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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Ehcp worry

30 replies

headiiinthecloudss · 09/07/2022 18:30

Posting for traffic

I have a meeting next week for my child's annual ehcp review ready for starting year one after a year in reception.

I have noticed much of the provision section is quite vague, it says 'opportunities for' and 'will be provided with' when referring to 1:1 time or small group work. It isn't clear and specific.

This wasn't really an issue in reception, but year one is a more formal way of learning and it worries me.

I am certain they will not be able to access the curriculum and understand the work without a high level of support for things like English/phonics/maths.

They don't need a 1:1 for the whole school day but for certain aspects of learning they will.

How difficult is it to get it written into the ehcp that they will be provided with X number of hours per week 1:1?

I worry that without it being clear, the school will just do what they can when they can, and I won't have a leg to stand on if my child struggles.

OP posts:
Madcatwoman123 · 09/07/2022 18:38

In my experience this is a common problem with Local Authorities who write non-specific EHCP's to avoid the funding requests that would come from schools.

Legally section B of the EHCP must be detailed with quantified support in it, but I think some EHCP teams operate on a principle of many parents being unclear on the regulations so, therefore, they can get away with being non-specific.

This link to the IPSEA website outlines what the regulations say www.ipsea.org.uk/what-should-be-in-the-sections-relating-to-education-sections-b-and-f#:~:text=Section%20F%20should%20contain%20special,or%20services%20are%20locally%20available).

My advice would be to go through the EHCP with a red pen and make notes of what needs to be in there, referring to any professional reports where you have them. I re-wrote my daughter's EHCP as it was so poor and the EHCP soon learnt I was informed. You can also get support from your local SENDIASS team (I hear they are hit and miss but mine was brill) or try to book an advice slot with IPSEA

LoonyIdea · 09/07/2022 18:41

Section 9.47 of the SEN Code details how provision (section F) should be written. It will largely depend though on your reports in section K. If they are vague, the plan will be vague as well.

so firm up the advice in K, get them to issue the plan without delay and then appeal sections B and F. (Form is SEND35)

IPSEA and SOS SEN can help.

MardyBumm · 09/07/2022 18:41

I'm not sure if it is dependent on where you live, but in my school, the SENCO has to apply to the borough for the funding and it is only written in once it has been granted. It is reviewed on an annual basis. The school can't afford to guarantee hours without the funding.

LoonyIdea · 09/07/2022 18:47

Mardybumm that’s local guidance and non statutory. I appreciate you’re trying to help but in this case it doesn’t.

LargeLegoHaul · 09/07/2022 18:48

MardyBumm · 09/07/2022 18:41

I'm not sure if it is dependent on where you live, but in my school, the SENCO has to apply to the borough for the funding and it is only written in once it has been granted. It is reviewed on an annual basis. The school can't afford to guarantee hours without the funding.

This is unlawful. Any amendments made to the EHCP by the LA as a result of an AR must be based on the child’s needs, not on funding. Funding isn’t the parents concern, parents should focus on ensuring section F is specified and quantified then it must be provided.

I agree with Lougle, if reports are vague and woolly section F will be too.

LargeLegoHaul · 09/07/2022 18:49

LooneyIdea not Lougle, sorry.

headiiinthecloudss · 09/07/2022 18:51

Thanks for replies

I guess I don't want to turn up to the meeting making requests that might seem ridiculous to them! So it's good to know I'm not expecting something crazy. I'm still new to all of this.

It just stands out to me that nothing is quantified or specific.

OP posts:
LoonyIdea · 09/07/2022 18:53

It doesn’t matter what they think. You will soon realise that they are not on your side.

BiscoffSundae · 09/07/2022 18:54

My daughter has a full 30 hour 1:1 all day at school yet it’s not mentioned at all in her ehcp I posted a picture on here as I’m having some problems with school and was told her ehcp is very vague

LargeLegoHaul · 09/07/2022 18:58

You are right to be trying to sort this now. Too many parents don’t realise the EHCP isn’t worth the paper it is written on until their DC isn’t getting the support they need and they can’t enforce it.

Sorry LoonyIdea, for getting your name wrong twice. Blush

headiiinthecloudss · 09/07/2022 18:59

BiscoffSundae · 09/07/2022 18:54

My daughter has a full 30 hour 1:1 all day at school yet it’s not mentioned at all in her ehcp I posted a picture on here as I’m having some problems with school and was told her ehcp is very vague

When I have questioned things in the past the Senco always talks about funding and staffing, which isn't my problem, but it makes me feel quite worried that my child is going into the next stage of learning and will need proper support.

OP posts:
headiiinthecloudss · 09/07/2022 19:03

LargeLegoHaul · 09/07/2022 18:58

You are right to be trying to sort this now. Too many parents don’t realise the EHCP isn’t worth the paper it is written on until their DC isn’t getting the support they need and they can’t enforce it.

