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Original poster

Urgent SEND advice please!

58 replies

Starlightstargazer · 14/03/2024 12:48

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The LA would like to name a school which is wholly unsuitable, misrepresenting her needs due to out of date and unsuitable EP report.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

OP posts:
Original poster
Starlightstargazer · 15/03/2024 17:34

mirror245 · 15/03/2024 14:32

@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.

She had 2 covert observations as part of her AdHd assessment last July and that was extremely informative.

OP posts:
Original poster
Starlightstargazer · 15/03/2024 17:35

DontBeAPrickDarren · 14/03/2024 23:13

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.

Thanks, that’s v useful

OP posts:
Original poster
Starlightstargazer · 15/03/2024 17:37

Unexpectedlysinglemum · 14/03/2024 23:41

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.

They won’t do anything now sadly. I’ve started the appeal process today.
when dd had covert observations for her adhd assessment (year 8), it was so helpful.

OP posts:

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General education SEN
Littlebluebird123 · 16/03/2024 09:40

I'm sorry you're facing this, sadly not an uncommon situation.

WRT the school saying no then yes. The LA can ignore a no and place a child anyway. School are effectively forced to say yes with a promise of funding. And once a school is forced (any good school) will then do whatever they can to meet need. Doesn't mean they agree but it doesn't help to argue and they'll want to try to get off on a positive with the parents and child.
Parental preference is supposed to be the deciding factor but with an independent placement they'll push back as it's so expensive.

The Kent equivalent of IPSEA is IASK.
https://www.iask.org.uk/young-people/how-we-can-help-you/

Hope they're able to help you.

How We Can Help You | IASK

Telephone Helpline open Monday - Friday, 9am - 5pm

https://www.iask.org.uk/young-people/how-we-can-help-you

Original poster
Starlightstargazer · 16/03/2024 13:10

Littlebluebird123 · 16/03/2024 09:40

I'm sorry you're facing this, sadly not an uncommon situation.

WRT the school saying no then yes. The LA can ignore a no and place a child anyway. School are effectively forced to say yes with a promise of funding. And once a school is forced (any good school) will then do whatever they can to meet need. Doesn't mean they agree but it doesn't help to argue and they'll want to try to get off on a positive with the parents and child.
Parental preference is supposed to be the deciding factor but with an independent placement they'll push back as it's so expensive.

The Kent equivalent of IPSEA is IASK.
https://www.iask.org.uk/young-people/how-we-can-help-you/

Hope they're able to help you.

Thanks very much for your message and info. I’m just so tired 😪 of battling and getting nowhere. When we got the offer for the independent specialist, for the first time in 2 years, it was like everything lifted, no depression, just happy!
Then the council pull the rug out with no prior notice or anything. Just ‘that’s what we’re doing’.
im still processing 😔

OP posts:
TortolaParadise · 16/03/2024 14:25

As the parent you get to name the schools for the LA to consult. You can challenge any decision made. Contact SENDIASS (parent advocacy service for advice - should find details on the Local Offer.

Headfirstintothewild · 16/03/2024 16:34

Be careful with SENDIASS. Some are good, but many are not and repeat the LA’s unlawful policies. They are not the equivalent of IPSEA and ISPEA and SOSSEN are far better, IMO.

Littlebluebird123 · 16/03/2024 18:51

Headfirstintothewild · 16/03/2024 16:34

Be careful with SENDIASS. Some are good, but many are not and repeat the LA’s unlawful policies. They are not the equivalent of IPSEA and ISPEA and SOSSEN are far better, IMO.

@Starlightstargazer Headfirst is correct, sorry. IASK is the SENDIASS equivalent. They should be able to give some advice and support with the Kent procedures but aren't impartial.

IPSEA is the one for that.
https://www.ipsea.org.uk/Pages/Category/service-overview

I am sorry that it will be a fight. I don't know anyone with a child with SEN who doesn't have to fight unfortunately. Not always a big fight but the funding, support and expertise just isn't there and the 'squeaky wheel gets the grease'. 😢

Our services

Our unique range of services has been developed to ensure that families understand children and young people’s legal rights and entitlements to special education provision.

https://www.ipsea.org.uk/Pages/Category/service-overview

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