Removal of an EHC Plan

[WarrenB]

Hi,

Does anyone know how to "get rid" of an EHC plan?

Without going into the case my son doesn't need one, so any help of this topic would be gratefully received.

Thanks

Depends on why it was issued in the first place and if the school agree it isn't needed? Have you met with the senco/inclusion leader? Why do you want to get rid of it? No negative connotations to having one...?

Call an early annual review, make it one of the actions - LA to consider ceasing to maintain the EHCP make sure your reasons and evidence are attached.

First step would be the senco to talk it through as to why you want to remove it and if your child still needs one from a school point of view.

Not saying this is the case here, but I've known parents not 'declare' their child was statemented/ had an EHCP in order to get into a particular school etc (usually private) to prevent the school claiming they can't meet the needs outlined in the plan.

Second point- I think the LA can challenge removal of EHCP if they feel it's in child's best interests to remain. Given that it's 0-25, it is a document primarily to prevent the child's interests rather than parental per se.

Think first step is to either speak to school or LA to find out how to get a review- they may want to make amendments initially rather than full removal.

My other question would be- how long has the EHCP been in place?
They may question how the needs that were present 2-3years ago max (?) Have altered so much in a relatively short period of time, bearing in mind that your child will have had a number of assessments/ evidence from other professionals in order to get the EHCP in the first place.
You may be required to demonstrate/ evidence how the situation has changed so be prepared for this.

Thanks for the feedback. We've been challenging Bucks CC for well over a year now, they have fundamentally failed my son in many ways (Including a data protection breach for go measure), they confirmed they would get him back into mainstream for the first term back in September and haven't. I've had a multi disciplinary assessment carried out by an independent paediatrician and the results came back that he is a highly intelligent boy who need a suitably challenging environment to work in. They have said the current environment is not suitable, so we have removed him. Despite the new independent report the LEA "professionals" are sticking to their guns. I have never had the misfortune of dealing with so many incompetent and narrow minded individuals in my life! This is the shortened version :)

Urgh! What a situation!

So are you being prevented from just applying directly to a school or via LA admissions dept? (Sorry if this is already obvious)

I've had more than one child transition back into my mainstream school and they just applied through our LA, with the EHCP it would have been near impossible for us to refuse and the onus would have been on us to prove we couldn't meet needs ie if the child needed specialist medical care. It's very interesting how different LAs interpret the EHCP.

We ensured our DS got his Statement of SEN (forerunner of EHCP) ceased.

We did this by carefully documenting progress, evidencing it and carefully monitoring any reduced provision (compared to that laid out in Statement) he was receiving. We then worked out he was not receiving enough provision, to go above the 6k the school has to take out of their own notional funds, to qualify for Higher Needs Funding. All this information was documented and sent to the LA at the Annual Review. Thankfully the school agreed he had 'progressed' and no longer needed the extra provision (I think they would have had a hard time proving they were providing it).

Basically he's has been given a "label" with no firm consistent diagnosis or anything which a school could actually work with, which is now preventing him from getting any form of appropriate education!! Now having to get legal advice as the "bundle" I have received needs someone who is qualified to give a firm rebuttal to the crap they have put in there, and to put our case forward.

You might find these people useful:

www.ipsea.org.uk/

My DS had (& has) no firm diagnosis of anything either. We concentrated in evidencing attainment (good), and progress in level of additional need (good) along with carefully asking the school some very pertinent questions regarding the provision received and their provision mapping.

I think you can also request a reassessment (new SA) from the LA.

Yup the onus is on the la to maintain the EHCP, and they can only decide to cease to maintain if it's no longer necessary. So they can't challenge it (a decision to cease) they just decide not to cease it. Weirdly, there's no right of appeal set out for this situation.
Why can't you get him into mainstream though? That's separate really.

If you have a poor EHCP, what you need to do is to take steps to improve it, not get rid of it. Certainly an EHCP won't prevent your child from going back into the mainstream, if anything it will help. The fact that a child is intelligent also doesn't in any way rule out the possibility that he still needs an EHCP.

Is the problem that the names place is not the right place rather than the needs he has are incorrect?

