Help- college want to get rid of DD after 2 weeks!

[PomegranateSeed]

My daughter has ASD and started her post 16 placement 2 weeks ago. Before that she went to a medical needs teaching service.

When she is stressed she doesn’t sleep and her mood becomes elated. She is restless, impulsive, irritable and at times thought disordered. Unsurprisingly, she has struggled with the transition, although she enjoys going to the centre.

The Friday before she was due to start the following Wednesday I had a text from a tutor saying due to changes in staff, they’ve changed the timetable and could she start 9am Monday instead. I said of course not, she’s not flexible and that’s too short notice. They agreed to a week later.

The week she started a support worker/teaching assistant already started making comments about whether it was the right placement. Last week they struggled with her behaviour. I asked what they planned to do, they said they don’t know.

They don’t currently have a SENCO in post. The Medical Needs Teaching Service held this placement in high regard but I feel like they want to get rid of my daughter without giving her a chance.

I spoke to CAMHS who said colleges can be like this and don’t be fobbed off. She has an EHCP so college have a legal responsibility to provide the additional support.

CAMHS suggested asking for a meeting with college. I have also emailed the case manager from Sendias who of course has not replied!

I feel so out of my depth with this, I would appreciate any advice anyone can offer.

Even if the college doesn't currently have a SENCO in post there must be someone responsible for SEND. Ask what member of SLT has responsibility, then ask for a meeting with them.

Is the EHCP being followed? Is there provision in the EHCP to meet DD's needs or does she require more? It is the LA who are legally responsible for ensuring provision in the EHCP is being provided, so if the EHCP is not being followed complain to them. If it continues then you can begin Judicial Review proceedings against the LA.

Is this a state FE college or an independent one?

Be careful with SENDIAS, some are good, but too many aren't. They receive LA funding so will ultimately toe the party line. IPSEA and SOSSEN are better.

IPSEA Thank you so much for your help with this @monstrousmayhem. I really don’t understand all this or the process. DD has only just got her diagnosis and EHCP this year.

I don’t really understand who Sendias are, or the other abbreviations you have used- IPSEA and SOSSEN. How do I even find out who to contact from the LA? It is so difficult sorting anything out! SEND transport and arranging that was also a nightmare- no one answers the phone or replies to emails.

It is a training centre so not a college really. The MNTS felt it would be ideal for her needs.

I don’t think they are following her EHCP because the woman I spoke to didn’t know what Social Stories are.

Thank you so much for your help.

Actually the person who I have emailed is the LA caseworker not Sendias. His job title is

SEN Casework Officer
SEN Statutory Assessment & Provision (SENSAP)
Learning Inclusion
Children and Families

IPSEA( Independent Provider of Special Education Advice) and
SOS!SEN are charities that give parents independent information and advice on SEND issues.

www.ipsea.org.uk/advice-line

www.sossen.org.uk/

Under Section 42 of the Children & Families Act 2014, The LA has a statutory duty to secure all the provision laid out in Section F of the EHCP. If it is not being provided,you can complain.
Use the model letter here:

www.ipsea.org.uk/complaining-when-the-provision-in-an-ehc-plan-is-not-being-made-model-letter-6

SLT = senior leadership team
FE college = further education college

SENTAS, another charity, can help with transport problems.

SENDIAS stands for Special Educational Needs and Disability, Information, Advice and Support. It is a service commissioned by the LA to provide advice and support to parents. Often they claim to be impartial, but in many LAs they aren't, they repeat the LA's unlawful policies and give incorrect advice.

The caseworker works for the LA, they will be your point of contact at the LA, alternatively when complaining write to the Director of Children's Services. The LA will tell you what they want you to know and their version of the law. Always check what they tell you because they often have unlawful policies and practices.

Send the letter Ellie linked to, if this doesn't resolve matters and section F is specific and quantified get in contact with SOSSEN for help with a Judicial Review pre-action letter. Unfortunately, if section F is vague and woolly with wording such as "access to", "would benefit from" or "or equivalent" it isn't enforceable and you should try to tighten it up.

Do you think the provision in the EHCP is enough to meet DD's needs?

Thank you so much for all the advice.

I am going to follow all the suggestions and have a good look at the EHCP today.

