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.

@InBitsandInTearsAre you sure they haven’t reissued a final plan naming a mainstream secondary from Sept 26? Or they are just stating their intentions to name, and you’ll receive a new final plan imminently?

The statutory deadline to issue a final plan, naming the secondary school your child is to transition, was February 15th. Many LAs do not meet this deadline, so I’m wondering if they’re covering their arses by sending you a message.

The LA must also send you an accompanying letter with any final EHCP, detailing your rights to appeal. Have they done this? If so what is the date on that letter? If not, ask for the letter. You can appeal within 2 months of the date on the letter.

If it is a case of you not being able to see a final plan, naming the secondary, that was issued in November, because you couldn’t log in to their Hub, then I would appeal anyway. The Tribunal will accept late appeals in exceptional circumstances. Hearing dates are being set for March 2027, although that doesn’t mean things can’t be resolved before then, especially if you have strong evidence. I wouldn’t bother contacting SENCOs etc, channel your energy into the appeal.

I have supported many families in similar situations - it’s almost as if the system is set up to fail.

Op you need an advocate. Contact one of sen charities or engage a solicitor who speciliases in this area

Screen capture any communications

It seems that LEA are just playing a game to save money and not caring about the impact or damage they are causing to children.

I don't know what to suggest, but my thoughts are with you and everyone else stuck in an already hard situation with zero support from gov.

Take a breath. You can do this.

Firstly, you need to know exactly what has happened. You say the LA has finalised the secondary phase transfer EHCP. Then you say the primary is named in I, but don’t mention that the secondary is also named from September. You need to know whether you have the finalised phase transfer EHCP or not.

If you do have the finalised EHCP for secondary, you could request leave to appeal out of time. Not guaranteed to be accepted by SENDIST, but sometimes is. Appeal BFI, not just I.

Alongside this, go back to the LA to request the date on the letter is corrected. I wouldn’t assume the letter was there and you just didn’t see it before now. It isn’t unheard of for LAs to put letters on with dates months previously. Not unheard of, but it is less common for LAs to finalise secondary phase transfer EHCPs in November. The fact you got the message this week suggests the LA did not finalise the phase transfer EHCP in November.

You should have the finalised EHCP by now, but if you don’t, chase the LA. If that doesn’t work, you will need a pre-action letter so I would start looking for someone with capacity to take your case.

Look at your evidence. Consider whether you need independent assessments. You mention EP but what about OT and SALT? If you need assessments but can’t afford them and aren’t eligible for legal aid, there are charities who can help.

Representation for an appeal isn’t essential. Most parents aren’t represented. If it is a choice between representation and independent assessments, you should prioritise independent assessments. The best representation in the country can only work with the evidnece available.

DS hasn’t missed the chance of SS. It is still possible for one to be named.

Be careful with SENDIASS. Some are excellent but too many repeat the LA’s unlawful policies.

You mention not knowing your obligations. The naming of a school in I doesn’t mean you are obliged to send DS. It doesn’t automatically register DS at the school. I wouldn’t personally, but if you decide not to appeal you are still free to EHE or make your own arrangements at an independent school for example.

The LA will always name one mainstream school, they're forced to

LAs do not have to name a MS.

They can say to LA they can’t meet needs and then the LA can’t send him there.

Unless the school is wholly independent, they can be named even if they object when consulted.

I then asked the LA who said they needed a formal response from that school and would then take that into account.

The LA must consult. That isn’t quite the same as must receive a response. Schools don’t always reply. For a non-wholly independent school, that is taken as a positive response. For wholly independent schools, a negative response.

as we wanted a SEN school we were told one mainstream had to be named, but the rest could be SEN.

Despite what some LAs say, you did not need to state any MS as a preference. Neither did you need to give more than one school as a preference.

Our local mainstream has no TAs and no possibility for 1:1. So they said under no circumstance could they take our daughter.

Obviously it isn’t now relevant if DD is in SS, but just because a school doesn’t have TAs currently doesn’t mean they can’t provide 1:1. Needing 1:1 would not be a reason not to name a parent’s preferred state MS. They can recruit.

The LA told us they can consult with s41 schools but not non-s41.

This isn’t true. LAs can consult with s41 and wholly independent schools.

