EHCP DRAFT

[TheLovingLemonBee]

Morning all
My child was refused a ehcp so i took it to appeal and won i now have the draft as im new to this ive no clue if its good enough alot in section F states daily throughout the school day by a LSA do you think that is to wooly and needs changing ive no clue who the LSA is . Im neurodiverse myself so my head just cant process all the info to make it make sense in a simple way . Any advice please .

You don't want a named person as if they are off sick or even leave the employ, you are stuck.

You want support regardless of any staffing issue on any day.

You also do not want to be stuck with one without the skills needed for that lesson. Whilst you want consistency if there are part-time staff who are better than a full-time less skilled one you do not want to be stuck with one less skilled or even one your child doesn't get one with.

Targets need to be clear and specific but the staff member does not need to named.

Thank you that makes alot of sense they have also put in section F ( Daily throughout the school day on some things would you say that is ok are is it to vaque . Also can a LSA support OT needs x

Daily throughout the school day

this needs quantifying, e.g.
30 minutes daily throughout the school day
or
3x10 minutes daily

I already replied on your other post, but you need the training/experience/qualifications for staff stated. And for the LSA, if it needs to be a consistent person (or 2) that needs including (although you wouldn’t name the specific person like Mrs X or Mr Y). It doesn’t have to be several time staff if that isn’t suitable.

An LSA can provide some OT provision. It would need to be detailed, specified and quantified rather than vague ‘support’ for OT needs. There also need be training for them to do this. And there needs or be direct OT input time too and time for the OT to undertake reviews/further train staff etc.

SOSSEN offers a brilliant checking service for EHCPs. It's quite a lot of money to find but really valuable if you can stretch to it. Some people can get support from SENDIASS but that is a bit more hit and miss.

Keep an eye on the timescales and remember that you can ask for longer if you need it for checking the EHCP. The two weeks is a minimum - it is fine to say you need more.

@10brokengreenbottles is far more knowledgeable than me so everything she said! But also I think daily throughout the school day sounds pretty quantified, specific and enforceable. It's what ours says and my son is in a specialist unit with top up funding for a one to one.

I can totally relate to the overwhelm. It's so much to process. When you get the finalised EHCP through, check it again because it's not unheard of for bits to go AWOL right at the end!

@Antonania obviously it depends on the wider wording, but throughout the school day isn’t enough for a lot of provision. For example, LSA support daily throughout the school day isn’t enough. Will it be at all times during the school day or 5 mins every 2 hours? And what ‘support’?

Thank you both so much for your help ive managed to write what i want changing the most important bits mainly can i ask 2 questions i no you need to focus on section b to go into section f which ive done but i can ask then to ammend other parts of the draft which needs updating as the assessment was done in primary and hes now at secondary also what happens when i tell them im not happy with the draft and i want some ammendments do i send over what i think are do they call a meeting im away over the easter so it would have to be after that if wanted a meeting will they allow that not sure how long ive got for a finalised draft to be done . Thanks ladies.

Is mainstream the aim? I’d be cautious about named 1 to 1,LSA led programmes and constant supervision requirements. Some understaffed or less inclusive mainstream schools may reject as “can’t meet need”.

You appealed refusal to issue, so the LA has 11 weeks from the date of the Order to finalise. They must give you at least 2 weeks to make representations and state your preferred placement. As pp said, if you need longer, you can request more time.

Inform the LA of any amendments that are required. You should do this in writing. You can request a meeting if you want. When the LA finalises, they may or may not agree to the amendments. You can request amendments to other sections. Although remember except for section A, the content is based on the professional evidence. If the evidence is poor, the EHCP will be too.

EHCPs are based on needs and the provision reasonably required to meet those needs, not what a particular school says they can or wants to offer. Requiring constant 1:1 etc. is not a lawful reason for LAs to refuse to name a non-wholly independent school. They can be named even if the non-wholly independent school objects when consulted.

This is exactly the advice I came to give.

so X minutes a day

in 1:1,2:1, small group of no more than 4 or whatever is appropriate.

how many times a day, how many times a week.

also who will set the programme, any training staff need to deliver it.

for example my ds said he needed 1:1 support for English in lessons to support as a scribe and to support getting idea down (secondary)

also had small group support for social skills 2 times a week for min 15 mins.

Although the 2nd wasn’t as specific it was fine because it met ds needs.

if a child needs 1:1 throughout day it should say full time 1:1 support for lessons, during lunch etc if needed and how many hours a week it’s needed for.

What you want to avoid is comments such as “would benefit from”

Well id “benefit from” a million pounds but that doesn’t actually state id get it 😂

Thank you he definatly doesnt need 1 to 1 but he does need tasks broken down to learn as has short term memory i need more pacifics if that will happen every lesson

Its says careful consideration to his seating arrangement and supervision in sports trips ect ive changed that to must and added cookery wood work in as its safety due to his coordination ,balance and fine motor skill issues.

Sensory breaks and movement breaks i need more pacifics as a 10 minute get out of class card is not enough in my opinion he needs longer than 10 mins sometimes

Advise on ep is lego thearapy they have mite benefit fron i want him to have some form of OT thearapy a teacher cant provide that so should state LSA are someone qualified only

Hes at risk of EBSA stated in ep report not sure what i can add for that to make sure hes covered when hits that stage

Fidgit toys comes under sensory self soothing and no detentions punishnents comes under vunerable and injustice and punished for things he cant help again not sure if theyl add that

Am i on the right wave lengh with this . I no i need how long ,when by whom added ect .

Even if full-time 1:1 isn’t required, there still needs to be professional time accounted for to deliver the provisions. Some examples from your posts of woolly wording include, ‘supervision’. If DS needs more than is usual, that needs to be made explicitly clear and detailed, specified and quantified. ‘Consideration’ isn’t enough. It doesn’t actually mean what is required will happen. Someone could ‘consider’ it and then not act on it. ‘Might benefit from’ is too vague. It doesn’t mean it will be provided.

It is important to remember it isn’t about what you want or what is needed in your opinion. EHCPs are based on evidence of what provision is reasonably required to meet needs. This is why ensuring the evidence is detailed, specified and quantified is important.

Was advice and information from an OT sought as part of the EHCNA?

Yes i totally get it now i think ive spent days getting advice from others but looking at the EP report they have worded things like the LA have careful consideration and things like maybe will benefit when i no he will need it to happen but can you argue that if the EP report doesnt say what i want it to say in regards to changing wooly words they have used. I sent a OT report over from his diagnosis but as we travelled out our area for that they recconended him see a OT here hes been waiting over a year with no OT imput at all being a teen im not sure how much they can offer EBSA no interventions not sure its same as what u said though. X

If the EP report is vague and woolly, you will need to ask the LA to go back to the EP to make the report detailed, specified and quantified. Once the EHCP is finalised, ultimately, you may have to appeal and seek independent assessments.

The OT report from diagnosis is unlikely to include needs, provision and outcomes in the way necessary for EHCPs and it is unlikely to be detailed, specified and quantified. Advice and information from an OT could have been part of the EHCNA - DC don’t need to sit on the normal waiting list for this.

I think they asked the OT from the hospital which was the medical side il look through that wasnt nuch in it except what he struggled with and his issues . X