EHCP Post 16 Home Tuition Advice Needed

[katalex]

DC is 16 (year 12) and has ADHD, Autism and Generalised Anxiety Disorder. They had a year and a half out of school due to severe school-related anxiety and received no education whatsoever during that time. This was after a period of very low attendance. They only managed to get one GCSE in an art subject because marking was based on portfolio only and DC was well ahead of the rest of the class (started GCSEs in year 9).

DC really wanted to try to go to college in September this year, assuming it would be different to school and they might be able to cope with it better. They have an EHCP, which I managed to get only just in time for them to start ( the LA took 3 months longer than they should have as it got forgotten about). The course they chose was listed as part time so we thought this would be ideal, but they still had to be there four days a week and two of the days were over 7 hours. It didn't help that they had to re-do English and maths GCSE. For context, DC barely managed to cope with half days at school when they were on a reduced timetable. The college was not willing to allow DC to have reduced hours, even for the first couple of weeks.

After about a week, I emailed the person at the LA whom I had been liaising with about the EHCP, just to warn her that things weren't going well and DC may need to withdraw from the course. I also warned DC's tutor and learning support coordinator. The LA said that, if they leave then they will arrange for my DC to have home tutition. The two people at the college just asked me to let them know DC's decision.

When DC decided to withdraw from the course, I let everyone know. The SEN manager at the college sent me a form to fill in and asked me what DC wants to do next. I said we had decided that home tuition would be best as they cannot cope in a school environment. That was the extent of the EHCP review. They sent the documentation to the LA. The person I had been in contact with spoke to a colleague who has experience with post-16 and she said that if DC had stayed on roll at college then they would have been given the resources to provide home tuition (no one told us this). Now it is more complicated and I have to wait to find out what they can do. They said that they have to name an educational institution on the EHCP and we can't name tutors, so I can't just hire tutors and get a personal budget to pay for them.

It sounds like we have to find a school that is willing to take my DC to coordinate home tuition, even though they won't actually go there. Is this how it works? My DC has not been in full time education for nearly two years. How can I make sure they get the GCSEs they need? Online tuition is not an option. My DC cannot engage with anyone on the phone or video call (not even their grandparents). DC also has no motivation to do work that is just assigned to them. They need an actual teacher to be here in person to teach them what they need to know.

Please help! What options are available/what are we entitled to? How do we fix this? We're in Kent if that's useful information.

From your post I think the course was incorrectly labelled as part time, as that isn't a part time course. Full time is more than 12 hours a week/540 hours a year.

It doesn't sound like a proper early review of the EHCP has been carried out, so ask the LA for one ASAP. IPSEA have a model letter you can use. It is important the correct procedures are carried out to ensure you get the right of appeal should you need it and are able to force the LA to stick to certain timescales.

if DC had stayed on roll at college then they would have been given the resources to provide home tuition

This isn't correct. Being on roll or not makes no difference. The LA have no statutory duty to provide education to post 16 pupils unable to attend school. However, because DC has an EHCP, the LA must still provide any provision specified and quantified in section F - you can force the LA to if they refuse. The process for an EOTAS package via an EHCP is no different whether you are on a college's roll or not. Although you shouldn't have withdrawn DC, even if they couldn't attend. Make sure you have informed the LA in writing you are not EHE otherwise they will say they are relieved of their duties.

It sounds like we have to find a school that is willing to take my DC to coordinate home tuition, even though they won't actually go there.

This isn't how it works. For EOTAS section I of the EHCP would be blank, and the EOTAS provision included in F. You don't need to name a school when you have an EOTAS package. Ensure the GCSE are included in the EHCP. Make sure the EOTAS package is more than just a few hours tutoring. It needs to include therapies etc. too.

LAs have a statutory duty to provide education to compulsory school aged pupils who can not attend school for medical reasons, you could have forced the LA to provide education via Judicial Review. You could also have started Judicial Review proceedings for failure to stick to EHCP timescales, too.

Have you looked at specialist provision?

ds2 has an home tutoring arrangement on his EHCP. Under school it is listed as NTAS which is the agency that the council uses to arrange the tutors. He has been out of school since the start of year 8 and this is the fourth year now he has had home tutors. We were so pleased to get a home tutoring arrangement we did not ask for anything else but as the poster above says you probably should do.

Thanks for your advice. I feel like I've really messed things up for my DC.

There seemed to be no point in DC staying at college but phoning in sick every day. They didn't want to continue with the course they chose and the college does not allow DC to do only English and maths GCSE. They have to be done alongside another course. Out of curiosity, what would staying on roll at college have achieved?

