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SEN

Here you'll find advice from parents and teachers on special needs education.

EHCP as not been issued - Secondary school application

34 replies

Veronica25 · 06/10/2021 12:14

DD is due to start Secondary School in September 2022. We were informed that the EHCP was approved and we could apply by the 6th October using the SEN application and they will begin consultation even though the plan has not been issued yet. Today we emailed the application naming one school which is a state school outside the borough.

Now the LA is saying that because the EHCP has not been issued yet we should go through the normal school application process and they will take it from there once the plan is issued?

What are our chances of getting the school we want if the LA doesn't start the consultation on time? what are our rights? how long do they have to issue the EHCP? Should we just apply through the normal school application process and name the same school?

Thank you

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Imitatingdory · 06/10/2021 12:26

What week are you on? If the LA are not going to issue they must inform you by week 16. If the LA are going to issue they must finalise by week 20. In order to do that they should send you the draft by week 14.

EHCPs have to be amended by February 15th in transfer years. Although you may find the secondary school is named for Sept 22 when it is first finalised.

As Ellie posted on your other thread, there are limited circumstances in which the LA can refuse to name your preference. If they don't name your preference you can appeal.

I posted on your other thread about applying via the normal admissions procedure.

Veronica25 · 06/10/2021 12:46

Thank you.

School applied before the school holidays in July, I think we are in week 12, need to double check.

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Imitatingdory · 06/10/2021 13:13

In which case you absolutely must apply via the normal admission round because the LA could still refuse to issue.

Veronica25 · 07/10/2021 09:07

Thank you for taking the time to reply. It is very helpful. I am trying to confirm what week are we on exactly as the application was done through the school.

The Information Advisory Service has replied to my email and confirmed the same. My concern is that they change their mind as DD and us set our eyes in a particular school which is in a different borough and we won't get it unless it is named on the plan.

Assuming the plan does get approved and issued will they still consult us about the school we want? or will they just use the schools we put in the normal school application to consult with them.?

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Ellie56 · 07/10/2021 12:23

@Veronica25

On your other thread you said they had already agreed to issue an EHCP?

When the draft plan is issued, The LA should still follow the correct process and ask you to name your preferred school. The LA should then consult with your chosen school along with any others they choose to consult with.

If the LA is delaying issuing the plan and is in danger of breaching the timescales you can use the model letter here to complain.

www.ipsea.org.uk/complaining-when-a-local-authority-does-not-send-a-draft-or-final-education-health-and-care-plan-on-time-model-letter-10

Veronica25 · 07/10/2021 14:11

Thanks Ellie.

You are correct, we have been informed by the school and the LA that they have agreed to issue an EHCP and it is in the process of being written.

I got concerned because they are now saying to also apply through the normal process so worry they could change their mind. I understand now there is not much we can do but wait until they write it and hope they keep their word.

We are not close enough to any of the good schools in the area so are really depending on the EHCP to nominate the school we want.

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Ellie56 · 07/10/2021 14:50

It maybe they are insisting on you following the normal admissions procedure as she does not yet have an EHCP in place.

They can't change their mind once they have agreed to issue a plan. I assume you have the decision in writing?

Assuming you have the decision in writing, keep tabs on the timescales, and send the model letter I linked to above, if they breach the deadlines. The final plan naming your preferred school should be issued 20 weeks after the initial request for an EHCNA.

Veronica25 · 07/10/2021 16:52

Thank you for your help.

Yes, I have been communicating by email with the SEN person from the LA. They told me the deadline to issue the plan is November.

I would have at look at the letter; hopefully everything will go to plan.

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Imitatingdory · 07/10/2021 19:28

I would make a normal application unless you physically have the EHCP, LAs are notoriously untrustworthy and often act unlawfully. I would worry they will go back on their word, force you to appeal and you will be left without a place via the normal admissions procedure either.

When the LA issue a draft you will get at least 15 days to make representations and name a school preference. Given it is a transfer year, the LA are likely to ask you to name a preference for the rest of Y6 and one for Y7 so they can still meet the 15th Feb deadline.

