&G (or B&F depending on the needs and health care provision because remember HCP that educates or trains is SEP) and see what, if any, are agreed.

Phineyj · 03/06/2026 07:10

I agree @handmademitlove - you can't continually fight on every front.

Even the government has had little success getting the NHS to participate in EHCPs...and they fund both sides!

handmademitlove · 02/06/2026 21:33

@KeepItSpinning the LA amended after tribunal and issued just in time for the annual review. They then agreed to amend again (!) so have now issued an updated draft. This includes all the tribunal ordered changes plus the additional changes needed after annual review. Minus any changes to the health needs. Given there is no health provision in the EHCP it doesn't make any difference if it is inaccurate or not, just mildly irritating to have a document that is incorrect!

I have many other battles to fight so think I will park this - pick your battles is so relevant when dealing with SEN issues 🙂

KeepItSpinning · 02/06/2026 19:57

The LA should issue as per the Tribunal Order. Some LAs sometimes issue a draft first, but it is not like going through the normal draft process because the LA must follow the Tribunal Order.

Did you appeal C&G?

At ARs, it isn’t unusual for LAs not to update EHCPs even if amendments are required.

ARs shortly after Tribunals shouldn’t amend the provision Ordered by SENDIST just because the LA disagrees with it. If there is significant new evidence, you can put forward amendments.

DSA is a far easier and less adversarial system. You probably have more than enough even if the EHCP is poor.

handmademitlove · 02/06/2026 17:16

Afternoon all, We have just had the amended draft following tribunal and annual review. All good, but the health section is very out of date now, with more diagnoses. Neither the school in the annual review paperwork, nor the LA have changed any of this despite them both being aware and it having been discussed both at tribunal and at annual review.

Given she is yr12 and it really won't make a difference, it is normal for this not to change or should I ask for amendments so it is as accurate as possible - looking ahead to using is as evidence for DSA provision!

Namechange857 · 02/06/2026 14:37

Thank you @KeepItSpinning, I really appreciate all of your support and calming words!

I don't think I'm even really worried about them missing the deadline and the hearing isn't until December. It just threw me and I just want a resolution now (was half-hoping, though not expecting! that they might concede). Plus all the worry regarding what to do about secondary school.

KeepItSpinning · 02/06/2026 14:06

They can still submit the bundle. Asking for late evidence to be admitted doesn’t change that.

It is just the court’s wording. The LA will be given chance to comply. SENDIST likes to have all the information possible. But you don’t know they will miss the deadline, don’t borrow worries from tomorrow!

Namechange857 · 02/06/2026 14:04

The only minor concern I have is that the OT report mentions 1-1.5 hours of school missed a day (when I spoke to her in Autumn, DD was going in around 9.30-10am most days). (I didn't say how much school DD was missing, just told her what times she usually went in).

However her most recent attendance shows arrival times of 9.00-9.30am (which is in the EP report done more recently).

It's not particularly significant but could they query this? (Even though it was accurate at the time).

Namechange857 · 02/06/2026 13:53

Thank you @KeepItSpinning

No, the LA didn't mention the deadline for that, was just reminding them as how can they submit an evidence bundle when three days before the deadline they ask for other minor evidence to be included?

It's just really confused me - I am trying to work out if this is some carefully thought out ploy (to do what, I'm not sure.. time-wasting?) or if the Tribunal Officer is just really incompetent (why would she date the form for seeking my views on the same day as having sent it? And why would she say it was a parental request?)

I get that, though why does it clearly state that:

If the LA does not comply with the direction and fails without reasonable
explanation to deliver the tribunal hearing bundles as required by the
05/06/2026 then the further participation of the LA in the appeal shall be
automatically BARRED pursuant to Rule 8((2) of the Tribunal Procedure
Rules 2008 because they have failed to comply with a direction that stated
that failure to comply would lead to their further participation in the appeal
being barred.

I guess their definition of 'reasonable' is quite loose?!

KeepItSpinning · 02/06/2026 13:43

I would leave it now you have sent it.

The CRF and bundle deadline wasn’t mentioned by the LA in the part you posted, was there more?

If the LA doesn’t send the bundle, you wouldn’t jump straight to requesting they are barred. That is not going to happen for ‘just’ missing the first deadline.

Namechange857 · 02/06/2026 13:38

KeepItSpinning · 02/06/2026 13:33

I would just point out you have not made the request, the LA has not sought your views and which evidence has already been submitted, but that you do not object to the inclusion of other evidence the LA has now submitted.

Sorry cross-posted @KeepItSpinning, do you think what I replied with was okay or that I should send another email saying I do not object?