EHCP agreed for DD (17) - advice needed please on draft plan (which I think may not be fit for purpose)

[MuddlingThroughWithoutAClue]

Apologies that this is going to be longwinded - any insight and advice would be gratefully appreciated.

Received draft EHCP yesterday and I don’t think it good enough - lots of info but nothing quantified. I find the format quite confusing also and don’t really know where and how to start addressing the problems.

I have got the IPSEA and SOSSEN checklists but still feel fairly overwhelmed by the layout and wording.

DD(17) has a diagnosis of Generalised anxiety disorder with panic, low mood and social communication disorder (referred for ASD assessment). She rarely leaves the house due to high levels of anxiety and struggles to be around other people. Friendship difficulties in year 9 triggered school anxiety and year 10 was difficult and then the pandemic struck and school went online. DD was unable to return to school in year 11 despite reasonable adjustments (reduced timetable, dropping of subjects, safe place etc) and had medical needs tuition for the last few months of year 11 and was awarded one GCSE. DD is currently repeating year 11 via medical needs tuition - her lessons are virtual 1:1 live lessons. I am aware that the LA have no statutory duty to ensure education for post-16 students without an EHCP hence I need to get this right.

Applied for EHCNA in May and were refused. Put together with more info and a private EP report and LA agreed to assess when they received our appeal info. They refused our requests for SaLT, OT and clinical psychologist to be carried out as part of EHCNA stating that they didn’t make referrals and could only ask services if they had had prior dealings with/knowledge of DD. Used IPSEA model letter quoting SEN regs to no avail and also complained to director of childrens services - had a reply to say that children/YP had usually accessed all the services they needed by the time an EHCP was requested but that perhaps they should look again at their processes in the future as this might not be the case in a minority of children/YP! We were therefore surprised they agreed to issue an EHCP.

We received the draft plan yesterday and nothing is detailed or quantified. The covering letter states that we have 15 days to respond and name a school setting. Do we now enter into a negotiable with the LA over educational setting and content of the plan? Does that stop the clock or is there a time limit?

DD needs 1:1 lessons at home to try and get her GCSE’s (she is currently studying for 4) - how do I ask for this?

Section B (SEN needs) talks about DD’s significant anxiety but doesn’t mention panic, low mood or social communication difficulties.

Section C (Health needs) lists them all

Section D (Social care needs) - states “no needs identified”. I requested a social care assessment and the result was a referral to Early Help and we have subsequently had a TAF meeting (this was after the deadline for EHCNA evidence to be in).

Section E (Outcomes) - the plan talks in terms of outcomes sought by the end of the current Key Stage or phase of education. Do these outcomes change at reviews to reflect different stages of education? Also Preparation for Adulthood states “no outcomes identified” and I’m not sure that’s correct at age 17?

Section F (Special Educational Provision) - this is mainly seems to have been copied from the EP reports and is full of wording like “opportunities to”

Provision and funding for this is stated as “*Teaching and support staff from ordinarily available and top up funding”

Sections G, H1 & H2 -* all “none identified”

Section K isn’t complete and doesn’t include all the information we submitted with our appeal including the Independent EP report which the draft refers to at times.

I think I need to contact the LA and:

1. Question why there is missing evidence from section K
2. Tell them we can not name a school setting as DD needs 1:1 lessons at home (virtually or in person).
3. As that section F is quantified - ask them to go back to the LA EP for this information? (or ask the independent EP we used to be more specific - I don’t know why she didn’t or why I didn’t question it)
4. Should the CAMHS therapy DD is receiving be listed somewhere?

What else should I be questioning? Can I ask for mentoring to be included? Can I ask that more evidence is taken into consideration? E.g DD now has a care coordinator and is having weekly therapy, we’ve had the early help TAF meeting, letter from CAMHS medic requesting in support of exam access arrangements suggests that DD takes exams at home or in a room on her own due to high anxiety levels etc

Thank you

Absolutely right dory. It's awful that LAs can get away with writing such vague plans.

This visual sums up how I feel sometimes. It can be so consuming. We applied for an EHCNA in July 2020 and still don't have a decent plan for Ds in December 2021.

Muddling you are not alone in navigating this awful process.

Thank you @Imitatingdory for another detailed reply. And thanks @Punxsutawney for the hilarious contract as EHCP which made me laugh and was just what I needed!

Punx you sound like you've been through the mill - nearly 18 months since you first applied for an EHCP! Are you currently appealing?

It feels like we are between a rock and a hard place. If we accept the MS in I it's as though we're saying MS is the right setting when it clearly isn't and setting ourselves up for being stuck down the MS FE route. If we refuseto name a setting and request EOTAS it will be hard to get. LA can name setting against our will and take away medical needs tuition and we can enforce nothing due to vagueness of EHCP.

We can appeal though.

Muddling it is why you shouldn’t go back and forth negotiating with the LA. In this situation the only way to ensure DD gets an adequate, enforceable EHCP is by appealing.