Even though you won't get in without an EHCP still put the school you want on the normal admissions form. They you can appeal if you aren't offered a space and the LA go back on their word about the EHCP. Do they have an exceptional medical or social needs category?

Veronica25 · 08/10/2021 08:41

Thank you. That is my concern that they change their mind as they are already protecting themselves by asking us to apply through the normal process.

I would put the school we want in the normal application process but there is no way we will get it unless it is named on the EHCP or by appealing, as it is 6 miles away.

It is not exceptional medical or social needs. It is due to a developmental language disorder, DD has issues with receptive language and is behind at school; albeit they are not extreme and she is making progress but not at the same rate of her peers which has affected her socially as well.

DD is really set on that school and we do believe it will be the best for her.

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Veronica25 · 08/10/2021 11:34

The School has confirmed that the request for an EHCP was submitted on the 12th of June so the deadline for the LA to issue the final report is 30th of October. They have spoken to the LA who said they were going to check.

Even if we apply using the normal process we won't get any of the good schools in the area as we are out of catchment for all of them; so I don't see the point as we still may end we are failing school that nobody want.

We completely relying on the EHCP.

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Imitatingdory · 08/10/2021 12:06

In that case you should have the draft already. Send the letter Ellie linked to. And you should have the finalised version before the normal admissions deadline.

SEND can come under the exceptional medical or social needs category, so if the school does have one of those categories in their normal admission criteria you can ask to be considered under that, although the bar is fairly high.

Ellie56 · 08/10/2021 12:07

@Veronica25

If the request was made on 12th June, you should have had the draft by now. The 30th October is only 3 weeks away and you are entitled to have 15 days to formulate your responses. The LA is in serious danger of breaching the statutory timescale.

I would send the model letter above complaining that you have not yet received the draft plan.

Ellie56 · 08/10/2021 12:08

@Imitatingdory

Great minds and all that!

Veronica25 · 08/10/2021 18:10

Thank you very much Ellie and Imit for all the advice. You have been very helpful.

LA emailed the SENCO person in the school and confirmed they received the request on the 14th of June and the deadline is the 1st of November. They said there has been a system error and they will endeavour to complete the process as soon as they reasonably can.

I will will write the letter and send it next week.

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Veronica25 · 11/10/2021 13:16

Thank you so much for the link.

I complained/emailed the Director of Children Services and have been called today by the person writing the plan. The plan/draft is being written as a matter of urgency now and we have been promised we should have it by Wednesday and a meeting on Friday. I wished I would have been on top of the date and complained earlier but because they said I could still apply through SEN by the 6th of October I thought it would be OK until they say to apply through the normal process.

Just one more question:

When will the LA consult with the school? after the draft is issued and discussed or after the final report is issued naming the school?

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Ellie56 · 11/10/2021 15:46

They should consult once you have named your preferred school.Then hopefully The Plan is finalised with your chosen school named in Section I.

Not sure why you're having a meeting on Friday, But I would use it as an opportunity to make clear which school your daughter wants and that you are exercising your right to request this school under Section 38(3) of the Children & Families Act 2014.

See here:

www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

Veronica25 · 12/10/2021 11:22

Thank you Ellie. Will do that

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Veronica25 · 14/10/2021 13:48

Me again, sorry.

We received the draft. What sort of think do I need to look for? It is very long and comprehensive but there is not additional budget at the end? Does this mean they are expecting the school to cover the support with the SEN staff? how do I know if this is a full EHCP? if it is not a full ECHP can we still choose a school? haven't seen that part yet.

Thank you

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Imitatingdory · 14/10/2021 14:30

Funding isn't your concern, don't focus on that. As long as section F is detailed, specific and quantified the provision must be provided, and importantly you can enforce it if it's not. If the school need more funding they should approach the LA.

IPSEA have a checklist you can use. Go through the EHCP line by line. All DD's needs should be in B, and there should be corresponding provision in F.

