Urgent SEND advice please!

[Starlightstargazer]

My daughter had an educational psychologist assessment a year ago, which was done when she was in between 2 schools and without any classroom observations.
The ehcp draft took 9 months to appear, by which time her needs - educational and health had significantly changed.

The LA would like to name a school which is wholly unsuitable, misrepresenting her needs due to out of date and unsuitable EP report.

Is there a law or guidance to state when an EP report should be redone?

is there a law about the LA misrepresenting and misleading placement schools, by not giving vital info about the child?

thanks so much for any help!!

You are getting standard LA treatment, I'm assuming that you have identified an independent specialist school? LA knows that it's worth their while naming any school as the wait for Tribunal will save them a year in fees. When fees are £70k plus then it's a good saving even if they fund a tutor for a year or more likely they fund a tutor after you have exhausted the complaints procedure that they will also drag out for as long as possible.
Draw a line under it now and start gathering the evidence you need to win at SENDIST. An independent ed psych report will be pretty vital, if the school you want has on site therapists, SALT and OT getting reports that show your dd needs this input will also strengthen your case and will lessen the LA's case if the named school doesn't have these on site services.
It's shit but it isn't personal,this is happening up and down the Country every day. LAs lose more than 98% of Tribunals so it's a fight you have more than a good chance of winning so focus on that.

Sorry missed you asking about why school unsuitable:

• only specialises in ASD, not the other needs DD has
• usual school structure of 1 hour lessons, 2 in a row then a small break and so on - she can’t cope with this
• 70% low attaining pupils, very low GCSE attainment. DD is high achieving.
• Can only take 5 GCSEs. DD capable of and wants to take 8-9
• uniform DD doesn’t cope with this or school shoes
• DD has had several traumatic events which require extensive intervention to resolve. Cahms say they don’t have due to wait lists / resources. Our preferred school does. LA school does not.

@Starlightstargazer I'm not sure it was ten months when mine was submitted and my hearing was May 23. It was a year soon after I've not checked lately as I'm hoping that I'm not appealing again any time soon.

Thank you so much for this - it has honestly broken me and our family. 2 years of this, supposed to be 20 weeks! With the council, it’s like they batten down the hatches and no one replies to emails or calls. They’ll send bombshell emails and then disappear!

yes to specialist independent. You’re completely right about kicking the can down the road. They wasted 7 months making us go to tribunal just to get the needs assessment!!

Had to quote section 19 ed act to get 6 hours a week of tutoring, but they must have known about this legal requirement?! How they sleep at night, I’ve no idea.

it does feel really personal. I sobbed down the phone at the LA school today, asking why they have said yes after saying no. She couldn’t help…,

ive got in touch with a sen solicitor and I’ll get onto the appeal tomorrow. Need to gather strength!

Can they do that if it was literally finalised today?

Honestly the best thing to do for your mental health is detach from seeing it as personal otherwise it will drive you to the brink. LA see it as a game, it's all about the money and they will do whatever they can to save money. Morals, scruples and statutory duty go out the window and the child or young person at the centre of it isn't important at all. See it for what it is concentrate on getting the evidence to show that the school you want is the only school that can meet your child's needs.
The school will either have been offered more money or told that they are placing your child there if it's an LA school. You need to use the Tribunal to get the EHCP into a shape where the named school cannot meet the EHCP most likely by using independent assessments.

How could there have been a classroom observation if she wasn’t in school at the time?

Thank you - I am at the brink of insanity! You know, when you’ve seen your child suffer so much for so long. Then there’s this bit of hope when the specialist independent offered and then the LA snatch it all away.
But yes, onwards!

But surely a big part of an EP report is observing the child in an educational setting? So they should have delayed the report completion until she had begun the new school or agreed to re review.

You have the right of appeal now so use it now. Asking for a reassessment now would most likely be unsuccessful as LA would say that EHCP has only just been issued but they would most likely drag out the process to delay you getting the right of appeal.

I have asked the LA school for all communication between them and KCC, particularly around the council asking them to reconsider. But on a positive note, I’ll definitely follow your advice about getting independent reports

Mine hadn't started school when they got theirs, I felt it was an advantage tbh. Just let it go concentrate on going forward, you have a finalised EHCP,you have the right of appeal so use it. You can't change what happened back then but you can change what happens going forward.

If money is limited focus on independent assessments over solicitor. Is the independent SS wholly independent or a s41 independent? Because DD is out of full time school you can request the hearing is expedited. It will still be months but not nearly a year like normal. 6hrs is not a full-time education. The LA knows this but will try to get away with providing as little as possible. In future, if the LA doesn’t stick to the statutory timescales you can force them to act, via judicial review if necessary.

It was suggested upthread that you contact IPSEA but I can't see you saying you did it. Please do. They are legal based and an absolute authority in this area.

Kent? It's a mess there wrt SEND unfortunately. The other issue is from an administrative perspective, although they were spectacularly late with issuing, they can only go on the information provided by the professionals advice was requested from, so if that is incorrect, they have nothing else to base their decision on at the time.
As pps have said, get a mediation certificate and lodge the appeal. Did they consult with your preferred school?

It is par for the course to have to go to tribunal for specialist indi. It is expensive but you will need independent reports from EP, SALT and OT that can be used for tribunal/expert witnesses. Ironically, the LA will duplicate all of these reports - the existing EP report will be out of date for tribunal purposes.

Given your daughter is going into GCSE stage would the LA consider a bespoke package? My LA paid fees for DS2 to 'attend' internet school and will pay for therapies if properly specified and quantified in EHCP. DS2 took 9 GCSEs, is currently doing A levels at brick 6th form and has several offers from 'good' unis.

Try contacting SOS!SEN.

That’s really helpful to know, thanks! It’s a totally independent specialist.

They wouldn’t entertain the idea of EOTAS sadly. I had asked about it.
Really good to hear your DS2 is doing so well! Well done to him

Sorry, so many posts! Thanks for reminding me!

Yes Kent. I know all LAs are bad, but this lot take the top prize.
they did consult with preferred school who said yes, can meet need and offered a place in their highest intervention unit.
How the LA school can meet need given she needs that level of input is anyone’s guess.

Definitely going to get started with appeal tomorrow!

If the EP assessment was done as part of an EHC needs assessment then no, I don’t believe there is any time limit. However, if it was done prior to the request for a needs assessment for some reason then para 9.47 of the SEN code of practice applies and you should have the opportunity to agree (or not) if the information is relevant/current.

But surely a big part of an EP report is observing the child in an educational setting?

No, not at all. Especially now there are new guidelines EPs have to follow that say the child must consent to being observed, as of course the child will then behave in an entirely non-natural way. It means fewer EPs are conducting observations. And even then, secondary observations in particular are often of limited value - which lesson do they observe? How is that subject going to be representative of their wider school day? It’s far more useful to have a 1:1 with the child and to speak with the adults who know the child best.

Interesting. You’ve given me another perspective.

You should ask for an up to date meeting with the educational psych who could do an observation?
I think if it went to tribunal they'd have to observe again so they may as well save themselves the time and cost of that. You've got reasonable grounds to ask.

@Unexpectedlysinglemum what is the EP going to observe - the child is not in school. As pp said secondary school obs are generally pointless, unless it's in a special school where students really don't know they're being observed. It's more useful to have a 1:1 meeting with a child.