EHC Assessment

[Emmbo1706]

Hello

I am hoping for some advice please.

My daughters school initially requested an EHCNA with the LA 2 years ago due to her not not progressing as expected at school. I paid for a private Ed Psychologist report which concluded a diagnosis of severe Dyslexia and Dyscalculia and the school provided lots of IEP’s and reports. Despite this the LA refused to assess saying they needed more evidence and to follow a graduated response.

We accepted this decision and the school completed weekly IEP’s, provided extra 1-1 support and whilst my daughter did make some progress it was still way below in line with her peers. So 12 months after the initial request to assess was refuse we applied again. This time between myself and the school we sent multiple supporting documents as evidence to support the request.

The LA failed to make a decision to assess within the statutory 6 week timeframe. I emailed the caseworker and got not response. When they did finally make a decision I was sent a letter advising they had again refused firstly stating they hadn’t been given enough info which is not true but the most unacceptable part was the fact that they referred to my daughter by the wrong first name throughout the letter. I complained to the LA as once again the failed to meet deadlines to respond and when they finally did they advised they would look review the complaint and gave me the details of the reviewing officer which believe it or not was the caseworker I had complained about! Obviously I pointed this out so a different office was allocated and again timescales were not met however eventually my complaint was upheld.

I appealed the 2nd decision not to assess and reluctantly agreed to try mediation but once again the LA failed to arrange an meeting so I was issued a certificate and made the appeal to the tribunal.

The LA did oppose the appeal however the tribunal went in my favour and ordered the LA to assess. This was back in August last year. I believe all information should have been provided within 6 weeks and a decision to issue or not within 10 weeks followed by a draft then final plan if agreed with in 14 weeks. It probably comes as no great surprise given the above that none of this has been adhered to. The LA failed to arrange a Ed Psych assessment due to a backlog and this was finally completed on 19/12 online. I have still not received the Ed Psychs report and after emailing I have been told the LA are still waiting but will chase it up. They used a private company so I emailed them and was told they completed and sent the report to the LA within 2 weeks of the assessment. I informed the LA of this to which they replied they had received it that day and it now needed to be quality checked before it could be added to my daughters file which would then go to panel for a decision as to issue an EHCP or not. I haven’t heard anything since.

I am wondering if I should complain due to the length of time this is taking and the tribunal order not being adhered to and if so who should I complain to?
Thanks in advance for any advice/replies.

Could be a while longer

So few eps working at the moment

It is really taking way too long

OP I replied on your other thread, but just to reiterate waiting lists and staffing shortages are not a lawful excuse for not complying with SENDIST’s order. Neither are they are lawful excuse for breaching the statutory EHCP timescales. OP can enforce SENDIST’s order via judicial review.

I agree and rightfully so

Manus LAs are trying to recruit EPs and just can't get them !!!!

Sorry it has been such a hard process OP

Thanks for your reply. I have finally heard back 2 days ago and they have refused to issue an EHCP. The reasons are my daughter gets 1 x 1-1 lesson a week at school plus she uses the Lexia online learning programme and has made progress. I am in full agreement she has made progress but only due to the school going above what they can keep sustaining. I believe the fact my daughter attends a private school is why they have refused.

Do appeal. The majority of appeals are upheld.

Some LAs are not proving ehcs for students with dyslexia (they 100 per cent should )
Just saying this is what a few of my colleagues commented on earlier

Like the bar is now raised far too high to get one 🤬🤬🤬🤬🤬🤬

Any LA with such a blanket policy is acting unlawfully.

Parents can appeal an EHCP refusal and SENDIST certainly do order EHCPs for DC with dyslexia.

Absolutely

Hello again

Does anyone has experience of completing the Send tribunal appeal 35 form due to the LA completing a needs assessment then refusing to issue a plan?

Ive posted a few times with regards to the appalling service I’ve been subjected to for the past 2 years by the LA in an effort to secure my daughter with the learning support she needs.

After appealing the LA finally assessed 3 months later than the legal deadlines and have decided not to issue an EHCP. The reasons for refusal in the letter I have received are extremely brief and state information that is not correct.

I have emailed the allocated send worker and challenged some of the statements made as I cannot see in any reports where it’s documented.

An example would be the LA have stated ‘in the social care report’ it states my daughter is thriving which is consistent with school reports. Having scrutinised that report it does not suggest that she is thriving let alone use the word ‘thriving’. I provided recent school reports that state her attainment is ‘below expected’ and her progress is ‘below expected’. School have clearly reported she is working 2 years below that of her peers. Clearly my understanding of the word ‘thriving’ is very different to that of the LA’s.

Whilst the allocated send worker has replied she has not answered any of my questions and is now not responding.

Any comments/advice/or suggestions will be gratefully accepted. Thanks in advance.

Have you been in contact with IPSEA?

They are a charity who have volunteers giving their time. Mostly solicitors and people in the loop. You can book a half hour consultation and they will run through the legal side and what to do next.