Contact any/all of the organisations below to see if they can help. One of them can talk you through processes

sossen.org.uk/sen-journey/appealing-a-decision/?gad_source=1&gad_campaignid=22395771738&gclid=CjwKCAiAzOXMBhASEiwAe14SaYJYCRvgKAH94W76uwVeTG7hxomLN_815f_LpdHinoQ-nA7dMkf5jRoCFvQQAvD_BwE

Source: (IPSEA) Independent Provider of Special Education Advice https://share.google/MDkkQeH4V4aIQP0IL

https://www.ipsea.org.uk/tribunal-helpline

https://www.scope.org.uk/advice-and-support/applying-for-ehcp-without-educational-psychologist-report

https://www.specialneedsjungle.com/send-law-research/

https://www.mencap.org.uk/help-and-advice/education/education-health-and-care-ehc-plans-explained

https://www.sense.org.uk/information-and-advice/life-stages/childhood-and-school/send/ehcp-appeal/

https://sossen.org.uk/

They are a charity. They should be able to help you talk through what your options are.

So sorry this has happened, OP. It seems to be the default in so many areas, that the EHCP issued is woefully inadequate. We've been on this merry-go-round for about 13 years now and even with an excellent special school team on the case with regular meetings and chasing things up, as well as us being on the ball (because of previous experience...) the LA still leave things out and leave errors unamended from drafts several years ago (honestly, it's like finding fossils embedded in the current EHCP - DS's old school still named from years ago, the wrong names for various people, statements that we've rewritten over several years mysteriously reverting to earlier versions ...).

A few years ago, we took the LA to tribunal for not having something fairly crucial on his EHCP and for not naming the SS we knew he needed. (I appreciate we were in a very lucky position in the first place as he was already in a SS,but the secondary department was massively inadequate - for him and any other student - and we had to get him out of there for a host of reasons, including serious safeguarding issues.) The LA didn't even turn up to the hearing ... the judge really was not impressed with them! We managed to be the squeaky wheel that got oiled in the end. LAs are geared up to expect most parents to be so beaten down by the system that they won't go the mediation-then-tribunal route. Yet (in our LA anyway) the vast majority of cases taken against the LA by parents will be successful. Think on that.

I see you've already done something we had to do - get a private ed psych assessment and report (we had to pay a private ed psych to do a new assessment on DS because despite already being at a SS for moderate/severe LDs he didn't have a formal diagnosis of LDs alongside his ASD on his EHCP...) and if there are any other reports from specialists - SALT, OT, etc - that you think need updating, lean hard on the LA and his current school to get those, and if you think updated reports will help his case to demonstrate that the named setting won't meet his needs, consider if you can pay for updated assessments to support that.

You do NOT need a lawyer to take the LA to tribunal, however. We didn't. SENDIAS were helpful and so were SN forums on MN and elsewhere. You'll have to go through 'mediation' first if you're in England. However, you don't actually have to do a mediation meeting if the LA are refusing to assess your child, issue an EHCP, fail to amend it, or matters of placement. (I think - check) What you do need to do is 'consider mediation'. The LA should have sent you a letter with the final draft of the EHCP saying that you have the right to go to mediation, with an independent company you can contact. Do that within 2 months of receiving that letter. The company will ask you if you want to go to mediation, you can decline and ask for the mediation certificate. You'll need this in order to proceed to tribunal.

www.ipsea.org.uk/mediation-what-you-need-to-do

We just got our final EHCP and it named the wring school. Took over a week to reach our caseworker but immediately she confirmed it would be sorted.
I know it's probably harder as you need a special school and ours was just one mainstream over another, but please do call (and keep calling, and escalate to manager), until you hear from someone. You have a couple of months for appeal so the main thing is finding out why they have refused him.

Don't give up now. I can pretty much guarantee you've been fighting for the past 10/11 years, you do have it within you to keep going

You can ask for an emergency review. So do this ASAP. See if his current school will support you with this. Once you have emergency review you will then have the chance to appeal and go to tribunal.

What did the ehcp for Nov put in section I. If they wre only just naming placement for high school in Sept 2026? Thet have missed the kegal deadline. It should have been done by Feb 15th?

I just want to give you a big hug OP. I relate so much to everything you posted. Until it happens to you, it is a big shock to have a local authority gaslight and lie and ignore and be aggressive and what’s worse it’s all about your child, who is already suffering. It’s awful and of course you feel awful about it because you’re only human and a parent; but it’s not your fault.

