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Please help with ehcp mediation

6 replies

elliejjtiny · 30/05/2024 11:02

Ds5 has autism. He has "low level of need" written on his diagnosis letter but realistically he is about as autistic as you can get without having learning disabilities. He needs constant supervision at home and school or he will eat things like leaves, grass, paper and even plaster off the walls. He will cut his hair, clothes, fingernails and eyelashes if allowed to use scissors. He is in year 5 and nearly 10 years old. He is academically very able but can't produce any work unless he is working 1-1 with an adult. His class have started doing practice sats papers but he always scores 0 because he won't write anything and won't tell the scribe what to write either.

His current teacher has been brilliant with him but she is really struggling with him now. School senco applied for an ehcp but the LA have refused to even assess him, saying that school can meet his needs with assess, plan, do, review.

Professionals involved are family intervention service, access to inclusion team, children autism outreach team. He had speech therapy and physio when he was much younger. Family intervention service and access to inclusion team have written reports which were included in the ehcp application.

So far the school have tried:
Using a laptop
Using a scribe
Writing with whiteboard pens (he likes the squeaky noise they make)
Sensory circuits
Lego therapy
Thrive
Visual timetables
Now/next board
Wobble cushion
A giant elastic band thing on the chair legs, I think it's called a theraband
An intervention group where they get given pictures of different faces and the children have to say if the person is happy, cross, sad etc, not sure what that's called.
The teacher keeps his scissors in her desk drawer and only gives them to him when needed.
The teacher has him at the front of the line holding her hand when they go to assembly or the dining room so he can't wander off.

Mediation is this afternoon. The lady in charge of mediation has said that the LA might say they need to go back to panel to make the decision but someone on mumsnet said that was illegal and the LA should send someone to mediation who is able to make a decision about assessment. Now I'm worried they will try and do something else that I don't know is illegal.

As part of the ehcp we would like him to have a 1-1 teaching assistant some of the time, equine therapy and to be allowed to wear his PE kit instead of school uniform full time, not just on pe days. In secondary school he will need a lot more support, not really sure what yet. The access to inclusion team have suggested he have a TA to walk with him between classes and fetch him from the playground after break/lunch so he doesn't wander off.

OP posts:
EHCParentTherapy · 01/06/2024 10:09

The threshold for a needs assessment is not particularly high with the right evidence. The purpose of mediation, if that route is taken is for a decision maker to be present, an agreement to be made and a draft of the outcome.

If mediation is the mediator and yourself, that is not mediation, that is a conversation.

What we sometimes see, mediation becomes an extension of the request process, a defacto delay on a creaking and stressed system (which is not your issue to solve).

I would be very clear that you will be filing refusal to assess with the SENDIST tribunal, and keep the outcome of this process closely monitored, and do not allow weeks if not months to disapear in a decision make loop.

At the meeting obtaining an outcome deadline and then prepare appeal paperwork

FloofyBird · 01/06/2024 10:14

How did you get on op? If they haven't overturned the decision do appeal!

elliejjtiny · 01/06/2024 18:50

Thank you both. Mediation was me, dh, the mediator, the head teacher and someone from the LA. DS5 was there for part of it as well.

The case has gone back to panel which the mediator said would be the most likely outcome when she talked to us last week. I didn't find out that the LA was supposed to send someone who could make the decision themselves until the day of the meeting. The head teacher was brilliant and clearly furious with the LA. The lady from the LA said we needed to send new evidence to panel and the head teacher said the panel needed to look at the evidence he had already sent properly because it's obvious that DS5 needs more help than universal send provision. The lady from the LA asked him if he could write a statement by 4th June and the head teacher said that DS5's case is His top priority and it would be done. So we are now waiting on tenderhooks for the outcome of the panel which we should hear about on 11th June.

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RoseScroller · 08/09/2024 10:02

elliejjtiny · 01/06/2024 18:50

Thank you both. Mediation was me, dh, the mediator, the head teacher and someone from the LA. DS5 was there for part of it as well.

The case has gone back to panel which the mediator said would be the most likely outcome when she talked to us last week. I didn't find out that the LA was supposed to send someone who could make the decision themselves until the day of the meeting. The head teacher was brilliant and clearly furious with the LA. The lady from the LA said we needed to send new evidence to panel and the head teacher said the panel needed to look at the evidence he had already sent properly because it's obvious that DS5 needs more help than universal send provision. The lady from the LA asked him if he could write a statement by 4th June and the head teacher said that DS5's case is His top priority and it would be done. So we are now waiting on tenderhooks for the outcome of the panel which we should hear about on 11th June.

Hi,

can I ask when the outcome of this was?

I am in a similar situation. Had a no to assess, went to mediation, after a very stressful 90 minutes the LA agreed to send it back to panel and we are awaiting a decision.

The person from the LA had the power to overturn the decision during the meeting but would not budge. So it’s gone back to panel, with new evidence presented during mediation.

It was the most stressful and frustrating 90 minutes I have ever experienced. It was a dreadful experience.

elliejjtiny · 08/09/2024 11:39

Panel agreed to assess and the assessment is now done. We found out last week that panel have agreed to issue the ehcp and we are now waiting for the LA to produce a draft plan.

Good luck, I hope you get a good result for your dc too.

OP posts:
RoseScroller · 08/09/2024 11:49

That’s brilliant, it’s nice to hear a positive story. Thank you for getting back to me. ❤️

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