Sorry LoonyIdea, for getting your name wrong twice. Blush

This is what worries me.

"Will be given opportunities for 1:1 input" could literally mean 10 minutes a week if they wanted it to and I wouldn't be able to do anything about it.

I'm not suggesting that's all they'd get, but I imagine it would be the first thing to be scrapped if they were short staffed.

OP posts:
x2boys · 09/07/2022 19:04

Do you have s local Send independent advisory service in your area?
They can come to meetings with you and help you advocate for your child ,my child is at a special school so has a full time EHCP but I remember when he transferred t from the statement of special educational needs to the EHCp there'd were a few things I wasn't happy with and I got the LEA to rewrite parts of his EHCP to be totally clear and black and white

headiiinthecloudss · 09/07/2022 19:07

x2boys · 09/07/2022 19:04

Do you have s local Send independent advisory service in your area?
They can come to meetings with you and help you advocate for your child ,my child is at a special school so has a full time EHCP but I remember when he transferred t from the statement of special educational needs to the EHCp there'd were a few things I wasn't happy with and I got the LEA to rewrite parts of his EHCP to be totally clear and black and white

I will look into this, thank you

OP posts:
LargeLegoHaul · 09/07/2022 19:09

Be careful with SENDIASS, some are good, but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are a better source of information.

jonesdarcy · 09/07/2022 19:10

Unfortunately LAs just like to quote their EP reports so if it's not specified in the EP report then it won't be in the plan. The easiest way to get 1:1 specified in the plan is to get an independent EP who is used to doing tribunal work to assess and write a report for you. Even then it's likely you'll need to appeal and take it to tribunal to get the LA to agree. It's expensive and stressful but worth it.
If you can't afford that follow IPSEA advice. Ask the LA for all the changes you want now (provide evidence) and then once they issue the updated EHCP appeal it if you aren't happy.

headiiinthecloudss · 09/07/2022 19:13

jonesdarcy · 09/07/2022 19:10

Unfortunately LAs just like to quote their EP reports so if it's not specified in the EP report then it won't be in the plan. The easiest way to get 1:1 specified in the plan is to get an independent EP who is used to doing tribunal work to assess and write a report for you. Even then it's likely you'll need to appeal and take it to tribunal to get the LA to agree. It's expensive and stressful but worth it.
If you can't afford that follow IPSEA advice. Ask the LA for all the changes you want now (provide evidence) and then once they issue the updated EHCP appeal it if you aren't happy.

We do have an EP coming into the review so that's useful to know

OP posts:
Bonkerz · 09/07/2022 19:22

I'm my county anything under 16 hours 1:1 doesn't come with extra funding for school and is expected to be paid for from school funds.

x2boys · 09/07/2022 19:26

LargeLegoHaul · 09/07/2022 19:09

Be careful with SENDIASS, some are good, but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are a better source of information.

Ah that's a shame in my LEA the SENDIAS staff have all been special needs parents themselves and are incredibly passionate about the work they do but obviously I can only talk for my LEA

headiiinthecloudss · 09/07/2022 19:31

It worries me really that parents often have such negative experiences from people who should be making sure vulnerable children are being supported adequately.

It often feels like a battle , and like you always have to be wary incase someone isn't doing something in the best interests of the child but to save money.

OP posts:
BiscoffSundae · 09/07/2022 19:33

Sendiass are rubbish in my area, it’s email only and I’ve emailed them so many times and they never respond the time they did Respond was to give me a link to the ipsea website which is all well and good but I couldn’t get through to them After trying for ages which is why I was contacting sendiass thought they actually offered some kind of real life support

x2boys · 09/07/2022 19:42

BiscoffSundae · 09/07/2022 19:33

Sendiass are rubbish in my area, it’s email only and I’ve emailed them so many times and they never respond the time they did Respond was to give me a link to the ipsea website which is all well and good but I couldn’t get through to them After trying for ages which is why I was contacting sendiass thought they actually offered some kind of real life support

That sounds like an awful service in my LEA the SENDIAS work alongside our local parent carer organisation and put on really helpful courses for parents at all different stages of their child's education and go above and beyond, but I realise this is just my experience.

LargeLegoHaul · 09/07/2022 19:43

If you need to appeal and can’t afford independent reports and don’t qualify for legal aid contact Parents in Need who can sometimes help fund reports.

I'm my county anything under 16 hours 1:1 doesn't come with extra funding for school and is expected to be paid for from school funds.

^^This is local policy and can be challenged.

x2boys · 09/07/2022 19:52

I do think that the quality of SEN education is very variable and very dependent on the Area and needs of the individual child

itsgettingweird · 09/07/2022 19:52

It's not easy.

But as other posters have said it's the law. They must quantified and specified and if they aren't you can go to tribunal.