It’s lack of government funding making this system and the people in it behave cruelly and that’s about how millions of other people vote, government policies, it’s not about anything you’ve personally done or not done for your child. We can’t all be expected to be a SEN lawyer just because we have a disabled child. And it’s not about your local authority caseworker either. They’re in this broken system too.

I have made myself sick with worry many times over all this but it doesn’t help to change anything. Somehow to get through this you have to put that aside. Imagine to yourself that pursuing a fair EHCP is something you are doing for a child you don’t know, if that helps you to get through it.

You’ve already had good advice on here. You have more agency than you might think or that the LA might be telling you. You can call up this inappropriate school that the LA has named for your boy. You can tell their SENCO all of your DC’s needs, email them any reports you have. Point out where the EHCP is missing or misrepresents his needs. A misleading EHCP is misleading the school too and they don’t want that either. Also the school will have seen all of this before from the local authority. By the sounds of it they will say they can’t meet your son’s needs to the LA and that’s a good start.

At the same time contact IPSEA or SOS!SEN for advice. These charities use lawyers. Start drafting using the IPSEA templates for letters you can adapt to complain to the LA. Don’t rely on your DIASS only for legal advice, even though they can be very helpful they don’t always give accurate legal advice and aren’t lawyers normally. Compare what you’re being advised with elsewhere.

It’s not easy or quick but you can find advice and he is still young. Your child has a right to a full time education and your local authority must provide that for him in a form that he can handle. If he’s given an inappropriate school or setting and the LA won’t budge on that, then you can challenge it right up to SEND tribunal. Good luck.

Absolutely - I know a lot of what LAs do is indefensible but unfortunately they have to challenge mainstream schools that just don’t want to bother with kids with additional needs.

The system is a mess - I think that’s something we can all agree on 😢

Out this morning but definitely back later

You can appeal section l. You don't even need a Mediation certificate. Do it now.
Tribunal reserve dates for phase transfers.
My child had mainstream named this time last year. They have just completed half an academic year in specialist and for the first time ever, love school.

Definitely do NOT appeal Section I only! You need to appeal B, F and I. If the content of the plan doesn’t reflect the evidence that a mainstream school is not appropriate, a special school will not be named.

Call, complain and appeal. Do not give up, thats what they want.
From one sen parent to another…. go give them hell.

🌺🌺🌺🌺🌺🌺🌺🌺🌺

Ooo I missed that it said primary.

We had this trouble too, the messages are there but archived.

You can request them through a subject access request which has a legal timescale to be completed.

It could be handy to for again if you need to take this tribunal.

Feeling pretty wrung out but thanks to fantastic advice here and support IRL I am getting my head together for the next steps.

Thank you.

I'm feeling a lot calmer and more focussed that when I started this thread. It has made an enormous difference.

I looked at lots of the websites and organisations suggested and I will spend some time today ringing helplines etc.
I sent a few emails over the weekend including an initial response to the LA proposal to name an unsuitable mainstream school asking to see all consultations.

All the suggestions of what to do and who to contact ie another emergency review, appeal various sections of EHCP, Judicial Review, involving a solicitor were a bit overwhelming but extremely helpful in focusing my mind.

I am going to start by responding to the LA within the current 15 day timeframe - now 8 days. I'm getting as much real world support in place as possible, personal and professional/official ie family and friends, Sendiass, MP etc.

Despite today's announcements about extra funding for SEND I don't feel any confidence that DS will be offered a suitable place in time for September so I am also starting to make plans for how to cope with that.

As far as I can tell I don't have a legal obligation to send DS to a school that cannot meet his needs. If no suitable educational arrangements are made by the LA I don't think I have a legal obligation to make the arrangements myself or to electively home educate. I'd be grateful if anyone can tell me what my legal obligations are in these circumstances.

Thank you 💐💐💐💐💐💐💐

". If no suitable educational arrangements are made by the LA I don't think I have a legal obligation to make the arrangements myself or to electively home educate. I'd be grateful if anyone can tell me what my legal obligations are in these circumstances."

You should never be forced into home educating, but there is likely a very big difference between what you consider suitable and what the LA does unfortunately.

@StartingFreshFor2026 That sounds as if I might be legally obliged to take him to a school which he couldn't cope with/couldn't cope with him?