I don't think the LA think we are electing to do home education. We told them in the review form that DC cannot cope in a school environment and needs to be home educated. However, I will write to them to confirm. Apparently, the person who has taken over my DC's case is overwhelmed with cases similar to my DC's and she is working to find a solution, so it doesn't seem like they are going to say they are relieved of their duties. She apparently knows of a school which may be able to take on my DC. I don't really know what that means and I don't have her contact details. It's a nightmare trying to get hold of anyone. The original person I was dealing with never answered the phone and ignored all of my emails. I had to contact the local independent advice group to find out how I could escalate. The only contact information on the LA's web site is the phone number where they told me they couldn't help me and an email address where no one replies to any emails.

Regarding your comment that the LA have no statutory duty to provide post 16 eduction to those unable to attend school, does this count even if they do not get English and maths GCSEs? Bearing in mind that students have to continue these post 16 if they don't pass, how do they expect DC who can't attend school to get them? There is no way my DC would be able to work but, even if they could, how do they find a job without any GCSEs?

I find the EHCP difficult to read but section F only seems to include emotional/mental health support and extra adult support in the classroom. The college basically argued against everything in the EHCP, stating that they didn't have the resources to provide them. I was advised (probably incorrectly) to 'soften the language' to get them to accept it. When the LA received the college's response to the consultation (before the final EHCP was issued) they told me that 'they have some good points' and implied that they couldn't force them to accept it in its current form. Therefore, we had to remove all of the emotional/mental health support from the outcomes section and reword these reqirements in section F. The only things that were left were timeout card, going home early if required and exam arrangements. However, there was never anything mentioned about EOTAS. DC really wanted to go to college, so the EP targeted all support towards being in a mainstream college.

Can we update the EHCP to ensure that EOTAS and GCSEs are included in the EHCP or are we stuck with the final version that was issued to the college? We specified in the interim review form that DC needs home ed and wants to do only maths and English GCSEs this year and maybe more GCSEs next year. Will that information be added? Can we go back to an earlier version of the EHCP to ensure that the EP's original recommendations are put back in (although they would need to be adapted because they are all based on DC being in college)?

We did look at specialist provision. There is a specialist school nearby which provides education for students with mental health issues, who cannot attend mainstream school. However, they say that my DC would have to attend 3 days per week 9-3 or they cannot get funding. My DC can't manage that.

OneInEight - That's interesting that your DS' EHCP states the tutoring agency as the named 'school'. The LA told me that they can't do that because they can't guarantee the quality of the tutors.

OneinEight NTAS shouldn't be in section I. Case law dictates only an institution that can be attended can be named in I. For EOTAS section I should be blank and the tutoring included in F. See here and here.

OP it is often easier to get the LA to act quickly when you stay on roll. Crudely, you are someone's problem, that can't be easily swept under the carpet. Unless you explicitly tell the LA otherwise by deregistering the LA will say you are EHE, especially since you have told them DD needs to be home educated. EOTAS is not home education and it is important to be clear on this as the LA will do anything to save themselves money. It does sound like the LA are fobbing you off. Be careful with SENDIASS, your local one often repeats the LA's unlawful policies. IPSEA and SOSSEN are better.

There's no statutory duty to provide education to those unable to attend school post 16, at all. I believe if there was a test case things may change, but until then the only way to secure provision is via an EHCP. The LA should be providing any provision specified and quantified in section F. Unfortunately, your posts suggest section F isn't specific or quantified therefore the LA don't have to provide anything.

Soften the language is unlawful. Everything should be detailed, specific and quantified in section F, nothing should be left for the placement to decide. Who, what, when, why, how... A woolly and vague EHCP isn't worth the paper it is written on.

Unless the school is wholly independent the LA must name your preference unless:

• The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

The bar is relatively high, and unless the LA can prove one of the above they must name your preference regardless of the college's objections.

EOTAS wouldn't have been mentioned if you named a placement.

Can we update the EHCP to ensure that EOTAS and GCSEs are included in the EHCP or are we stuck with the final version that was issued to the college?

This is what an early review does. It doesn't sound like you have had a proper early review. Although if you believe they have are the LA sticking to the statutory timescales? You can't go back to an earlier version, but the EHCP can be amended. Sadly, you will likely have to appeal to make the EHCP detailed, specified and quantified. You were ill advised agreeing to vague and woolly wording

An EOTAS package with a vague and woolly EHCP with little provision is useless really. EOTAS will only work if there is concrete provision, tutoring and therapies, in section F.

Funding isn't your concern, if a part time placement in a school and then other provision made the rest of the time is written in to the EHCP then it must be provided. Unless the school is wholly independent the LA must name your preference unless one of the exceptions apply. Are there any other schools within travelling distance?