Their website has lots of information around this. They were so good. I ended up doing the first part of their legal training for SEND as I always wanted to be that one step ahead. They are such a valuable service to parents.

Sadly your experience isn’t uncommon.

Just appeal, don’t bother with mediation just get the certificate and submit to SENDIST. LAs often use mediation as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate and submit straight to SENDIST.

Think about what evidence you have and whether you need any independent reports. If you aren’t eligible for legal aid but can’t afford reports contact Parents in Need as they can sometimes help.

I moved my ASD child out of private to state in order to get an EHCP (the whole process with appeals etc took 12 months). If you aren’t prepared to do that, I think it is highly unlikely you will win at appeal. The current school is meeting your child’s needs. I’m not sure what you are hoping to get from an EHCP. The people at the LEA assessing your child will know exactly what is available within the remit/funding level for your child in their LEA and they are telling you that what you have in place for your child is better than what anyone else can offer. It is a postcode lottery so may be different where you are but the above is my experience.

OP does not have to move her DD to the state sector to get an EHCP. It is possible to get one whilst attending an independent school.

LAs may like to think they can have their own local policies but the law is the same regardless of what LA you live in. SEP in EHCPs is not dependent on what is available or on what funding is available, but on what is necessary. Of course more can be provided. Given the majority of appeals to SENDIST are upheld parents shouldn’t take the LA’s word as gospel.

If you have read the OP’s posts how can you think her DD’s needs are currently being met?

Social care doesn't relate to education, so she can be thriving within this section. I would question any school reviewing an iep weekly, every long school term should be ok, beyond early years as you need time to see if something works. With dyslexia and EHCP, you are looking at potential. What are her nvr scores like, comprehension scores. A high potential score (age score or higher) compared to reading age. Depending on the age of your child as well. The intervention described of a 1-1 session once a week and lexia are well within normal provision. The reports need recommendations beyond that, such as 1-1 in most lessons, small class size, long standing intensive intervention, for LA to issue. Also if still at primary, likely to name a state primary as being able to meet need. Even secondary depending on any other issues alongside.

At this point the focus isn’t on what school would be named as it is a refusal to issue appeal, not a content/placement appeal.

OP just to reassure you, you can get an EHCP without needing 1:1 most the time.

Social care advice and information sought during an EHCNA will often also touch on educational matters, as they are intertwined and look at the child as a whole, which sounds like what has happened in OP’s case.

Thanks for all the replies.Just to clarify, yes my daughter attends a private school and that’s my point. She is in a class size of 14 children with a form teacher and ta plus specialist teachers for all subjects. Yet despite this she is still 2 yrs behind her peers. She has attended this school since being 3 yrs old. She is 9 in June. An EHCP would provide her with extra 1-1 support which will allow her to progress. I am happy to continue to pay her school fees and have no expectations whatsoever that an EHCP would pay or contribute to her fees. All I want is that she is provided with the extra 1-1 support that a child with a diagnosis of sever Dyslexia and Dyscalculia required as well as entitled to. Thanks

An EHCP can name an independent school and therefore the LA be responsible for funding the fees and SEN Support. And parents can appeal if the LA won’t name the school.

When the LA would otherwise name another school some LAs will come to an agreement whereby parents pay the fees and the LA funds the SEN support but not all will. Some LAs will state you are making suitable alternative arrangements thereby relieving them of their duty.

Exactly my point. That’s what’s so frustrating as I believe the refusal to issue was a forgone conclusion based on the fact my daughter attends a private school. Whilst I understand she is in a privileged position in comparison to the class sizes and educational provision provided by our local state schools, so far my daughters education as been paid for by myself and has been at no cost to the LA.

If your in a private school in the uk - depending on how many hrs 1 to 1 you get awarded you as parents need to fund the first 13 hrs (notational) amount which equates to £6k.

So if she is awarded 15 hrs 1 to 1 the LA will only be paying for 3 hrs - the cost is minimal.

I'd go all out and try and name the school in the EHCP.

My worry if she's not keeping up - the independent could decide to find another school ...

This isn't technically true, although the local authority will definitely try to tell you it is.

Just appeal.

I found using the words in sendcop and C and F act helped.

Appeal on the basis that she needs more than can be provided because she is making below expected progress despite intervention. Point out that despite intervention the gap between her and her peers is widening,

If your in a private school in the uk - depending on how many hrs 1 to 1 you get awarded you as parents need to fund the first 13 hrs (notational) amount which equates to £6k.

This is incorrect. If the school is named in I it must fund both the fees and all the SEP.

Yes I totally agree if it's named it will be paid by the LA.

If it's not a named school on the EHCP and mum is paying the fees any 1 to 1 for the first 13 hrs 1 to 1 (£6k) has to be paid for by the parents.

If it isn’t named in the EHCP the LA don’t legally have to pay for any of the fees or SEN Support. Some LAs will come to an arrangement whereby parents pay the fees and they will pay some or all of the SEN Support but not all, some will say parents are making suitable alternative arrangements thereby relieving them of their duties.