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.

By sheer luck (and judgement, persistence, your encouragement and reaching out in every direction) yesterday

• I sent an email
• to a senior person our Senco gave me an email address for on Monday
• after our Headteacher told me at pickup on Tuesday Ofsted were starting an Area Send inspection on Wednesday
• with the subject line 'Urgent: Phase Transfer' as you /Sendiass/Ipsea advised
• guided by an Ipsea template which quotes the relevant legal framework.
• asking for a finalised EHCP to be properly issued with the correct accompanying letter triggering my right to appeal.
• within 5 working days.
• and copied in my MP, Sendiass, Sossen and Lord Lucan etc
• and made it clear that if I didn't get these documents in reply to my email I would be taking legal advice (which is booked in next week) with a view to seeking judicial review.

To my amazement today I got a reply, letter with mediation and appeal rights and finalised (nonsense) EHCP.

I phoned the mediation provider immediately.

Thank you 💐💐💐💐💐💐💐

I am now at the beginning of a new difficult challenge but out of the looking glass world where which every way you run you end up going in the opposite direction.

Unfortunately the mediators describe my child's primary condition as "Autism (including Asberger's syndrome)". I'm hoping to encourage them to correct it to celebrate neurodiversity week. Which will be quite soon.

Good news.

Don’t bother actively partaking in mediation. Just get the certificate and submit your appeal to SENDIST ASAP.

I work with a school who, after reviewing a child’s EHCP, told the LA that they couldn’t meet a child’s needs. They were basically told that the child would be coming to them and that they would have to find a way to meet need. The LA offered a higher rate of funding to help support this, but the school wasn’t given any choice.

Well done 👏👏👏

Just tell the mediator that mediation is not suitable due to it being a phase transfer and time being of the essence and get them to issue a certificate. I got mine very quickly.

Get your appeal application sent off and logged straight away once you get it through. Good luck with it all.

I got my mediation certificate in about 30 minutes from the call. I'd say personally I think you shouldn't mediate because time is running out to be honest.

Start drafting your appeal now, they take a lot of time and energy. Once you get your hearing date, if it is too late you can ask the tribunal for an expedited hearing.