I've just spoken to the post-16 person at the LA. Even though we specified in the early review document that DC cannot cope with being in a school, and they need to do GCSEs at home, I'm guessing she didn't read it because she told me that she has found 2 schools which DC can attend 3 to 4 days per week (they are quite far away). She said that home education is an interim solution and is only supported up until year 13. They can do some home tuition with a view to moving into a school but she wouldn't be drawn on how long they could do this for. She said that I will have to specify that I am choosing home education and then I will be responsible for organising and paying for it. This is unless there is medical evidence that DC can't leave the home to go to school. I'll have to check all their medical documents because she said that the EP assessment cannot be done again within 2 years of the original assessment. DC really wanted to try going to college so that's the approach we took when talking to the EP. If I'd know how difficult DC was going to find being in college, and their anxiety would be just as bad as in school, I would have told the EP that DC can't manage in a school environment and asked her to recommend home ed.

Based on what you've said, it looks like we're not going to get very far even if we appeal due to being given bad advice on changing the wording and softening the language. Everything in section F in the original draft is targeted towards support DC should get in a school/college (timeout card, access to quiet area, adult support in the classroom, help to develop independence, exam arrangements).

She's going to get back to me in a couple of weeks, after she's spoken to her manager but I think we're going to end up having to find the money to pay for tutors ourselves if they're not willing to let DC do home ed this year to get their maths and English GCSEs.

Stop believing everything the LA tell you. They will tell you what they want you to know and their version of the law, which is often unlawful.

You don't need to pay tutors yourself. If a proper early review has been held, which doesn't sound like it has, then you will get the right of appeal, either after the LA decide not to amend or when they finalise the amended EHCP, there are statutory timescales for both. You can then appeal if you are not happy with the EHCP.

For a comprehensive EOTAS package you will need independent reports (depending on existing reports consider OT, SALT, EP and MH assessments) - your LA EP report will be considered up to date, but on its own would be unlikely to secure EOTAS provision anyway.

An appeal will deal with vague and woolly wording. It doesn't sound like the initial EHCP was detailed, specific and quantified anyway. "Access to" means nothing, nor does "adult support" or "help to". Even if EOTAS is agreed if section F is vague and woolly you should appeal as it is not enforceable.

The LA are talking nonsense. EHCPs, including EOTAS, not home education, can be up to 25. Although they are right if you are deemed to be EHE the LA are relieved of their duties.

How far away are the schools? Up to 1hr15 is considered acceptable travel time for secondary aged DC although many travel further.

What should have happened at the early review/who should have attended? And even if it was determined by me and the SEN lead at the college that DC would be better off at home, how do we get the LA to agree to it? It is not specified in any report that DC cannot attend any school. The closest we have to that is a private psychiatrist report that states 'Mrs x provided a detailed account of her child's difficulties; as you are aware DC's level of anxiety, which comprises marked tearfulness, panic and nausea associated with school attendance, has precluded regular education.' This was from an assessment in November 2020. The EP report went into a lot of detail about what makes school so stressful and cause so much anxiety but, again, no statement that DC is not able to go to school. All of the recommendations and strategies are about what kind of support DC should get in college, as that is what DC wanted at the time. Should we ask the psychiatrist for a new report?

The schools are less than an hour's drive but I won't be able to take them and there's no way they'll get into a taxi or bus on their own. They will also be expecting 3 to 4 days attendance per week, which DC will not be able to manage.

This is what should happen before/at/following an annual review. Early reviews follow the same timescales. There should have been a meeting with you and college, not just college sending you a form, sometimes the LA will attend or the EP or another professional involved.

Is there no MH, SALT, OT provision in the current EHCP?

Without evidence you will not get an EOTAS package. SALT, OT, EP, psychiatrist &/or CP assessments will give you evidence. The letter from the private psychiatrist is too wishy washy, and doesn't demonstrate the level of need you are describing.

You will need evidence DC can not manage to travel so far, even with transport and an escort, and that they can not manage 3-4 days per week otherwise if the LA believe the schools can meet DC's needs they are likely to name one of the schools anyway.

Personally, I would push for an amended EHCP, or a refusal to amend, then appeal. In order to successfully appeal for a comprehensive EOTAS package you will need evidence. depending on finances I would start with MH reports and OT - make sure whoever you use has Tribunal experience. You are going to need to prove either DC can't attend a school setting, or there are no schools that can meet DC's needs.

If DC couldn't cope with attending school it was always unlikely they would successfully transition to a MS college setting.