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.

Not forgone conclusion (more likely they will name mainstream and say current school is parental preference, so down to you to fund). From the reports, what are the recommendations with regards support needed? Anyone mention small classes/1:1? Recommendations around specific interventions? What age/ year group is your child? We have an EHCP for a child with dyslexia (possible ADHD, but her own concentration than disruptive, so sits and dreams), she had an EHCP granted in year 6, following being put on SEN register in year 2, a year 3 where one of her class teachers was a dyslexia specialist and we did precision teaching (diagnosed dyslexic), year 4 (till covid), had weekly 1:2 2 hour specialist in school weekly, daily 30 mins at school and home on set work. Year 5, input from specialist teacher with school and homework, weekly tutor session (which we paid for) made small steps in reading, but still way behind - issued EHCP in year 6, as identified need for more support, particularly as moving to secondary and unable to access curriculum and no TA's in the classroom. We were lucky our primary school had a TA in every classroom even in Juniors (many have had to get remove them due to cost). We had no problem with the issue, but she was given the lowest amount of top up funding (every pupil + notional (£6000) + top up £650). This was 1:1 in every lesson with reading, writing and small group for maths lessons (also behind). You can get the independent school named, if within a couple of thousands pounds (total cost including transport). The difficulty is proving need and if you don't have good clear recommendations, it is even harder.

Hello again!

Thanks to everyone who commented and offered advice.

I have every intention of appealing the LA’s refusal to issue my daughter with an EHCP.

I am aware I need to obtain a mediation certificate. The LA provided me with the contact details for Global Mediation. I have called them 4 times now, the initial call was made on 15/03. Each time I am informed someone will call me back, which hasn’t happened. I have until 16/04 to obtain this certificate which is 2 months from the refusal to issue letter.

I have made this clear each time I have called Global Mediation and have been told my case has been escalated as urgent and they will call back but they haven’t.

I am concerned due to the bank holidays there are very few working days from now until my deadline of 16/04.

Has anyone any advice on who I should escalate this too?

Thanks

You calling within 2 months should be enough. You could email so you have a paper trail.

I am going to email now and yes I’ve called 4 times within the 2 months but the certificate needs to be issued by 16/04 otherwise I can’t take it further. As they have failed to return my calls since 15/03 I have little faith they will in the next few days prior to 16/04

You getting in touch with the mediation service within 2 months should be enough. Then, once issued, you will have 1 month from the date of the certificate to submit to SENDIST.

Hi OP, I had a similar problem with Global Mediation but I kept calling. and emailing and it did get sorted (within a couple of weeks). They appear to be one of those call centre type outfits where they just call down a list and don't deal with each other's "cases". Reminded me of a crappy conveyancing service I dealt with once!

If I had any energy left from the absolute pile of shite that is the EHCP "process", I'd figure out who to complain to that parents are put through this on top of dealing with school, the LA, SENDIST, yada yada.

One day I will.

Good luck!

You can still appeal, particularly if you can prove delay in obtaining certificate down to issues beyond your control. Or submit appeal on the 16th stating waiting for certificate from global mediation (ask for a reference number from global mediation if you don't have one yet).

Thanks for your reply. I completely understand were you’re coming from. I have been fighting this uphill battle against my LA for over 2yrs now! Yes it is absolutely exhausting! I completely understand how some parents ‘give up’. And whilst that may be the easier option at times, I will not stop advocating for my daughter to provide her with the education she not only deserves but is entitled to, ever!