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.

If all else fails you could ask the primary SENCO to hold an emergency review and redo the plan. Once it again goes to draft you can then object to any inaccurate content left in by the LA. Not ideal and a last resort if SENDIASS can’t help you forward differently but an option to at least have a plan that reflects your child.

What advice have the primary school given you about schools? When applying for secondary did they not support you at all then? I am a bit confused whether you picked a school and are not being offered it, or if you didn't know about looking at schools and selecting one.

You were very lucky - schools are forced to take many students that they refuse at consultation stage. While in your case it worked out for you, mainstream schools couldn’t be allowed to turn down any pupils that they deemed to be too challenging as that would be seen to be discrimination - especially for those parents who want a mainstream option. Local authorities can’t direct independent schools but they can direct all maintained schools.

In fairness I can see why local authorities have to force schools to take a pupil sometimes.
A friend went through this process with her son a couple of years ago, all the state secondaries they looked at (her child didn't need a SEN school) initially refused and claimed they could not meet need. Friend challenged and her son got a place at the mainstream school they wanted which had initially said could not meet need. Her child has been absolutely fine at the school, they have not struggled to meet need at all. Child attends mainstream classes, is socially integrated and has plenty of friends etc. If anything it seems like the high level of support they have is more than is needed at times.

I think schools just instinctively refuse to accept SEN pupils because they know these children are less likely to bag a set of high grades at Gcse.

If we’d wanted a mainstream, we could have named as many mainstream schools as we wanted. And we’d likely have got a place in one. But as we wanted a SEN school we were told one mainstream had to be named, but the rest could be SEN.

Our daughter’s EHCP highlights the need for 1:1, small group learning and daily TA support. Our local mainstream has no TAs and no possibility for 1:1. So they said under no circumstance could they take our daughter.

The LA told us they can consult with s41 schools but not non-s41. In our area we have both, so we got a place at one that the LA could consult with.

Could you afford a SEND advocate to help you? I have experience with Sunshine Support and I bet they'd support you in this.

Appeal (if you still can) or call an emergency review on the grounds that the EHCP as stands isn't taking into account your child's current challenges around attending primary.

My son moved to specialist in Y6 and is now in Y7 so this KS transfer is fresh in my mind.

Don't panic, don't catastrophize. What is done is done and have faith in yourself being able to advocate from here on in.

One child I knew didnt start his specialist setting until December of Y7...he was kept off school until this point..there is still hope and time.

The primary Senco did suggest a possible specialist setting and I visited and investigated others. In the end I named 3 possible places - none a perfect fit - which I thought could potentially work.

I know a school can be named against it's will, unless wholly independent. I'm less clear what my obligations are if an unsuitable school is named and finalised.

@Steamingcupofdarjeeling that's very interesting and helpful. Thank you for saying don't catastrophise. I gave that some thought and I'm not convinced (but keeping an open mind).

I'm certainly upset but I think I might be facing a very unwelcome truth.

There are not enough suitable places for the children that need them.

In a mainstream classroom you might shoehorn in a few extra kids so 32, 33 in a class set up for 30 but 35? 45? In a specialist setting with a class of 8 plus teacher and 2 TAs can you add in one or two or five extra kids and another TA?

A school or class over enrolled by 5% might be a little awkward but over by 20% or more changes the environment completely for everyone.

And what about the perfect fit? If there's just one specialist place available and a queue of kids needing somewhere wouldn't it be expected, and right, that the place will go to someone who's a perfect match?

Do you have any professionals reports that suggest your child needs a specialist setting? This could help your case. Its parental choice where a child learns but it would be wise to have some evidence of why specialist is the best option. SENDiass are usually really supportive and will often attend meetings. SENCo will need to hold an emergency AR (they will need to ask LA), about this.You can request it as the current EHCP does not reflect his needs, you can ask the SENCo from the proposed Secondary school to come, they might then decide they can't meet needs after hearing his actual profile
. It's not too late, there are movement in school places right up to September.

I would play it as a clerical error on their part. If the description doesn’t match your child it might very well be for a different child

I would send it back saying that you don’t recognise the description as your dc and it is obviously a mix up and could they send the correct one.

Tell them that you only gained access to this in the last few days and whilst it was dated 1st November, you were being told the report hadn’t been finalised so confirming that this isn’t your child’s report.

