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 was told on the phone there was a delay in finalising reviews and separately that the file would be looked at within a fortnight (of getting MP involved) and the did attempt to check the online portal periodically but it would not let me log on. I couldn't log on until the message on Monday proposing to name mainstream. I didn't find the previous message (on the portal) finalising the EHCP until last night.

Local authority
Education Health Care Plan (used to be called a Statememt)

Hmm if it's a secure system they will be able to see that you didn't access it. There's no chance that the school they've named has an ARP is there?

Alternatively call another emergency review on the basis the final plan does not include key information and go again.

Yes I think they can see I accessed it today.

The school doesn't have an ARP but I'd be delighted if it did and be really happy to do what I could as a parent to make happen. It's not an awful school, mainstream is totally unsuitable for DS.

Do I have a right to call another emergency review?

Can you request an early annual review again? It will trigger a new draft plan, during which time you should be able to supply supporting evidence and then it will also open up a new appeals window.

The thing is even if you had appealed in November, the wait for a tribunal date in some areas is still over a year long so this may not even have been resolved by the new school year anyway.

Definitely get the SENCO involved, and you can request in writing and on the EHCP hub that they call you with any new developments on the EHCP hub because you haven't received notifications from the Hub at key points and have missed your legal right to appeal due to technical errors. I've just had to do this for DS, where after a phonecall with an unbothered member of the LEA they said it's a known issue with the Mandrill app they use for their EHCPs. Thanks for letting us know sooner then LEA you sleezy buggers.

I'm sorry if I've missed this but has the school been named as its a transition year and your child goes to secondary school in September?

Honestly? I have felt exactly as you describe many times over the years witj my dc.

I have 3 dc with Ehcplans.

As your child is in a phase transition year (primary to secondary) your LA should have issued an amended EHCP by 15th February naming the secondary school, or at least a type of school. I suggest you email them immediately reminding them of that, also telling them why mainstream won't work and reminding them of your preference for a secondary school placement. Ask them in any event to send the finalised amended EHCP by the end of the week, failing which you will take judicial review action. If or when they issue the new one, even though it will probably name a mainstream school, it's good news because you will have a new right of appeal. That appeal will be expedited because it is a phase transfer appeal, i.e. they will aim to list it to be heard before August.

If you have an annual review report with amendments which the LA has ignored, you stand an excellent chance of getting them ordered in tribunal. Also ideally you need something like an independent educational psychologist's report. There are charities which help with the costs, such as Parents in Need. What you need if possible is to have a provision set out in section F which can only be met in a special school, such as small classes and specialist teachers, but you will need independent evidence to show that is necessary.

Someone mentioned sensos above - they probably meant SOS SEN who are definitely worth a call.

Have you ever considered Home Education?

I have asked previously and repeatedly for information to be posted to me due to problems with the online system. Also left mamy messages on their (abandoned) phone line.

From what I understand they updated the Hub in November but no automatic email was sent so to them, they did everything in due course.

Correct me if I'm wrong OP please!

I had this exact issue and it's hard to prove you didn't receive an email they say should vr automatically sent.

That's an interesting question. What are your thoughts?

SOS!SEN – The Independent Helpline for Special Education Needs – We offer a free, friendly, independent and confidential telephone helpline for parents and others looking for information and advice on Special Educational Needs (SEN) https://share.google/z7gWgTpQl811p1HAA

That's what the earlier poster meant by "Sen sos" I should think.

@InBitsandInTears i refuse to let any parent giver the selves a hard time for the EHCP process. It is a monumental difficult shit show managed by hugely inept councils. It is designed for lawyers to navigate not normal people (sorry lawyers!) the very fact you care, are trying and advocating for your child is wonderful and proves what a fabulous mum are. Hang in there. Fight. Never accept no. And nEVER blame yourself.
i have the scars. You are amazing.

Have you put it in writing on the EHC hub?

For fear of sounding like a cliche broken record, if it isn't on the Hub it doesn't mean anything.

If it is on the Hub and there are future technical errors preventing you accessing the material or being provided key dates you have more evidence that the LEA are acting in bad faith in a tribunal.

My LA switched from paper letters to publishing decisions/letters as pdfs on their "portal" without actually telling parents.

To be fair they do have a system that emails you automatically if info is on the portal but mine needed re-setting so I did at one point wait for an important letter not knowing it was there in e-form.

https://www.mumsnet.com/talk/special_educational_needs/5309128-ehcp-support-thread-no-5?utm_campaign=thread&utm_medium=app_share you might find it more helpful to post on here. You'll get fewer responses but at least you won't have to explain basics to posters who don't know the "system'.

OP says she has a letter saying they intend to name a mainstream secondary school and that Section I names mainstream primary - so I took it from that that they haven't issued a phase transfer EHCP. But yes, OP, can you clarify?

The vast majority of people who appeal to the Tribunal don't have lawyers, and 98% of them win. So please don't be put off, OP.

Get your MP involved and submit a formal complaint also if your senco agrees that they should be special not mainstream why didn't they flag you in November? Sounds like the LA changed the date on the letter that's why you didn't see it until now

My LA used the start date for the date of completion they were told firmly they could not do that (so the date they started working on the EHCP not the date it was completed if that makes it clear) the person no longer works there

I can't access all my previously sent messages on the system.

I am pretty sure I have sent messages that weren't replied to.

The last time I sent a long message giving specific information about school choice I got what looked like an automated message saying it had been 'added to their records'.

If you can show (e.g. through copy emails) that you have asked this and they have ignored you, you have an even better chance of getting a late appeal accepted. The Tribunal is well used to this sort of problem.

Everyone who voted Labour and supported their awful policy of adding VAT to education contributed to the ever worsening SEND crisis in state schools.

Why don’t you think mainstream is suitable? It all depends on their complete profile, just having send doesn’t mean a specialist school is a good fit, I fought for specialist provision within mainstream because I was appalled at the behaviour and exam results were non existent - Lea wanted to send her to specialist school but it really wasn’t good. She had a dedicated quiet space within a main stream school (off school office) and attended classes as she wanted and got a*’s. At lunch time she went to a specialist programme she helped to design

I know this was back in November but they often send a ‘final’ and a proposed amended final draft. The final is their old one and the new one is the proposed amendments. Are you sure you are not looking at their old final one?

you should always receive a draft amended final - as should current senco. Why didn't she check it as well? then there are 15 days to get it changed again.

I would ring the LA and ask them to resend the more recent EHCP first of all. Then ask for a list of the schools that were consulted. It’s likely the secondary school he’s been placed at didn’t respond to the consultation which led to the automatic placement. Ask whether the specialist provisions you applied to said they could meet needs.

when you get the most recent EHCP, call an annual review and ask the senco to invite the officer for their area and the ed psych to the meeting. Reamend the EHCP, with a view to changing the secondary school named on it.

I think making a phone call to the LA is the best place to start just to get as much information as you can about what’s gone wrong in this process.

Thank you, very helpful information.