It is vital section F is detailed, specific and quantified. Nothing should be left for the school to decide. Look for vague wording such as "access to" "or equivalent" and "would benefit from". A vague and woolly EHCP isn't not worth the paper it is written on. Sadly, many parents don't realise until it is too late, their DC isn't receiving support but they can not enforce it. This is easier to sort from the beginning than trying to tighten it up at a later date.

Anything that 'educates or trains' should be in section F, including therapies such as SALT, OT, CBT etc. LAs often try to put them in G, but it's important they are in F so it's enforceable.

What do you mean by a full EHCP? All EHCPs are full EHCPs. Finalised EHCPs should name a placement in section I, but the draft must not name a school or type of placement.

SOSSEN have a draft checking service if that's something you want/need.

Veronica25 · 14/10/2021 14:48

Thank you very much. I would focus on session F and look at your checklist. So far it looks all good to me and all additional support quantified.

I asked reg the full ECHP because the SEN secondary school application we filled in 2 weeks ago asked if the child had a full EHCP? so It got me wondering.

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Imitatingdory · 14/10/2021 14:57

Check it carefully as it would be unusual for a first draft to not have any vague or woolly wording.

All EHCPs are full EHCPs. Some LAs also have non statutory plans they try to fob parents off with called other things. This highlights the practice well.

Veronica25 · 14/10/2021 15:04

Will do. The SENCO person in the current school is also checking and we have a meeting tomorrow with the person who wrote it.

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Ellie56 · 14/10/2021 17:21

Agree with the above.

I would also add that you should have been given copies of all the professional reports that have been used to write the EHC Plan.

Go through all of them with 2 highlighters. Highlight all of your child's needs (eg poor organisational skills, difficulty with time keeping, slow processing) in one colour and then all the provision to meet the needs in another colour. There should be provision to meet each need identified.

For example you might have a Speech and Language Therapy report which says "X has great difficulties with social communication." This would go into Section B of the EHCP. The SLT might go on to say "X needs a social skills programme devised and delivered by a qualified Speech and Language Therapist for one hour each week." This would go into Section F of the Plan.

When you have done this for each one of the reports, go through the draft plan and make sure all the needs you have highlighted in the reports are in Section B and make a record of any that have been omitted.

Then make sure all the provision you have highlighted in the reports are in Section F and again make a record of any that have been omitted.

Give the LA a copy of your records of missing information and tell them that everything that has been missed out needs be included in the final EHCP.

If any reports are vague or woolly and use phrases like "requires access to", "would benefit from," "opportunities for", "regular" "high level of" tell the LA they are not acceptable and they need to go back to whoever wrote the reports and make them more specific, so that the EHCP can be amended with the specific information.

The Code of Practice is very clear that reports and EHC Plans must be detailed and specific.

a) Specificity in professional reports:
9.51
“The evidence and advice submitted by those providing it should be clear, accessible and specific. They should provide advice about outcomes relevant for the child or young person’s age and phase of education and strategies for their achievement. The local authority may provide guidance about the structure and format of advice
and information to be provided. Professionals should limit their advice to areas in which they have expertise. They may comment on the amount of provision they consider a child or young person requires and local authorities should not have blanket policies which prevent them from doing so.”^

b) Specificity in the EHCP

9.61
“EHC plans should be clear, concise, understandable and accessible to parents, children, young people, providers and practitioners. They should be written so they can be understood by professionals in any local authority.”

9.69
Section B ( Page 164)

“All of the child or young person’s identified special educational needs must be specified.”

Section F (Page 166)
“Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget

Provision must be specified for each and every need specified in section B. It should be clear how the provision will support achievement of the outcomes
Where health or social care provision educates or trains a child or young person, it must appear in this section (see paragraph 9.73)”

www.gov.uk/government/publications/send-code-of-practice-0-to-25

Veronica25 · 14/10/2021 18:45

Thank you. I will read and check everything carefully. I have been sent all the reports from school including the LA EP assessment previously and so far it looks like it has everything. I will concentrate on session F which detail all the support.

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