To be awake and feeling tearful over SEND EHCP disaster

[InBitsandInTears]

This week I got a message to say LA proposes to name a mainstream secondary school for DS and attached is an EHCP that was finalised in November that I've never seen.

I don't know why I didn't get the notice. I was told there were delays because of a backlog. It's impossible to get through on the phone.

With hindsight I am blaming myself for not doing more or doing differently.

The EHCP is a complete mess. Mainstream is impossible.

DS would far rather be at home, I feel like just giving up.

I'm really sorry you're struggling. I have a child with a disability and understand the feeling of being up through the night worrying

Can you appeal the EHCP? I think you usually only get a couple of months to challenge them (though I could be wrong) but surely they should extend this based on not being informed that the EHCP had been issued.

Has the mainstream school accepted your child yet? It might be worth going to them directly and explaining your concerns. They can refuse a place, even if it's written on an EHCP, if they can demonstrate that they can't meet your child's needs.

I'm so sorry to hear this. It might also be good to post this on the SEN board, as they tend to have more knowledgeable respondents on it.

Surely though, they should have sent a decision letter which would mention the option to appeal? The lack of that could also impact on the legality of their decision, I'm guessing. Sorry, I'm not that much help..

Sorry to hear that you’re lying awake so worked up xx
Can you start an appeal process to point out why mainstream secondary would be detrimental for your DS, not in his best interests, due to his additional needs .
Thankfully, you have the EHCP in place - I didn’t get my son’s in place until much later- mainstream secondary was too difficult for him to endure ( he was diagnosed with ASD at 14) and he barely attended from y7.
Big hugs xxx

I'm sorry you're going through this. The system is a mess in many counties. Does your LA use an electronic or paper based system? Wondering how they think you were informed. Surely the school must have known as they'd receive the funding?

Thank you for your kind sanity.

I don't know if I have any chance of being allowed to appeal because the online system says I was sent a secure email in November (which I didn't see until today).

I can't help thinking why didn't I do X, Y or Z and find out about this before. I wasn't doing nothing though, it's only with hindsight I can work out what I should have done IYSWIM.

I need to reply saying mainstream is not suitable. I could and probably will make an attempt to see the secondary Senco on Monday.

I just feel defeated. I have been fighting for a transfer to specialist provision - with support from the primary Senco - since December 2024. Its been one cock up after another with the LA.

Contact Sendias on Monday and explain the situation - they’ll be helpful and guide you onwards xx

Thank you for your perspective @Londog you are right, its good there is an EHCP. Unfortunately it is extremely defective.

An emergency review in November was supposed to correct the errors from the cock up in Year 5 but it's still an utter mess. I wish I had seen it when it was finalised I would have appealed immediately because it's so totally wrong it basically describes a child who doesn't exist.

@Plunck it's an electronic system.

I tried to log on a few times over the months since the review information was sent i by the school but for some reason couldn't log in. Then when I got a new message I could log in again and a few days later came across this 'letter' and finalised EHCP from November.

Perhaps I’m being unreasonable but I have no faith in the system now so I assume I will be told it's my fault if I didn't see the message when it was sent.

Do you remember Arthur Dent finding the planning notice in the bottom of a locked filing cabinet in the Council offices?

It's surreal but at the same time I'm blaming myself for not being a better advocate for DS.

Can you go through it point by point and refute it? Sorry not sure if that’s how they work or are laid out, you’ll def get better advice on the SEN board.
so if it says X is settled well in the classroom and takes part in playground activities-
you could refute with
X struggles within transitions in the school day, the noise and busyisness of activities ending and pupils and adults moving around the classroom and corridors is stressful and overwhelming?

They will have to finalise the EHCP again, naming a school in section I. This will give you the right of appeal.

What does the section I currently say?

Think my tiredness has caused me to invent a word there..

Can you speak to the school in question on Monday & see if they can help you appeal against it. Surely they will be of the same opinion as you.

try and get some rest cos there is not much you can do till Monday. Don’t beat yourself up about not seeing the email. Thats happened & in the past, you know now so can take the action you need.

sounds exhausting that you have to fight for all these things & they aren’t being done right

I can't really see the wood for the trees @EvangelineTheNightStar (what a lovely username).

@Avantiagain section I says mainstream Primary. DS has been attending 50% at school including lots of time not in the classroom and a variety of alternative provision over the last 4 years. Current AP not mentioned in the EHCP although information submitted.

What are all those acronyms? What are you saying?

I will object to a mainstream school being named and I will probably find a way to say the EHCP is seriously defective. I'm not sure about putting a lot of time and energy into the fight though. It doesn't feel winnable. There is no ideal placement and there is such a dearth of specialist places DS has already missed the chance of getting one.

Wouldn't it be better to resign myself to no school being available?

I was just going to ask whether you’d identified a specialist placement that is suitable - this is the reality in many areas, there just aren’t any alternatives so kids get pushed into m/s for want of anywhere else and then the LA can say “we gave you a school”.

I’m so sorry - it’s such a mess and there’s no easy answer. As others have said I would contact the secondary SENCo and your local SENDIASS on Monday and get some robust advice. I would also add your edits to the EHCP as soon as possible and submit it back to the SEN department.

https://www.ipsea.org.uk/

These guys are very good too.

If you're on Facebook Empowering Families - SEND and EHCP Help and Support are very good

Not much help as I’m on my way to work - just to say I get you. My DC is a bit older than yours and I’m waiting to hear about specialist after I called an emergency EHCP review. It’s been brutal.

PLEASE do not blame yourself: it will get you nowhere other than to make you feel crap. You’re doing your best in a broken and far too complicated system. It really shouldn’t be this hard 💐

i really feel for you. This process is awful and we’ve just been through it. The LA will always name one mainstream school, they're forced to and it will likely be your most local one. Then they name SEN schools too.

In our case we were extremely lucky in that the SENCO in our local mainstream was a horror. She clearly did not want to deal with my daughter’s needs and took a massive dislike of her on the open day. The day she got the EHCP she rang me and said theres no way the school will accept my daughter. So that’s how we got a place at a SEN school for September.

If I were you I’d get this mainstream school on your side. They can say to LA they can’t meet needs and then the LA can’t send him there.

It’s a luck of the draw which is awful. Everyone I speak to - doesn’t matter how much the child needs a SEN school. It all comes down to whether this one named mainstream says yes or no.

So sorry this is happening. But you can always appeal and if it ends in tribunal you’re very likely to win. Everyone I’ve heard of who’s ended in tribunal have got a SEN school in the end. Tough process though.

@Oneofeachclub - thanks for that! Just applied to join

Unfortunately your second paragraph isn’t entirely accurate - schools often say they can’t meet need and the LA will just direct them to and name the school anyway. I’m working with several families in this situation - it’s very common 🙁

Seriously? That’s awful. When that SENCO rang me she was adamant the LA could never force them to take my daughter. I then asked the LA who said they needed a formal response from that school and would then take that into account. So we got a place at a SEN school. Do you think we would have regardless? Such a confusing process and I feel for OP.

The LA can force admissions into any school via EHCP except fully independent schools. They would have to provide evidence that the placement will be either unsuitable to the child or incompatible with the efficient use of resources. Even being oversubscribed wouldn't stop a school being named on am EHCP being forced to take the child.

@Chai88 Your experience is in the minority I'm afraid.