Your Ds should be able to access MS with support outlined in EHCP

I have the same problem. I want to scrap the EHCP..
I am tired of LA case worker writing no sense about my child in the EHCP. I am tired of appeal getting wrong or late the Draft of the Plan. Going to Tribunal etc. So much stress. Every time dealing with the school that is not implementing correctly the Plan, changing school, making complaints. People taking decision on my child for health and social care. I am the mum and I am taking decision on my kids not stranger. Am I right? Can I do it? It has been very streessfull our life sofar. And how is social services taking a decision like this? If you have an answer let me know, and what I need to do? Thanks.

When ours was issued I was strongly against it, but we were told that the school needed it and it could be withdrawn at any time. I am now also trying to figure out how to get away from it. I understand that they are helpful for many people, but for me it has been a complete mess from beginning to end. My poor boy has seen a string of professionals and everything they introduced to 'help' him at school made him more stressed and made his behaviour worse. It has become quite clear that they have no idea what they are doing, or the damage that it is doing to his mental health. I am keen to put this chapter behind us, and not give the adults an idea of what some other teacher thought his problem was before they've even met him. I hope the others on this thread managed to get theirs sorted out, as I feel that they can easily be used as labels that let teachers apply a toolkit to behaviour that's inconvenient. I've spoken to my officer and asked for it to be removed. I'm hoping it's that easy.

Hi all, I am a parent who has requested for my sons EHCP to be removed but don't quite understand the procedure. If you have time please read and reply if you can. Really would appreciate anyone who has had the same experience, it is causing so much grief between me and my hubby as he really is stressed over this EHCP and how they keep sticking their nose in. My son had a statement at the age of 4 just before starting school. trying not to make the story to long! when he was 2 years his baby brother past at 3 months of a heart condition, my son of 2 years was so distraught he stopped speaking and eating. Life was a nightmare he would bite me he would kick and scream, to cut a long story short the health visitor became a regular visitor then portage got involved along with speech and language and any other so called "professional" that portage cared to invite. He was bright and had no problems with learning he just lost his will to speak. Anyway we ended up going for an assessment on the forcible advice of portage; take into account we were not in a good place ourselves. So they did not diagnose him but decided a statement would be a good option, not knowing anything about a statement at that time which was in 2012 we agreed. To cut a long story short he was excluded from every class he spent lunch times sat in the classroom by himself or with a teaching assistant, the worst part was during class times the teaching assistant let him roll around in rain puddles because she thought it was funny, I did phone the SEND to complain but they said there was nothing they could do and I will admit I was a bit green on the home education thing, as a result we moved to get him out of the school it was only then that i found out about home education. if only I new then what I know now. From 2012 to 2017 there was no review for his statement and be truthful I was not aware that they had to do 12 month reviews. So in 2017 I felt guilty because he was missing out on school. After 3 schools refusing to take him because of his statement he ended up going to a special school which I can say how much I regret it. They reviewed his statement only to make it worse the reason was they said was so he could have a place at the school and so they could get the funding, "but hey!" we know how good he is they said it's just a formality. So in 2018 after seeing how anxious and aggressive he had become I told SEND I am removing him from the school! They said I couldn't it had to go through the LA. I said its not up for negotiation and he is my son and its my choice, this was in the June. In the July he was offered a place at a normal state school but they said I would have to wait for a meeting with the LA which took until the October, I didn't send him to school by the way. Because the meeting took until the October they funded the special school for his place there, so when it came to him starting year 6 in the place he had been offered in a normal state school they couldn't get the funding so he could only attend part time until his SATs were due. He passed his English they didn't let him sit his Maths. So next he started at the local high school, didn't go to well he refused to do the work and felt quite happy messing about with the jokers as some kids do, so then the pandemic struck so we reverted back to home ED. So two weeks ago I receive an Email requesting a review of his EHCP. I refused to comply and requested it be removed, I gave them all the evidence of how bad he did at all schools because of the issues, this statement and then the EHCP has caused over the years apart from the fact that it has never been reviewed on a regular basis. So I was asked some CAN DO? questions and told that it would be past to a senior for her to make a decision and that she would get back to me within 3 days. So then I receive an email saying: I have spoken to my senior about eh Annual Review and she is taking Ss case to special school panel for a decision on whether they agree to cease the EHCP.
how does this system work? who are the special school panel?
Thanks in advance really would appreciate input.

eatingcakejane.

Eatingcakejane This is a zombie thread. You would be best starting your own thread, and putting some paragraphs in as a wall of text makes it difficult for people to read.

Hi,
can I speak with you?