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URGENT can anyone recommend someone legal to look at a draft EHCP?

61 replies

Ilmb · 13/08/2018 13:40

I was given the draft Friday. Have been looking through it. We have a charity that helped but all their funding has been cut and no one is able to look at the draft properly for me. My main problem is section F it’s very vague.

Is there any educational solicitors that would just look at a deFt and help me amend it? I can’t afford it but this is all going over my head and I have until next Friday to sort it...

OP posts:
Ilmb · 15/08/2018 16:28

Bump

OP posts:
TiffinBox · 15/08/2018 16:35

Do you have a mencap,mind or a children's SEN charity in your area? My local Mencap officer looked through our EHCP documents for me. Or try the Citizen's advice bureau if you can't find an educational solicitor to look through it.

Blossomsmum87 · 15/08/2018 16:39

SOSSEN or if they are not open, fb SEN ACTION (run by a specialist advocate)or EHCP experiences, there are some very experienced people on their who can help with it. I have used all three for questions to do with our EHCP and tribunal.

GandolfBold · 15/08/2018 17:14

Ask for a meeting with the LA. They have to meet with you as per the SEN code of practice and will buy you a bit more time.

What it is about F that is vague? Is it the language or lack of provision?

Are the needs all described accurately in B?

youarenotkiddingme · 15/08/2018 17:33

Have a look at Education equality.
Also sossen check.

Lawyers is look at Simpson Miller

Ilmb · 15/08/2018 19:48

Id rather not a lawyer yet as I can’t afford it and will need to probably use one for tribunal! Are any of these websites area baSed? The one charity near me has had all their funding cut...

It’s the provision that is vague?

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youarenotkiddingme · 15/08/2018 22:01

You can challenge that yourself.

So if section B states need is social communication and can't hold 2 way convo etc ....

Section E outcome is to be able to converse appropriately with peers and staff

Section F is social skills group provided by TA.

You can simply write under each point.

So section E

What is the smart target. How long should they converse, how will you measure that, is that converse unaided or with adult support, initiated by them or joined in by them?

Section F

How often is social skills club. How many hours a week. Which staff run it. What are staff qualifications. What are they doing in that group to specifically target an outcome?

Your reports should have references to the needs, outcomes and support needed and where it does use a different colour and point out "X says Y".

If the reports are specific then contact the person who issued it and ask them "you state ds needs support for social communication" please specify what inputs and the qualification and training staff will need and the amount of time he should receive this.

In the meantime get mediation certificate and apply for tribunal and if you don't get response about it being specific add that to the bundle. Judges don't tend to look kindly on LA's who simply fail to do the most simple things!

IPSea has great resources for navigating this.

TiffinBox · 16/08/2018 06:41

Check mencap website as it's a nationwide charity to see if they have a branch near you.

Ilmb · 16/08/2018 06:48

Thanks Both. I have a good ed psy report but provision is bad. I’m not a professional so how can I decided what provision he needs?! Eg but not the main problem, it says he has poor working memory but no provisions of that how would I know what he needs??

The charity that was helping me said each need written needed to have an outcome but it isn’t?

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Ilmb · 16/08/2018 06:54

Will call mencap when they open

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TiffinBox · 16/08/2018 07:00

What have his teachers said in the last school report about his working memory? Put a copy of the report in as evidence and any comments they have made. The EHCP should be a collaborative document between parents, teachers & other professionals. Has his teachers made any contribution to it at all? Would it be worth ringing the LA and saying that you need teacher contribution but September is the earliest you can get it.

TiffinBox · 16/08/2018 07:03

Read his last school report and use the teachers suggestions/comments regarding provisions for his working memory.

Ilmb · 16/08/2018 07:12

He’s out of school. School haven’t contributed other than An ANP. It was the ed psy report discussing poor working memory... but her report doesn’t mention what he need? LA have copied and pasted stuff from that report but it doesn’t really correlate and everything is repeated through out.

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RhubarbTree · 16/08/2018 07:17

I would recommend Fiona Slomovic from The advocacy and mediation partnership. We used her when our local council was playing silly buggers and not providing the funding that the EHCP said was required. I had a brief call with her to explain the issues and she got to the heart of the matter immediately. We paid a one off fee for a year long retainer which meant she was available through the whole process if we had any questions. Good luck !

TiffinBox · 16/08/2018 07:19

Is he being home schooled or is a tutor coming out to work with him at home? If he's got a tutor, could you ask them for advice and input? Does he have ADD, if so can you contact the ADD charity for some advice?
ADHD foundation

I hope you get some help from mencap.

GandolfBold · 16/08/2018 07:22

Do you have any independent reports? What about OT and Salt?

You can challenge this yourself. Ask the LA for an editable copy of the plan so you can make changes to it.

If you don't mind saying, which LA is it? Some are worse than others!

Imnotacelebgetmeouttahere · 16/08/2018 07:28

I rewrote both my sons and helped friends with theirs....im not a professional but know a bad ehcp when i see one Grin

What area do you live in?

Ps the 15day turnaround isnt a rule...just email the caseworker and ask for an editable copy on email and you'll consult with the relevant professionals before agreeing to it

Imnotacelebgetmeouttahere · 16/08/2018 07:29

Ps my moneys on surrey or hampshire

GandolfBold · 16/08/2018 08:02

Or Hertfordshire!

hendricksy · 16/08/2018 08:06

There is a charity in Brighton called Amaze . They helped us with ours .

yummyeclair · 16/08/2018 08:12

Bump

imip · 16/08/2018 08:17

Do you have a parent/partnership group in your area? ( you should do, it’s the law!). Generally, I feel that there are not that independent, but don’t know about your area. You should also have a parent support group in your area that may be able to help. Have a look on your local offer.

Fleurdalys · 16/08/2018 08:19

Try [email protected]

Sorry, I'm useless at links.

Ilmb · 16/08/2018 08:19

Hendricks that’s the charity I was talking about..... as of 31st July they had their independent services taken away so they can’t look through the ehcp and help me edit it or attend any meetings.

I will be ringing mencap at 9.

He is under a provision that He goes to two afternoons as week they have even included in the ed psy report but cabt offer support as such. I have a good ed psy report (I thought) but county have been clever with it. I read it and any school would pick it up and say hey can meet his needs as it’s basic and not a lot at all in provision, just needs small groups, certain apps will help with technology for his dyslexia (also autistic) I need someone to read it plus the ed psy report and help me as it’s crap! I’m desperately trying to get him into a specialist provision but right now county will definitely jot give it. I was told to accept the draft and then appeal after as it will take too long now to dissect the draft and THEN challenge the content? OT have a report included but again no provision is given?

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imip · 16/08/2018 08:20

I’ve aldo heard good things about the solicitor, Fiona. She just sends one letter that scares LAs into doing the right thing! A decent letter from her may avoid tribunal. If your child is out of school. I’d actually go straight to SOSSEN or IPSEA. May be able to access legal aid if you go to tribunal.

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