EHCP finalised despite objections + SALT outstanding – appeal or wait?

[Treaclebear]

Hi all,

I’d really appreciate some advice.

My DD (6) has just received her finalised EHCP. A school has been named and we’re genuinely pleased with the placement.

However, I’m uneasy about Section F and the way the plan was finalised.

We are still awaiting a (SALT) assessment, yet the LA pushed to finalise the EHCP anyway.we were still more than a month left of the 20 weeks deadline.
I did object multiple times:

• at the co-production meeting
• after the meeting
• and again at the first draft stage/ second draft.

My concerns were about vague wording in Section F, particularly:

• Provision described as “up to 2–3 times a week”
• An outcome for maths stating “daily support” without clear frequency, duration or level of adult input.

When I raised this, I was told:

• “No child gets 1:1 TA” (which I understand)
• The SENCo felt the provision might already be “too much”
• stress on school staffing.

My worry is that “up to” could technically mean very little or even nothing, and that if my daughter doesn’t make progress she hope for, it could be argued that sometimes she just doesn't need it.
she's great at masking!!

Others are telling me to trust that a good school wouldn’t interpret it that way. but I’m uncomfortable relying on goodwill rather than clear wording, especially when SALT hasn’t assessed yet.

So my questions are:

• Should I appeal Sections B & F now, given SALT is outstanding and my objections were already raised?
• Or should I wait to see how the EHCP is implemented, then request an early review?
• Has anyone successfully amended Section F after SALT input without appealing?

I’m keen to stay on good terms with the school, but also don’t want to miss my chance to tighten the plan.

Thanks in advance.

I know a child who was given 'up to' and it wasnt enforceable so he recieved zero.

Its also not that easy to get things amended annual review in our experience. It was easier to appeal at issue.

But that said, my sons ehcp is a bit wooly because when we were too prescriptive everywhere said they couldn't meet need in the consultation and once he was in the right place they were amazing.

Thats not much help. I just understand your dilemma. Im a bit concerned the senco is already explaining why salt and maths support cant be specified though.

Appealing isn’t a reflection of your opinion of the school, it’s to get the EHCP written so it contains specific, quantified provision and is not vague or open to interpretation.

Do you have a date for the SALT yet? Do you have or intend to have any private assessments (as their reports will be much better)?

Tribunals are currently taking 14 months and the likelihood is that the LA will not add the SALT provisions whilst you are in the process of appealing which can be off putting. However, the EHCP should be written legally and you won’t have anything to fall back on if you don’t appeal. Just because the current school might be agreeable
to the provision your child needs doesn’t mean any future school will.

LAs often justify leaving an EHCP woolly on the basis that the schools know best how much support to deliver.

I would be wary that the LA are trying to rush to finalise the plan without assessing need. How can a placement meet need without knowing what needs are?

Getting all needs assessed and writing a properly specified and quantified plan at the outset is vital. I doubt you can achieve this at annual review.

If I were you I would appeal parts B and F at this stage. And also be aware that currently named placement may not be able to meet assessed need and provision to meet need so include placement on appeal.

Placement should not drive assessment and provision to meet need.

You need to be prepared to commission private reports from not only SALT but EP and OT if relevant with practitioners able to produce reports for tribunal and attend as expert witnesses if necessary. Prior to hearing the LA will pull out all stops to conduct assessment.

Your priority is advocating for your child not keeping a particular school onside.

You are wary of relying on goodwill in exchange for legal protection for good reason.

the needs need to be in black and white.

We appealed our DDs EHCP the day it was agreed. The section F was utterly laughable, but because the case worker had changed 12 times through the application we were told to agree it or it would be refused.

Quick bit of research and we could appeal from day 1 to get the actual provision agreed.

It’s an utter nightmare and the system is not fit for purpose.

Good luck OP

Appeal. They want you to have a vague and legally unenforceable EHCP. That's no good to your dd. And the bit about 1:1 is bollocks.

I regret allowing our EHCp to be finalised without sufficiently tight wording

It really really matters line by line what section F says

for example. My childs says 'constant adult support' - she needs 1 2 1 for at least part of her day that is the reality of her primary school experience.

But school are arguing 'constant adult support' means there are adults around ie. she might be near or in the same room as an adult who is responsible for her.

The out come of this is my child is not in school as she can't cope

It is insane the hoops we have to jump through - I am trying to get hers amended and its a nightmare.

agree they dno't want to be held to anything - we had legal advice and he said unless it is absolutely watertight line by line (ie. in our situation we need it to say must have TA time on her own or small group of at least 20 hours a week etc something like that)

Provision should never be written as 'up to'. I write reports for EHCP and would write 'reviews a minimum of termly, with more if .... and give the circumstances when more would be indicated'.

Some children do get 1 to 1 full time in mainstream, but very rarely in specialist provision as ratios are already high.

Ours don't go through until all professionals have completed, all our therapy team have 2 months to complete assessment and report from day requested, and if we can't we have to give a specific reason, such as family outside country, child missed appointments etc. It can't be due to lack of staff.

Appeal B&F. It doesn’t matter that the SALT assessment is yet to happen, you can still appeal. A vague and woolly EHCP isn’t worth the paper it is written on.

Don’t rely on the LA amending at a later date even if they promise to do so. There is no guarantee the LA will amend at a later date. There is no guarantee they will agree to an early review, and even if they do, there is no guarantee they will amend/amend to a satisfactory standard, especially if they see you haven’t appealed previously.

1:1 can be provided. ‘Up to’ is far too woolly.

“An outcome for maths stating “daily support” without clear frequency, duration or level of adult input.” This isn’t an outcome. It is provision. It should be in F, not E.

@Bushmillsbabe if you work for the NHS (I think you have previously said you do on other threads), you should be responding within 6 weeks of the request, rather than 2 months, as per Regulation 8(1) of The Special Educational Needs and Disability Regulations 2014 unless one of the limited exceptions applies.