Really need some advice re awful LA behaviour and EHCP delays

[blackgreenandgrey]

posting here for traffic and could do with some wise words re next steps:

• child has complex needs. mainstream placement broke down last autumn, since then not in school as mainstream won't allow them in as they cannot meet need.
• did parental EHCP request and that sailed through initially. We had a very detailed EP report making a clear case for a specialist setting (class sizes of max 5 etc) and LA agreed to issue. Plan due in Feb.
• multiple schools were consulted, all specialist settings. Only one said they can meet need. It's an independent setting and £££.
• case went to panel and it was decided that the placement is an 'efficient use of public resources' or word to that effect. Plan not finalised, and no alternatives offered and impossible to get hold of anyone in the LA. Emails ignored, phone calls not returned.
• Sent IPSEA template email about failure to finalise and threat of JR to all people with power in the EHCP team, to the directors of education and children's services and gave them a week to respond and to finalise. I also contacted my MP and the local councillor for education.

Not a single response, not even an acknowledgement of my email. Of course, no final plan either.

Anyone dealt with someone like that? I am so fed up by these people in the LA who think they are above the law. I am so worn down by it all. It's hugely stressful having a child excluded for education for so long. The EHCP is almost 3 months overdue and nobody cares. Anyone been in a similar situation. Is there anything else we can try or do we really need the solicitors for a JR (Sossen have a wait and we are on a tight time line with only very few places left in the school who offered us a place so would probably have to fund it for speed). If anyone has any other ideas please hit me. I will not go to the press or so before anyone suggests that. Not for me, nor for my child.

OP - a PAP worked for us, when the LA refused to make a decision on a specialist FE college placement for DD1. We didn’t have to go to JR. We used Simpson Millar for that one, although I’ve also used Irwin Mitchell (community care) and Sinclairs for PAPs. I was perfectly happy with all three of them.

I have never made a formal complaint before a PAP. I did make a formal complaint and complaint to the LGO last year on another matter, not education. It takes too long for the situation DC is in, OP!

We also found our true blue MP was useless, so don’t hold your breath there, either OP!

Thanks, good to know that the PAP might just do the trick. it's bonkers

Do you know if you can make a complaint to the ombudsman afters it has (hopefully) been sorted about the unlawful delays and the stress caused, lack of education, loss of earnings (I had to reduce my hours due to the situation)...?

Follow strivingforsheep's advice. There is a strict timescale for judicial review so of you're going to get a pap letter you need to get on it sooner rather than later. Sossen can write pap letters but there is usually a waiting list but they may also be able to point you in the right direction for a solicitor that could write one.

We had to issue a pap letter when section f wasn't followed and the la had used multiple excuses to delay. It does usually work. If it doesn't and you end up in the unlikely situation of moving forward with jr, it's usually done in the child's name with legal aid so the only cost to you is the pre action protocol letter.

Phone sossen asap for some advice. Ipsea also have an advice line but it can be really hard to get through.

I think you'll have to start as you mean to go on from now on and force them to do everything correctly via legal means (timescales, wording etc). You'll get there, it's just a long slog.

While I'm thinking....

Your child shouldn't be left without an education, the LA has a statutory obligation to provide something even if it's a tutor at your house (full time doesny equate to full time school hours). You may also have to goto tribunal when the ehcp is eventually finalised. You'll likely need inde reports, ask sossen about the charity that can help fund these if money is tight (I can't remember it's name).

Also have a think If there is a school where you think can meet need, why and if they have places and if they feel they can meet need. This is so you can look at what needs to go insection f so that another school can't be shown to meet need too at tribunal. It's best to be thinking about this in advance.

https://sossen.org.uk/services/helpline/

https://www.ipsea.org.uk/call-in-helpline

https://www.ipsea.org.uk/judicial-review

https://sossen.org.uk/applying-for-a-pre-action-protocol-letter/

I didn't instruct a solicitor. (I am a solicitor, albeit with no experience in this field, but I’m not sure whether that made a difference).

