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How did you survive the EHCP process?

92 replies

SinkGirl · 26/11/2019 13:55

I honestly just can’t do this. I’m so far out of my depth, it’s ridiculous. I’ve had advice from different charities and places which I’m following but it’s just impossible.

I’m not asking for advice on what to do - I know that we are one meeting away from pursuing a tribunal and am trying to accept that because being assertive is not my forte but if I don’t push properly I’m letting my boys down.

I just want to know how you get through this in one piece mentally because I’m not doing very well at that right now.

OP posts:
IHeartKingThistle · 27/11/2019 09:47

@Punxsutawney they're all important. It's just that only the EHCP kids get regular TA support allocated to them. The rest get supported as well as is humanly possible.

For example, I have a bottom English set in Year 10 of 22 - too big for a bottom set but there's nothing I can do about that. They're all low ability (obviously not all children with SEND are low ability but this is the bottom set). 13 of the 22 are on the SEND register and 2 of those have EHCPs, which means we have a TA in there all the time. The whole class have the benefit of her being there but she's only there because of the EHCPs.

I didn't mean to imply that SEN children without EHCPs are considered less important. I care about those 22 kids deeply and equally and lose more sleep over them than you might imagine. I hope your son is doing OK. It's hard these days.

Ketomeato · 27/11/2019 09:48

Punxutawney why do you think he wouldn’t be considered for EHCP?

The threshold for assessment is low : “ That the child has or may have a special educational needs which may require provision in the form of an education health and care plan “

IHeartKingThistle · 27/11/2019 09:49

Argh please don't think we call them 'EHCP kids' either, shouldn't have put it like that.

Legomadx2 · 27/11/2019 09:53

We're going through similar (on our way to tribunal) and it is fucking hard.

Keep going OP. There will be days you have to cry and achieve nothing, and other days you wake up with energy to fight.

Good for you. They are all bastards (IME) and you - and we - have to fight them for our babies.

Good luck x

Punxsutawney · 27/11/2019 11:11

IHeart sorry, I know that some schools do care. I'm just having a bad week, I shouldn't be moaning on sinks thread. Ds's needs are not profound enough for an ehcp but it's still crap at times trying to get him help and support.

Good luck sink I hope you can get the all the support that your boys need.

SinkGirl · 27/11/2019 11:18

Thanks all. I don’t know what’s wrong with me at the moment - I try to stay positive but this process has just knocked it out of me. I just feel so sad and so angry that this is needed, that we are in this situation in the first place, I don’t normally feel like this. It’s just scary how quickly things have changed - 18 months ago we had no idea there was a problem and then things changed so fast. Some days I just really struggle with it, and then feel like crap for feeling that way too. Really struggling seeing all my friends little ones growing up and living “normal” lives and getting excited about Christmas etc and we are just stuck. I’m just so desperate for things to get better that I’m putting so much pressure on myself to get these bloody plans right when in reality I can’t control what the LA do or agree to.

Caseworker isn’t in again today so still no news on the panel from last week, and I know DT2’s plan is going today.

OP posts:
TravellingSpoon · 27/11/2019 11:33

It's an awful process which says it puts families at the heart if, but it doesnt. And many local authorities have departments that are not fit for purpose.

As pop's have said, you have to keep your eye on the prize. DS's cost me allmy savings (unnecessarily) and put a huge strain on my marriage, but it was worth it. DS is now in a fabulous school where he is thriving, no longer hiding in a cupboard in mainstream.

IHeartKingThistle · 27/11/2019 11:35

@Punxsutawney Thanks

SinkGirl · 27/11/2019 12:02

Sorry Punxsutawney, didn’t see your comment in my flustered state. I’m sure that’s just as difficult, when your child has needs but they aren’t extensive enough for proper help. Have you actually requested an assessment? Legally they should assess if there’s a reason to believe there are SEN impacting their education - you may have to appeal, but hey, looks like even I have to appeal with non verbal children who have the communication skills of infants, and not even all of those. It’s fucked up.

OP posts:
confusedofengland · 27/11/2019 12:52

I can't help, but offering support & sympathy. I'd agree with the sentiment of eyes on the prize. It will be worth it when they get the help they need.

All this makes me see how lucky I am. My DS2 is 8 & has no diagnosis but suspected autism. He gets MRC/LRM DLA & has had an EHCP since reception, for 35 now 32.5 hours per week one to one. The schools (village infant & junior) put all this in place for me & it's never been disputed, if anything I feel he would cope with less care. So, just to tell you it does happen, hang in there. Flowers

SinkGirl · 28/11/2019 09:24

Finally got to speak to the caseworker on the phone - I think in the radio silence I’ve got myself terribly worked up about everything and attributed intentions which possibly aren’t there.

Anyway, DT1 was found by panel not to need a specialist setting at this point. She said she immediately challenged this with her boss, as she’d already spoken to a specialist school who agreed it was appropriate and that they could meet both twins’ needs. Her boss apparently said that it’s because they’re making progress already - they’ve made progress because of portage, which has now ended, and even then it’s glacial.

