To feel like I’m fighting a losing battle with school?

[Glittercandle]

My DS has multiple SEN including ASD. He’s in year 7 (mainstream school) and has an EHCP detailing the support he needs.

His school aren’t following his plan. The SENCO has admitted they aren’t following it and can’t/won’t due to lack of funding - he also stated that’s it’s the same for all the children with EHCPs in the school. The school feel this is acceptable and have admitted that the next few years are about keeping DS ‘ok’ and he will get the support he needs in college as they have more funding - school is basically a crèche for children like DS not a learning establishment which helps them to reach their potential.

I have stated that I’m not happy and I plan to keep on chasing them making sure DS get what he needs and what his EHCP states. However I feel that it’s a losing battle as the school have been so open about the fact they don’t follow the EHCPs.
AIBU to keep fighting even though I know the school really don’t want to help beyond a certain point? DS is ok and actually happier than expected but academically he isn’t getting the support he needs.

You need to take this to the LA who issues the EHCP. K would be very concerned with where the funds the EHCP has generated have gone if not into educating your child.

I would be inclined to post on SN board as you would get more tailored advice
This is a disgrace from the school, my understanding is that an EHCp is a legal obligation and the school have to provide the support outlined. Can your local SENDIASS help? The school gets additional funding via the plan intended to support the child. My son is in Y8 also with ASD and although the plan is not followed to the letter he is getting some support and generally seems happy, we are not getting school refusals like at primary who provided no support what so ever.
I would certainly not let it be and explore options for taking it further

In my county an EHCP doesn’t come with funding, SENCOs seem to use that as an excuse not to provide provision. There is funding that can be applied for by the school which the school have got for DS but they are not using it exclusively for him, his TA is being shared with other in the classes.

Is he aware that they legally have to?

I'd write to complain to the head initially and if you get no-where complain to the head of children's services at council, there's a model letter here you can use.

www.ipsea.org.uk/complaining-when-the-provision-in-an-ehc-plan-is-not-being-made-model-letter-6

A second vote for contacting your local SENDIASS. I had to get them involved on behalf of my DS when the school refused to offer any support for ASD. Unfortunately, I think many schools are of the opinion that a high functioning, non-disruptive student can be ignored because they "seem okay", without actually understanding what it takes for that student to "seem okay" in school. In our case, the school stalled to such an extent that DS still didn't get any worthwhile help and so left at the end of his GCSE's. His choice of sixth form were fantastic and incredibly proactive in putting support and additional assessments into place. My advice would be to keep pursuing and if no joy then look for a school that will support him. I wish I had done this.

Have a look at sossen and ipsea for advice over judicial review. If section f of the plan is specified, quantified and so detailed that there is no doubt as to what should be provided then you need to follow the complaints procedure to the la and say that you will seek legal advice in the child's name with a view to jr. both ipsea and sossen have template letters and can give help with hat to put. If section f isn't specified and quantified you can ask for a reassessment to make it that way, if the la refuse you then have the right to appeal but you may need independent reports to feed into f. If you have the schools comments in email or writing of another form keep hold of it! If not next time it's said maybe follow up the conversation documenting what was said. Possibly think about a change of setting too, if dc is in yr 7 that's a long time to be somewhere who will just babysit and not educate.

Thank you so much for that letter template! We are having an annual review soon and I will use that letter of the lan isn’t followed.

My county is very difficult to write with and won’t for example write 1-1 hours into a plan unless taken to tribunal. The SENCO told me it’s illegal for hours to be specified in an EHCP as they don’t come with funding - I had to tell it that wasn’t true

You can take the school to a tribunal for failure to implement the provision in an EHCP. I'd be considering that route!

An EHCP is a legally binding document.

Any need identified clearly in the relevant section MUST be provided. It’s not your problem where the funding for that comes from, it needs to be found.

I would get what the school have said to you re: ‘just keeping ok’ in writing, and then go all out with a tribunal hearing over not meeting needs. Ipsea and Sos:sen! will have resources and the necessary steps to take.

This is utterly unacceptable.

"In my county an EHCP doesn’t come with funding, SENCOs seem to use that as an excuse not to provide provision. There is funding that can be applied for by the school which the school have got for DS but they are not using it exclusively for him, his TA is being shared with other in the classes."

Funding doesn't have to be detailed in the ehcp unless it's a personal budget. Funding is between the school and la and ultimately the la is responsible for making sure the Sen provision is provided.

In regards to his ta it should detail in section f (educational provision to meet needs) when his ta supports him, her qualifications. Etc

His current EHCP is really woolly and non specific so I have had DS assessed privately. His SENCO seemed supportive of that but I think that because he knows he’s not going to follow the recommendations that cost money/time. I will contact SENDIAS for help with out next review - should be next month.

I honestly don’t know that any other schools in this area are much more helpful.

Similar situation, tribunal coming up shortly. What happens if specified support still isn't provided after the tribunal?
We're also getting the EHCP reviewed to try to specify in even more clear language what needs to be ensured, but school keep finding more and more loopholes - eg X has zero sense of direction and needs someone to physically take him to each class = well we told kid Y to take him, and yeah we know he missed his intervention group at lunchtime but that's not a class, and then the teacher looked in the lunch hall despite the fact X never goes there because it's too noisy and oh X didn't eat lunch because he didn't know where to go (and it's not a class...) and then no-one could find him to take him to his lesson after lunch...