We went through the formal complaints process (stage 1) to get our on-permanent-sick-leave, utterly useless case officer removed from DS’ EHCP after delaying finalising the EHCP to an almost comedic extent. I made sure everything was in writing (“this is the 17th time I have asked for an update since x date” etc). I then emailed the director of children’s services to ask whether she was aware of how much SEN children were suffering under her stewardship as a direct result of her incompetent staff. I got a shirty reply from her PA, but it resulted in a shit-hot case officer being assigned to DS. She emailed to introduce herself and I politely replied asking for a prompt decision on the named school so that we could move forward, explaining that I would no doubt meet her in person at the Tribunal. They agreed the provision without any further messing about. 🤷🏻‍♀️

So in my case, losing my rag and getting a decent case officer solved the problem although I realise that’s an unusual outcome. We’re in Wirral if it helps.

We won't need indy reports. We have an incredibly detailed EP report from the LA EP making a very clear case. Small class sizes (max 5 students), very specific on the setting, staffing, training/qualification of staff and interventions needed (how often, by whom etc). It's very specific and all of it is reflected in the EHCP. Is really well written. There is absolutely not wiggle room. Hence I don't understand why they aren't giving us the only setting that can meet need.

Apart from the indy offer, all other schools said they cannot meet need (even special schools). There is absolutely nothing else unless we look at schools 30+ miles away. The school we want is walking distance to our house. They would not even have to fund transport and would save a lot of money there .

I already contacted the director of education and director of children's services with an emailing detailing where they failed in their statutory duty and threat of JR. Nobody bothered to even acknowledge this.

Which LA is it @blackgreenandgrey ? PM me if you’d rather not say. Lots of pupils at DS’ school travel from throughout the NW.

Yes similar experience. They don’t want to Gina lose because once they do you can go to tribunal. It was a year wait for tribunal for me and the LA following this have just turned around and said it’s too expensive they won’t be providing half the plan. My son has had no school place for 3 years now and I do t have the money for JR. I e even seen one mum ranting that she did JR and the LA still won’t provide her child with an education.

i really don’t know what the solution is. It’s terrifying. I’m not paying off my mortgage or into a pension, I will be condemned to poverty in my old age. I’m judged now for not working despite not choosing this life for myself or my family. Then my son will be an adult and if he’s able to live independently what are his prospects with no education? He will be blamed for that too and face judgement his whole life no doubt from those who haven’t had to navigate the SEN system.

the advice should be formal complaint all the way to the end get the plan finalised and then tribunal if they still won’t provide it. Buckle in for a long fight and lots of stress and just prey the LA come around

OP, what are the other reports like? OT, SALT, etc.

Just so you are aware, the LA may name a non-wholly independent school even if the school objects and force you to appeal. No, not right, but it is not uncommon for LAs to do that.

@Burntt you don’t need money for JR proceedings themselves. JR proceedings themselves would be in DS’s name, so he can be eligible for legal aid in his own right. This wouldn’t cover the pre-action letter, but if you aren’t eligible for legal aid and can’t afford one elsewhere, SOSSEN offers them free of charge. Yes, there is a wait, but it is better than doing nothing.

@Perzival are you thinking of Parents in Need?

@StrivingForSleep Salt report good, no OT report but it's not really needed as very few sensory issues. We are very happy with the reports we have and the highly detailed draft plan. The contents of the plan are great. We just cannot get them to name a school.

There is a maintained school who said they cannot meet but we think they possibly could. We would be happy with that placement too but the LA won't name that school neither.

OT is about far more than sensory needs. Personally, I would look at an independent OT report. I would also double check the wording in F because LAs rarely issue a watertight draft initially and it isn’t uncommon for parents to not realise the wording is unenforceable until they need to try to enforce it.

You can, but my education solicitor, who had previously a franchise for legal aid in education and did some early Paps for me, when DD1 was young, but lost it, when legal aid was “reformed”, always used to say to me:

”Leave it! You’ve got what you wanted!”