Anyway, I told her that a huge problem is the lack of OT input because there’s nothing from them to make it clear how much danger their sensory seeking causes in a nursery environment. She’s going to email the OT who’s already seen them many months ago but really DT1 in particular needs a new assessment as when OT saw him in February he didn’t really have any sensory needs. If I have to pay for reports I will, just worried they won’t be taken into account in the same way and it will be a waste. Plus I believe there’s a time limit on them, and if we go to tribunal they may have to be redone if it takes longer?

Vision Support have been and have promised to write a quick report after our appointment next Tuesday. SALT said they’d write a report for DT2 yesterday. The paediatrician has written a proper detailed care plan for DT2’s hypoglycaemia (well actually she’s just pasted in the one I wrote and emailed to her word for word, which is great as it’s much more detailed than I suspect they’d usually write).

We are getting there. I know they’ll do everything they can not to have to fork out for specialist placements but I’m hoping that just going to appeal stage will make them back pedal - they can’t really defend the plans as they stand, they are full of holes you could drive a tank through.

OP posts:
jamoncrumpets · 28/11/2019 10:40

Put in the appeal and they are very likely to give you what you want before trial. Going through the tribunal process costs the LA a lot of money!

Ketomeato · 28/11/2019 10:56

Agree absolutely. Appeal appeal appeal.

Ketomeato · 28/11/2019 10:58

And you know the “panel”? It has no legal standing. Your rights as the parent are enshrined in section 19 of the Children and Families Act, and it is not within the decision making ability of the Sen team to decide that your child can’t have specialist provision because they’re making progress! Load of bollocks.

jamoncrumpets · 28/11/2019 10:59

Everybody told me that I would be 'lucky' to get DC into their oversubscribed specialist school. Everybody tried to manage my expectations by suggesting ways DC could be in mainstream.

I knew I had a good chance if I appealed, most appeals are won by parents, but I did have to teach myself SEN law.

Ketomeato · 28/11/2019 11:01

In fact the only way in which your parental choice can be legally dislodged is if the placement is incompatible with the effective education of the other children in the class, or if it represents rhe inefficient use of public funds.

So the Sen team can take a running jump, frankly. You’re in a very strong position but they won’t tell you that.

Ketomeato · 28/11/2019 11:04

And I’d be VERY surprised if the LA attempt to take this to court (twice, they must treat the twins as two separate cases) and also would be surprised if you needed private reports - the LA must commission suitable fit for purpose reports and again you can challenge that via tribunal too.

jamoncrumpets · 28/11/2019 11:47

I did a whole DIY job on our tribunal appeal referencing existing evidence. It was enough. It sounds like you have enough too. I reckon you can storm this.

iwillnevereatspaghetti · 28/11/2019 12:38

You can do this breathe patience and then lean on everyone for help. I always figured shouting or quietly stating your point over and over again is part of the process. Our Lea said they wrote statements badly as most parents weren't as educated as us. At that point I told them exactly what we thought of them.

Ask for everything !

SinkGirl · 28/11/2019 12:44

Thanks everyone, really appreciate the support. I don’t think they’d want to take both to tribunal either - expensive for them, not to mention the fact that they haven’t done this properly at all and they’d just be told to do (unless tribunals are equally useless but I haven’t heard that to be the case)

OP posts:
LoseLooseLucy · 28/11/2019 12:44

My son's has just come through (started primary in September, he's been at the nursery in the school for a year though which is when the ball started rolling).

I've now been informed by the school though that they think he'll be better off in a special school, and that I'm going to have to fight like hell for a place for him.

Hope everything goes smoothly as possible for you Flowers

KOKOagainandagain · 28/11/2019 12:53

The FB group EHCP Experiences England is very useful. Legal advice is given by experts - Eleanor
Wright started JR proceedings for DS1 through SOS!SEN.

I found it emotionally easier to cope when I stopped hoping that it would be possible to achieve an EHCP that identified all needs (meaning that a report by a specialist sensory integration OT (preferably using a tool such as SIPT) and full SALT investigation was essential) and specified and quantified provision to meet those needs.

I obtained private reports. They were ignored by the LA for draft and final. The tribunal will not ignore them. So the LA in my area only do full investigation following appeal in the hope that their own assessments will suggest a lower level of need and/or suggested provision.

KOKOagainandagain · 28/11/2019 13:00

Impossible without putting in an appeal and heading to Tribunal that is.

Tribunal is nothing for parents to fear. It is often the only way to achieve wording that is not wishy-washy (eg 'access to ...) and thus legally enforceable. Eleanor told me that Tribunal is needed before JR as strict wording with no room for interpretation is required to prove non-delivery.

SinkGirl · 28/11/2019 19:53

Oh our plans are all access to, opportunities for... like “opportunities to share a book with an adult”. Riiiiight. Like any 3 year old then?

Swinging wildly between very angry and really upset at the moment. It’s a good job I don’t drink but this whole process has wiped out my success quitting smoking.

OP posts:
Sirzy · 28/11/2019 20:03

Sink they put that exact line in my DS plan. When he was in year 4 and the same ehc in the about me included the fact that he enjoys reading about history and poltics!

There again his latest plan in year 5 has the suggestion he should spend time in the foundation stage in order to improve his social skills!

I do wonder about the people tasked with writing these plans sometimes.