I really appreciate you taking the time to reply to me. It feels so overwhelming, I am determined to get a good outcome.

@monstrousmayhem having looked at her phone lab some people f it probably is a bit vague and does use language as you suggest however other parts of it are closer to SMART goals so clearer to assess whether it is being met or not.

LA never came back with the finalised plan. We have only had the next steps meeting in July and everything felt very rushed. I wasn’t sure if the proposed plan was sufficient to meet her needs. I did ask her current teachers and CAMHS care coordinator and they said it was fairly typical.

I am a MH professional and find the system really hard to navigate. I am prepared to fight though. It just feels very unfair. I am also aware that I have a different experience from my service users and am treated differently because I’m a middle class professional (and white). I just feel so angry with the whole system, not just on behalf of my child but all the children who are failed

Thanks again, I’m vary grateful

If the LA haven't given you the finalised EHCP complain, they are frustrating your right of appeal, and it sounds like you need it. When did they issue the draft? If this is a new EHCP when did you first apply? If it was more than 20 weeks ago IPSEA have a model letter you can use to complain, if you then still don't receive it you can begin Judicial Review proceedings.

It is section F that is important, sadly, if it is woolly and vague it can't be enforced. Vague and woolly wording may be typical, but it is not lawful. A vague EHCP isn't worth the paper it is written on. It's important to have a detailed, specific and quantified section F, even if that means appealing. I wouldn't listen to CAMHS or teachers on legalities of EHCPs.

Are there therapies in section F? There should be SALT, OT, MH therapies.

Do you think the current placement is the right one? Did you investigate all options including independent specialist places?

am treated differently because I'm a middle class professional (and white)

Sadly, ^^ this encapsulates the system. DC whose parents know the law, can navigate their way through the system and advocate for their child get better support. We have seen this first hand. I have 2 DC with EHCPs, one has considerably more provision than he otherwise would, the other probably wouldn't have an EHCP at all. The same applies to social care support and CAMHS.

@monstrousmayhem Section F does contain equine therapy, singing lessons, OT and SALT. As I haven’t seen the final draft I don’t know how it’s worded.

I feel I have let her down through my own ignorance. What is the best way to brush up on the law? Through the charities mentioned?

The transition work about where she was going post 16 was mostly done by the MNTS. I think we might have been a bit naive in regards to this. I honestly don’t know if it’s the right placement and don’t know how I would know. It might sound ridiculous but she didn’t have any difficulties in primary. Secondary was a nightmare. Then it improved when she went to the MNTS.

I further unpleasant layer to the whole thing is that another student has sent her threatening messages over the weekend. This is due to the fact they were finding her behaviour irritating. The placement need to be managing this better. She doesn’t want to go in today anyway. She is full of cold but I think she’s probably scared by what’s happened.

Most parents would do something different if they knew then what they know now, don't blame yourself. We all have regrets. If I could turn the clock back I would not leave DS1 in MS as long as I did, then perhaps we wouldn't have ended up in crisis with DS attending a CAMHS unit as a day patient, narrowly avoiding a CAMHS inpatient stay. It is not unreasonable to assume the LA and school has your child's best interests at heart.

Having equine therapy, singing lessons, SALT and OT in section F is more than many EHCPs. Too many only have the bare bones of provision in there. One common tactic is for therapies to be in section G rather than where they should be in F, and therefore they aren't enforceable. When you receive the final version check the provision is specific and quantified. Otherwise having the provision in there means nothing as it can't be enforced.

Reading the SENCOP, IPSEA and SOSSEN will give you a good grounding in what is lawful, and what isn't. MN is also helpful. There's always someone to give advice or offer support - as well as this board there's SN Chat and SN Children.

I would research what placements are available within travelling distance. You can search here. If you start a thread on here someone may have suggestions. Anyone contacted to the LA is unlikely to inform you of the independent options because of the expense.

Thank you @monstrousmayhem and @Ellie56 for your great advice. I honestly feel so much more clued up.

I have had positive communication with the manager of the centre who I feel has dealt with the threats of violence in a very appropriate way and he’s agreed to a meeting to look at support and implementing the EHCP.

There’s no point in feeling guilt because I can’t have known what I didn’t know you are absolutely right monstrous. I will look at the other resources and sources of support you have suggested.