Unfortunately, whether we like it or not, parents are likely to have a long term relationship with their LA, and it’s better to be regarded as “reasonable”. There is also a question of how much stress can you take - you might find by the time, your solicitor has threatened JR; and you’ve been through a tribunal to get the EHCP, you feel exhausted? You just want a rest! It can be best to regroup and save your energy for DC.

I went to tribunal 4 x, and threatened JR about 7 x, although some of those JRs were about social care. My solicitor told me “They regard you as reasonable, but no pushover!”

We had it double checked. It's really tight. My older DC also have EHCPs. I have done a tribunal about wording and content before. I am quite seasoned when it comes to this stuff but I am not making progress here for my youngest. I am not worried about the plan as such. Just the refusal to finalise.

That’s fine, just thought I would mention. I would still look at OT.

@StrivingForSleep possibly Parents in need, I honestly can't remember but do know sossen have referred/ recommended a charity that can help with the cost of inde reports in the past.

I find it unusual that section f would be issued watertight on first attempt. It is very unusual. I've never come across it.

The other thing with an OT report is that it may highlight needs and required provision that haven't been included. If your ds struggles with anything such as handwriting, stamina, sleep, walking, joints, taking a long time to learn tasks (lots of practice required) as well as sensory. It would be worth and reasonable to request. Other professionals shouldn't be detailing needs/provision out of their remit and the LA have a statutory duty to detail all sen in section b with provision in f. You can argue that without the assessment (if reasonable to request) they have failed this duty.

OP please be mindful of the time limit for jr.

Sorry just seen your reply re wording.

In addition to @Perzival’s list of things OT can cover, it can also help with things like emotional regulation, MH difficulties, PfA.

The OP’s situation is ongoing so the normal time limit for JR isn’t so relevant as the breach is ongoing.

As it costs nothing try appealing without the final plan and ask the tribunal to waive this requirement - They may do so based on the panel decision I have seen them waive requirements before and nothing is lost if tribunal says no. The tribunal will be concerned about the child being out of education and not being able to hear the case before sept if more delay. So it may let you file the appeal in which case then ask for it to be expedited.

be very careful how you word a pap so you don’t lose the right to go to ombudsman for past loss education. You can’t use two routes for the same loss. You can pap for no s19 education now but don’t ask the court to consider the last year or you will forfeit the ability to get a payment for that period via the ombudsman later.

locally paps are being ignored it’s a total s**tshow. I don’t think normal exists in Sen teams anymore.

Only the council or tribunal can name the school you want - the LA will be hoping to find a cheaper place by the time an appeal is heard so I would try and persuade the tribunal to register the appeal based on what you do have.

Yes, i'm just conscious of the LA giving an excuse/ playing games. Op it's worth going through all in the info that you'll get following the pap letter (the letter should ask for all info related a bit like a sar) to see if there is anything else missing or anything that may be useful in tribunal if needed.

So we just don’t provide education for those kids who need it? Let them become adults who aren’t supported or educated AND remove their disability payments because we think they should be out working?

When I’ve looked at past LGO decisions, amounts awarded to children/parents for lost education have been pathetic imo.

Send your complaint on to Ofsted they inspect SEND services - they don’t investigate complaints directly for parents but will take your information for the next inspection of the service and use it to focus on areas of concern. They might also make contact with the LA about it, without contact with you or letting you know they are doing this and will also be wondering how many other parents are this LA doing this to? CC in the director of children’s services and title email ‘concern to Ofsted LA denying my right to lawful appeal by not issuing a plan’. That will get their attention - you might not get a direct response but worth a shot seeing if things suddenly move forward before you pay out for the lawyers.

i have just looked at recent LGO decisions, and awards for lost education aren’t bad - it’s just a question if you have the energy for it, after the tribunal?

The LGO has 12 month rule (sometimes extended) so you shouldn’t wait until after tribunal to complain