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

Do you have medical evidence saying that he is too unwell for school? If you do his absences should be being recorded as illness so there should be no come back for not attending. Check that this is being done. Furthermore the LA have a duty to provide an alternative full time education if he cannot attend his current school. I appreciate in practice all this might not be happening but if it is then there is no reason to EHE now, and it’s just a case of holding tight and waiting for the EHCP to come through for EOTAS, possibly via an appeal.

OK. What is it you’re firefighting?

@Supersoakers sorry, I think I would out myself by explaining.

The ed psych report was good. I think she got it.

I will ring the caseworker. Thanks.

What is your 16 week date for a draft plan? If caseworker is sending out consults to schools there may be a draft ready as this is sent to schools to see if they can meet need. Have you stated your preference school?

The low attendance may be evidence that a mainstream school cannot meet need so I'd be reluctant to withdraw unless you're expecting imminent fines. You can request a reduced timetable with school (if they agree) as a temporary solution given that your child may not be there for much longer.

Do you have an independent advice line in your area, for example SENDIASS?

Good luck. I know you’re not saying the whole picture but try not to spend hours researching etc. It’s not good for you or your ds.
Don’t deregister and hold tight till you see the draft and make sure it’s right. In the meantime, keep emailing school re absence- just informative and if they want to visit that is good, don’t worry. These things do take time unfortunately.

Don’t ask the LA. They will tell you what they want you to know and their version of the law.

If you deregister and EHE the EHCNA process continues, but the LA does not have to provide s19 provision. Once you have an EHCP, if you EHE the LA does not have to provide the provision in F.

Personally, I wouldn’t deregister. Request s19 provision (and enforce DC’s right to it via JR if necessary). Then pursue EOTAS is school is inappropriate. An EOTAS package can fund far support more including therapies than the vast majority of parents can afford to fund via EHE.

What week of the EHCNA are you on?

No disrespect but don't ask your senco, ask the LA in email. Not all sencos ( or even case officers) know the law.

This is why so many parents go to appeal. LAs don't follow the law. Try to talk to sendias, ipsea or sossen.

Hi,

Thank you very much, yes that makes sense. I'll wait and see what the caseworker says.

It helped a lot to get it all off my chest. Thank you for listening.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

The rules and regulations seem to vanish into thin air in the real world. I've been reading all the advice on MN and so much of it doesn't have any traction when I'm talking to actual people in RL.

I even asked for help with my EHCP form from a highly respected local lawyer, and she made all sorts of committments, and I signed forms to contract her for the work. Then she vanished and I never heard from her again. If lawyers aren't even sticking to agreements to read, edit and return a form, then I think the world has gone a bit weird.

If the LA fails to comply with the law e.g. the EHCP timescales or failure to provide suitable full-time s19 provision you can enforce DC’s rights via judicial review if necessary. Unfortunately, LAs often don’t do anything unless forced and DC whose parents know the law and can advocate for them get better support. It shouldn’t be that way, but it isn’t going to change any time soon. If anything it is only going to get worse.

What week are you on? Given your other posts on MN I suspect the LA is in breach of the timescales.

@Headfirstintothewild I'm not too worried about that tbh, as the lateness was caused by my not returning the form on time and that was because the lawyer went missing with my forms and I never heard from her again.

The Ed Psych was very good. My EHCP caseworker has also been very helpful.

I just need to wait until office hours so I can ask the question.

Clearly the answer is not to freak out on a Sunday. Note to self for future reference.

Honestly, don’t trust what the LA tells you. LAs often act unlawfully. Although I wouldn’t deregister now, if you do deregister the EHCNA process continues. You don’t need to ask the LA that.

Is the contact from the school specific to you, or just one of those generic letters that will get sent out to everyone under (let's say) 75% attendance/triggered by x number of weeks continuous absence?

I would contact the HoY or the attendance officer and the SENCo at school, explain where you are with the EHCP process and that you don't think a return to school without the EHCP in place would be successful. See what they come back with.

I think it's very likely they will tell you that it's a generic letter and not to worry. If that's the case, you can keep him registered at school and that means there's no risk of further delay with the EHCP process.

