EHCP

[eatingcakejane]

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. I really would appreciate anyone who has had the same or similar 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. When he was 2 years his baby brother past at 3 months of a heart condition, my son was so distraught he stopped speaking and eating properly, he would only eat toast and biscuits. Life was a nightmare he would bite me he would kick and scream.
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 was traumatised there is nothing more I can say.
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.
He started school and 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 he would have to stay in school. I will admit I was a bit green on the home education thing, as a result we moved house and county 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 a review every 12 months. So in 2017 I felt guilty because he was missing out on school, so I started searching for a suitable 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 they said it 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 and they would make the decision. I said its not up for negotiation and he is my son and its my choice, this was in the June 2018. In the July he was offered a place at a normal state school but SEND said I would have to wait for a meeting with the LA and he would have to continue at the special school until the meeting, which took until the October. I refused to send him and kept him home. 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 moving on he started at the local high school, which didn't go to well he refused to do the work and felt quite happy messing about with the other jokers and on top of that he was bullied, came home everyday covered in mud and traumatic bruises which the school said they didn't know how he got them and nothing on CCTV, strange thing was every time he did something "BANG" there it was on CCTV . Anyway then the pandemic struck the whole world! so we reverted back to home ED.
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 the schools he has attended.
I explained that every time the problems and issues have been created because of this statement and then the EHCP.

Also the statement was never reviewed in the 5 years he had it and the EHCP the same.

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.
Can anyone tell me please how does this system work in having an EHCP removed? and who are the special school panel?
Thanks in advance really would appreciate input.

eatingcakejane.

Problems haven't been created by having a statement or EHCP, problems arise from your DS's SEN.

When on the roll of a SS parents have to ask permission to remove a child to EHE. Unless serious concerns are raised this should be a formality. However, rather than deregistering, a better route would have been to ask for either a reassessment of needs or an early review. Unfortunately, as you previously found having to wait for the annual review in October, if the LA refuse to hold an early review you have no right of appeal.

The panel is likely to be the panel who decide what placement to name on EHCPs.

Selective mutism is a learning need, you can be bright and have SEN. If you EHE DS will not receive any support. If the EHCP is not meeting DS' needs focus on getting it amended so that it does rather than ceasing it. The EHCP was previously amended to help DS not to make matters worse. Support in the statement/EHCP isn't a bad thing, the more provision in the EHCP the more support DS will receive.

If provision in the statement wasn't provided you could have enforced it. Other than in extreme circumstances parents have a right to a mainstream education if that is what you wanted. There are only limited circumstances the LA can refuse to name your preferred school, and even fewer circumstances where mainstream can be refused full stop. There was also the option of appealing if you didn't agree with the placement named. Although SS places are in such high demand that usually if one is recommended and a place offered it is necessary.

If DS was disapplied from KS2 maths SATS it was because he met one of the exemptions- working at pre KS2 levels, not able to access the papers despite access arrangements or not finished the KS2 curriculum. If none of these applied it was maladministration.

Part time timetables are illegal, you could have challenged this.

An EHCP can't be ceased without a review, if you refuse to take part in the review a) it will still go ahead, and b) it won't look good.

Has DS received some MH support to help him process his grief?

The council can't legally cease to maintain the EHCP unless they are satisfied that your son has met the outcomes in the EHCP and that he no longer qualifies. They have an ongoing duty to ensure that a child's SEN are met and can't disclaim that duty purely because a parent asks.

You really need to inform yourself thoroughly about the SEN system before making any decisions on this which might be to your child's detriment. I suggest reading IPSEA's website thoroughly, and/or getting SOS SEN's booklets on EHCPs.