Then separately go through every single point with a reason this isn’t correct so you can argue it if and when they come back and say the report stands

You say they have told you you have been allocated a mainstream secondary school, but the EHCP only refers to the primary school, is that right ? That means the LA should be sending you another final EHCP re secondary school (they should have done this by 15/2) which will give you a new right of appeal. I suggest you go back to the LA and say the final EHCP for yr 7 is overdue and you want it by the end of the week or a formal complaint will be made.

If you want a specialist placement you will need evidence to show why. It sounds like your DS only attends school part time with part time AP. It seems logical to argue that he won't manage in a big secondary school if he can't do so in a primary. However, the LA have probably written the EHCP so on paper at least it could be provided by a mainstream school.

You may need to get a private assessment from a educational psychologist so you have evidence for the changes needed to the EHCP to point away from mainstream.

If I redo all the work that has already been done, to no avail, it will take huge amounts of time, energy and money.

I would have to take away the support I give DS.

Push the LA to send you the EHCP for year 7 and then appeal.

"You may need to get a private assessment from a educational psychologist so you have evidence for the changes needed to the EHCP to point away from mainstream."

There is one. It states specialist needed. At the emergency review lots of elements from this were put into the draft. The report was attached. Not present in defective finalised document.

Ok, good start. You need to appeal and send the report as evidence. I can't imagine a child who can only attend primary school part time is suddenly going to be able to manage mainstream secondary school without any issues.

Do you have any idea which school you would like ?

I really do appreciate everyone's encouragement, support and advice. I'm sorry if I sound negative. I really did do all the right things in the autumn. It was exhausting. I didn't expect my first choice but I had some hope. I didn't anticipate the EHCP would remain a complete mess and I didn't expect to be offered something completely impossible.

Sorry that this is happening to you. Please do not blame yourself- you are doing a terrific job. Your son has an EHCP which is brilliant.

Not sure how it works with Primary to Secondary move but you can call for an early review of the EHCP. That really helped with my son.
Hope it all works out for your son.

u turn coming soon!

Yes, they have had the report already. The senco attached it, it was extensively quoted in the amendments we submitted.

It's not attached to the final draft, a lot of the amendments are nowhere to be seen including description of current alternative provision. Elements which should have been deleted ie medical/ behavioural information from year 1 are still present and creating a completely misleading picture.

I named 3 specialist settings with reasons.

Edited to add: it is dated in November although I have only just seen it so the appeal windiw has closed. I realise, from the wonderful help on this thread, I can still attempt to appeal but I feel no confidence I can assert it as a right.

Please don't apologise for anything or doubt how good an advocate you are for your son. You are human and facing a woefully inadequate system. Hindsight is all well and good but you can only act on what you know at the time.

You're doing everything you can and you're allowed to feel sad, angry or worried.

Have you just received a transition ehcp? So starting secondary in September. You should be able to appeal that, as the issuing date should be this month. You can also put in a send7 form to bring forward the appeal.

You need to know what school you want, its so much easier when you know what you're fighting for.

I would advise giving sen sos a phonecall and going through everything thats happened.

Good luck! The system is awful and stressful.

Agree an emergency review might be the way forward. Then you need to be checking the online portal regularly. I doubt the above advice about clerical errors will work - it's a formalised system with legal time limits and infuriating as it is, it sounds like they did inform you of the finalised plan.

The school SENCO should also have access to the portal. You need to speak to them to find out what they know of the situation. Getting Y5s and 6s the correct KS3 place has been a huge focus for me as a SENCO.

Again, I'm sorry you're going through this. The system is awful for parents who ar navigating it generally for the first and only time. I hope you can get a placement sorted soon.

You see this is so shit I just want to give up.

Wouldn't DS be better off if I just say fuck this let's just do what you want. As a person who rarely swears.

As someone who works in this area, your experience is sadly more common than you think. There are too many children for SEN places.

Ipsea and sendiass are great, but are overwhelmed. Their websites will help, but it'll be hard to talk to an actual person.

You can appeal. You may need to go to tribunal. It's a long draining process, I'll be honest, but if you've got the resilience and are ready to badger the LA, you may be successful.

If you can afford it, I strongly suggest hiring a Sen advocate who can guide you on your journey. SEN ninjas is one around here, PP mentioned Sunshine SEN (or something I can't now find!)

All the best.

What is sen sos?