As you say, right now many LAs are playing very fast and loose with the process.

Hi OP, I work in SEND I get what you are saying about rules and the law. Sometimes it feels like the wild west.
In my school we wouldn't attempt to prosecute for non attendance if there was cahms communication saying your child couldn't attend school for MH reasons.
In the area I work it seems to be an open secret that some children can't go to mainstream and there aren't enough specialist provision places for them either. We do have medical outreach service who are excellent for students who can work remotely.
I hope things get easier for you.

@Notgoodatpoetrybutgreatatlit thanks that's really good to know.

Hi,

I just rang up and the council have agreed to issue an EHC package, and the lady says we don't need to worry about the school lighting us on fire any more, so that's good. <and relax>

That's great but:

• I would email your caseworker/EHCP coordinator a "just following up from phone conversation with X at Y, I am pleased to hear an EHCP is being issued and an keen to review the draft"

• go through the ehcp with a tooth comb and if your son still seeing psychotherapist etc privately ask them to read the provision and outcomes too. This is your chance to get everything here needs in don't rely on anything being standard in a setting or school (I'm not a mental health therapist but wonder if a provision could be something like a card if he was present face to face or message if online to leave a lesson if these problematic topics came up)

Hope you get through these GCSEs and he gets better soon.

This. Issuing the EHCP is only part of the process.

When you receive the draft you must check the EHCP is watertight. All special educational needs need to be in B and all needs must have corresponding provision in F. This provision, including therapies required, needs to be detailed, specified and quantified. No woolly or vague wording such as “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”. This is even more important if you are pursuing an EOTAS package. Anything not detailed, specified and quantified in F does not have to be provided/funded.

Thank you very much, that's good to know. Is there a group I could join where I could show people what it says and ask for comments, or should I ring Ipsea or something? I know I need to get this bit right, but don't have the foggiest idea of where to start. Thanks.

Have a read of IPSEA and SOSSEN’s websites. That will give you an understanding of what needs to be in a draft. The SN and SEN boards on here are helpful and worth reading.

Go through all the reports. Highlight all DS’s special educational needs in one colour and all the provision to meet the needs in another colour. Each need should have corresponding provision.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F. Make a note of anything the LA have omitted from the draft, any needs without corresponding provision, any woolly and vague wording, and anything the reports have failed to include.

When you come across vague and woolly wording, check the reports to see if they are woolly and vague or if the LA has watered down provision. If the reports are vague and woolly, ask the LA to go back to the report writer(s) to make the reports detailed, specified and quantified. If the reports are vague and woolly the EHCP will be too. If the LA has watered down provision, make sure to request the LA sticks to the wording in the reports.

Then make sure any health or social care provision that educates or trains is in F. For example, LAs like to put therapies like SALT and OT in G (health care provision) when it belongs in F.

However, don’t get drawn into a prolonged back and forth with the LA that further delays finalising. Push the LA to finalise and appeal. Ultimately, you may have to appeal if you are wanting a good EOTAS package and a prolonged back and forth is unlikely to solve that.

SOSSEN do a paid for draft checking service if that is something you are interested in.

Thank you very much, that is really helpful to know. I will do that.

The duty officer rang back and said I can't deregister without losing the EHCP and she said I should ring the attendance office and ask for clarification of the legal position on attendence processes, so I have done that.

She said I should also send further reports from professional on what DS needs in his EHCP, so the caseworker can draft it correctly, so I have a whole lot of work to do now.

The duty officer rang back and said I can't deregister without losing the EHCP

The is not correct. A perfect example of why you should not believe everything the LA tells you.

She said I should also send further reports from professional on what DS needs in his EHCP

Advice and information from professionals should have already been sought during the NA. Obviously any new evidence can be sent but has the LA can collect information/reports before now?

yes I thought that was odd too. Maybe when our caseworker comes back after the holiday she will know.

The duty officer rang back and said I can't deregister without losing the EHCP

It's actually frightening that a local authority official can come out with utter nonsense like this. Are they bothering to train them at all these days?