Does EHCP assessment process cease if I deregister

[ItIsntReallyLikeThat]

Hi,

I am thinking about deregistering DS from his mainstream secondary school to avoid attendance processes starting while we await completion of the EHCP assessment.

I wondered if anybody knows whether the EHCP assessment process would be cancelled if I deregistered from the mainstream school to electively home educate?

Ideally we would like the EHCP process to run to completion so we would have help to get DS into a suitable school at A level.

The background is on this thread:

https://www.mumsnet.com/talk/secondary/5044797-attendance-processes?reply=134353279

I think it depends where you are up to in the process. If the LA have agreed to issue, reports have been done and they are just now putting together the draft, then I think it will continue.

If they are still making a decision on whether to assess/ issue, I think you would risk them stalling it. That shouldn't be the case, but LA's are desperate and that makes them do underhand and unlawful things.

Thanks, yes, that makes sense.

The ed psych report went to panel last week but I haven't heard back yet.

What is the EHCP going to be for? Once in place it would be reviewed by the LA.
How far in the process are you and what provision are you hoping for? This is the key part. If he is y10 and you know which 6th form you want him to go to it needs to be written on there.
If you can speak to your local officer directly they should be able to tell you, or ask the school SENDco to, or someone involved in the drafting who can advise on your particular case.

Wren you say the ed psych report went to panel last week so you mean at draft EHCP level? Are all your private reports including psychotherapy included in the bundle they should form part of the plan.

With an EHCP he will be entitled to support after 19 so at this stage of be reluctant to withdraw him and risk losing the super he might need in future.

Nb EHCP ceases if he goes to uni

All I know is that we had the ed psych report and it went to a panel. They told me that the panel would then write to all the schools to ask if any could meet need.

However, I know, and the ed psych confirmed, that no schools can meet need because ds is too academic for special school and too anxious to be in mainstream where the academic teaching is.

The report was written to elicit and EOTAS package and give us help to reintegrate at A level.

I'm happy to home school at GCSE and the mainstream secondary are talking about attendance processes.

I'm thinking it might be better to deregister from mainstream secondary, but wondering if I will then lose the EHCP process.

I've tried quoting rules at people and it gets me nowhere, so I'm interested in what actually happens.

I would worry that even with the EHCP you would struggle to get him back into school, there may be a long delay before finding a new school provision. Are you prepared for him to be out of school for a while?

It sounds like if you have got the Ed Psych report and it’s going to panel then you are close to a decision to issue. Once the decision to issue has been made the LA will consult with you about a suitable school placement either specialist or mainstream. If you feel there are no schools that could meet you DC needs then you can request EOTAS. If you decide to EHE then you are taking on responsibility for educating your child rather than the LA.

So you have never seen a draft EHCP?

Processes vary slightly between boroughs, more than they should. It's hard to tell from what you have written but I wonder if the report used give to panel to decide about EOTAS package not EHCP panel

@ThatsGoingToHurt

Does that mean that deregistering to avoid prosecution for non-attendance would mean we can't get EOTAS then?

That does make sense.

I don't want to go to court. The whole thing messes with my head and I just want peace to look after my son.

Have you got, or can you get, professional evidence that he is unable to be in school for mental health reasons? If so, you can use that to stall attendance processes and to pressurise the LA to provide EOTAS under section 19 Education Act 1996.

As your ds is not attending school at all anyway, why are you worried about deregistering? Just keep him off with the home tutoring you’re doing until you have the EHCP with the named provision and EOTAS package.

@littleducks

Oh gosh, that does sound complicated. Sorry, I don't know.

There is no draft plan. The ed psych just wrote her first report about ds and it went to a panel. The only letter I have received was the "yes to assess".

I'm only majorly freaking out because the school talked about attendance processes and I don't want court proceedings because we're all stressed enough without that.

I know there are rules and regulations on everything but they seem to count for nothing.

https://www.ipsea.org.uk/home-education-and-education-otherwise

If you de register and to EHE then the LA are no longer legally required to secure any of the provision on the ECHP.

@ThatsGoingToHurt

Thanks, I see all that, but whenever I see rules on things, nobody in official roles seems to actually follow them.

Ok so the deregistering is panic about attendance. You have lots of evidence to back up reasons for non attendance. Try not to worry too much about that.

So you can have an ECHP and you will still have an annual review but the LA don’t have to legally provide any of the provision detailed in Section F of the EHCP. I would personally push hard for an EOTAS package.

@Supersoakers yes that's right. Do you think they won't actually act on that then?

The problem is that I'm trying to work really hard to be calm for DS to damp down his anxiety, while at the same time the school and council are lighting fires under me at every turn.

I have all the rules at my fingertips from reading MN but nobody in offical roles follows them at all. It's like guerilla warfare.

You have medical evidence that he can't attend school (psychotherapy report) and Ed psych confirms current school not suitable.

He is receiving an education at home from tutors.

I can't see you being prosecuted. Remember this pressure for you to deregister him so the problems and funding need disappears is deliberate so will feel uncomfortable.

I would discuss about switching to the tutor that you currently use privately under LA provision and see if she is able to around the teaching tricky topics issue. Like they could have been planned to be taught but he was off sick that day or he needed extra time on something else.

Maybe the thing is to contact our EHCP case worker and ask? She might be in this week over Easter, and the school don't come back until next week.

What have you had so far in terms of non attendance procedures?

Ask them for a 6 week part time table for 'reintegration' from the current EBSA situation. Have lots of meetings and emails showing you are trying and it is a SEN issue, this helps postpone prosecution. See if you can contact a specialist teacher from the LA about this via the school too.
Roll it all on if necessary to get your EHCP signed off.
Then deregister with it in the bag (unless you think you are actually just about to get EOTAS, in which case it might be worth hanging on for that financially).
Don't forget to look into DLA and carer's allowance if you have to home ed due to unmet SEN, it can also be used to pay for things like forest school and tutoring if you can meet daily life costs without.

@Supersoakers I don't think anything. I just email the school every day to confirm that we are still here and that the EHCP assessment is ongoing.

I just hate this whole thing.

I ought to be teaching DS and instead I'm sitting here fire fighting school processes. It makes no sense.

I wish the conservative goverment could be quietly binned so we could start having a functioning country again. (rant Sorry)

Thank you for all the help. I will ring the EHCP caseworker on monday I think.

No harm in asking the case worker. For non attendance it depends on authority but it can be referred to an attendance and inclusion officer who will look at your case. Try not to be frightened- you are doing your best for your child, but rightly so, authorities will want to know about why a child is not in school and if they are safe. It wouldn’t be worth anyone’s while to send you to prison if that’s what you’re worried about.