No chance I would stand for this.

Cheeky cheeky bastards!

Keep fighting and don't back down. He legally has to receive every bit of the support detailed in that document.

(Ds has an ehcp)

LadyCordeliaVorkosigan good luck! We are similar issues - DS needs a laptop as his writing is illegible, the process of getting the laptops three times a day (need to be returned at lunch and break and also no guarantee there will be one available) is so laborious DS doesn’t bother so it’s his fault he doesn’t use one

@Glittercandle get everything backed up in writing/ meeting minutes. It's absolute rubbish that hours shouldn't be detailed. An ehcp is only as good as its detail. All educational needs should be in section b and every need should have provision to meet it in section f. Speech therapy is generally accepted to be educational so should be in f if needed. Usually it occupational therapy and physio are too if required, number of hours direct therapy, their qualifications and if they are to train anyone detailed. Any equipment e.g. Laptops, iPads, certain pencils, programmes are to be included too. 121 hours and qualifications also if consistency is important something along the lines of one consistent ta dedicated to dc throughout the year with any change to support discussed a term in advance to allow for transition to new ta including x hours of contact time prior to them taking the post. If unexpected absence occurs due to sickness another ta who has worked with dc in the last term for a minimum of x hours and whom he is familiar with will act as ta. Any personal hygiene care. If he has been kept back a year, social interaction groups (hours, where, with who) Anything which he needs.

It sounds like the ehcp really needs tightening. So you don't have the right to jr in the child's name. If you have an ar coming up make sure the la education officer attends and ask for a reassessment as the provision isn't fit for purpose, do this in writing. If he needs any help with anything you don't have provision detailed for e.g. Slt say it then. By asking for a reassement you get a timeframe for the new plan and clear date when you can go to tribunal if you need to. If you amend following ar the la only have to issue the new plan (if they agree to) in reasonable time. If they don't agree then you can start tribunal.

Are they written as recommendations "could benefit from" or provision "will receive"?
The latter is legally binding. The LEA MUST provide those.

I faced similar problems with my children and their SEN. One has hypermobility and was having accidental injuries in school requiring hospital attendance. The school refused to put a plan into place, and the headteacher said one of his accidents was 'made up' as he was fine. A copy of his x-ray showing otherwise did not change her mind. With his sister, they were just awful. Refused to consider SEN, and when I went private it was found that she had severe dyspraxia, auditory and sensory processing disorder. NHS reports supported the view that she should have an EHCP, but school refused to cooperate as she was 'ok'. I now home school, with the help of internet school and private tutors. I appreciate it is not for everyone, but it works for us and the kids are thriving academically now.

The EHCP is a legal document, but you could spend years trying to sort this out and would probably need a solicitor to help you. You could try a formal complaint with the local authority, or look into alternative school provision. It is so sad that we have to fight this hard to get the best outcomes for our kids. Good luck!

'They get more funding at college' you must be joking. My son with ASD had a statement (before EHCPs) and was well provided for at school. College was a complete let down.
Make a fuss OP. Consult IPSEA and any other organisations people recommend. Go to the SEN boards and see what help other people have found.
Don't just give in. The school is in the wrong.

Thank you everyone for your help! The school seem so confident that in this climate, where schools have tiny budgets, what they are doing is perfectly acceptable.

I have just left a message for the SEN officer and will tell her I want to start DSs plan over with the new reports I have. The Ed psych DS saw did say there is a chance that county will want to make their own assessment of DS but they will probably just lift everything from her report or need to prove she is wrong.

Please get your sendiass team involved before

The review.. the school need to know you are going to hold it to account their attitude is shocking

You need to contact the LA op.

It’s really tough and completely unacceptable, but schools just don’t have any money. The funding situation is absolutely dire.

There is no point paying a senco if the school ignores sen provision.

Sossen have a fee helpline you can call and ipsea have one too but you need to book that in advance and slots go very quickly. If you are going to ask for reassessment you need to Dom it I need writing. Check ipsea for a template. Reassesment is different to annual review. If you want to include your inde reports they usually have to be within a year old for tribunal (the la will be very aware of this) but our may be able to get the inde profs to update at a lesser cost. Are these reports specified and quantified? So that the information can be taken directly from them and put into the provision? Do you know if the qualifications of the inde professionals are better than the LA's? If it came to it would the inde go to tribunal with you? Sometimes just the inde reports are good enough sometimes not. Sossen have some good little books which aren't too expensive that detail the areas of the code of practise and sen regs that you may need to refer to and give some good examples of what shouldn't be put in and what should. I found them really helpful. They also have the previous tribunals that have set the precedent for things like specifying and quantifying so you can quote them. Ipsea have similar on their website I just like to have it in my hand so to speak. good luck

Galleyfm. I wasn’t aware you could request a reassessment, thank you. I think it’s a route I would have considered if I didn’t have new reports. The Ed psych said she would make the recommendations SMART (haven’t got the report yet), she used to be a county EP (different part of the country) so she has the correct qualifications.