Designated Safeguarding Lead, Social Worker and PALMS

[twitterusername]

How do you get Designated Safeguarding Lead, Social Worker and PALMS to help you as a team rather than policing you. I have a vulnerable teen wanting to explore the world but don't want to be accused of neglect or stop them from going out. I think it is systemic failure. Somebody please help it's so hard.

If you want anyone to help you are going to have to give more information.

Yes it's hard to answer without more details. Services will want to see collaboration so you working with them and them working with you but it really depends on what the issues are, what you need from the services, what they are capable of providing and your past history with services. Without more detail the best I can say is be honest and show willing.

Yes I think a bit more info is needed if you’re still looking for answers @twitterusername.

Have you attended a MAT meeting with them before?

Don't know what information you require. There has been collaboration and is all amicable. Don't know what we need and everything is honest and willing. MAT meeting - No

It's just if you Google Designated Safeguarding Lead and Social Worker it sounds scary to me, the parent. I feel school has stitched us up. Autism Accredited but can't deal with him sometimes. They don't provide written evidence, feel they are slippery.

If all is amicable and you are collaborating why do you need help to work as a team?

You don’t need to be scared of the DSL and social worker.

Start by explaining why you feel scared and stitched up? Why do you feel they are policing you? What you think is a systemic failure? Why you think they are going to accuse you of neglect? Is the social worker from the children with disabilities team? What you want to achieve and why you think that isn’t happening at the moment?

Can you explain what you mean by ”Don't know what we need and everything is honest and willing.”

What I was meaning @twitterusername is what are they doing / not doing to make you feel this way? Then we could give specific advise.

What makes you feel “stitched up”? Do you have a parent liaison officer at the the school to help bridge the gap between you and the agencies your working with?

It sounds like you’re feeling overwhelmed do you have anyone to accompany you to meetings to support you?

Can someone please confirm how section D of EHCP works please? My sons is incorrect and virtually empty but social care have him on CIN meetings. It confused me that its left as it is when there is involvement. Should any of this be included? I intend to appeal B,F and I if we do not secure out of county, specialist school by 31st March. None of this is currently in the plan.
On the CIN reports, there should be needs, provision and outcomes. Do you need to lift these of the assessment report or CIN plan and add them to sections D, H(1) and E as you would for an education report?

Or will there be witness statement from the social worker to help? Isn't it the same process as for the education sections?

Can PALMS not put anything within the plan either? I feel like as the LA has so much faith in PALMS magically making food problems, absconding to wash cars, personal relationships, communication frustrations
disappear, why is it there is no input from them within his plan. I feel bad for PALMS and myself, expected to have a miraculously cure! I also need a written report from PALMS in terms of needs, provision and outcomes.

I look forward to hearing from you soon.

Twitterusername it would be much easier for others to help you and you will get better, more helpful replies if you start at the beginning, post more detail and answer posters’ questions.

All provision in EHCPs is taken from the evidence/reports, which is why it is important they are detailed, specific and quantified otherwise the EHCP provision will be just as woolly as the reports.

PALMS provision can be in the EHCP - depending on what type of provision it is it should either be in section F or section G. But it won’t be included unless you have evidence it is needed. Has DS had assessments by SALT, OT, psychiatrist and CP? When was the last time DS had a reassessment of needs?

If you are going to appeal BF&I SENDIST can look at health and social care provision too. It isn’t binding but if the CCG or LA, respectively, aren’t going to follow the recommendations they must write to you and SENDIST within 5 weeks. If this happens complaining to the LGO or beginning Judicial Review proceedings may be possible. All social care needs should be in D, and corresponding outcomes and social care provision in E & H.

Do you currently have the right of appeal? Is this a post 16 phase transfer year? Why are you waiting to appeal, why not appeal as soon as you are able to. Make sure you don’t go over the deadline.

From your last post I can why some may have concerns about DS accessing the community “to explore the world” without support.

I didn't want to post more detail as I am sure LA are watching.
Can I use emails as evidence?
DS has had assessments by SALT, OT EP what is CP?
I don't think DS has had a reassessment of needs ever.
They Proposed amended EHCP 9/12/21
We don't currently have the right of appeal. I think that is when the issue final EHCP? Yes it is a post 16 phase transfer year. We are looking for an out of county specialist school because the gap between him and his peers at in county Special school with Autism Accreditation is widening. As you can tell I don't know what I am doing but have sent off draft EHCP for checking by SENDIASS but it has gone over the 15 days checking time but I have asked County to consult on another out of county specialist school as the last one was full.

From CIN meeting:
All agree it is not the safest idea for DS to go out alone.
DS isn't able to safely access the community alone.
Can take out re: focus on particular member of staff.
DS is not showing obsessional behaviour around particular staff members. Thinks this would have continued if hadn't moved that staff member to a different classroom.
DS's attendance is good, he is engaged.
He is familiar with all the adults he is working with.
Has 'almost a friendship' with a classmate.
A lot of their communication isn't verbal, but they enjoy each other's company.

Thank-you for helping me.

CP is a clinical psychologist. If DS has never been reassessed the assessments will be out of date, have you considered asking for a reassessment of needs? Depending on who the emails are from and their content they may be useful as evidence.

Be careful with SENDIASS, some are good, but too many are not and repeat the LA’s unlawful policies. SOSSEN have a draft checking service, but that may be too late now.

You say your preferred school is full. Is the school wholly independent? If not the LA can only refuse to name your preferred placement if:

• 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.

‘Full’ is not defined in law, and on its own is not enough to refuse to name your preference, they have to prove they are so full admitting DS is incompatible, which is a relatively high bar.

Yes, you will get the right of appeal with the finalised amended EHCP. It is difficult to help with your OP without you explaining more.

The issue here is that definition of needs/provision is lacking and a key potential witness to those needs and provisions, PALMS, won't assess readily to help LA determine EHCP content. Empty plans aren't helpful.

I didn't think you could just stop process to wait for reports and consultations, I thought you had to get reports within a set time frame? Can you for example by extend the timescales and thereby frustrating the right of appeal.

Can the LA just steam ahead no matter what - so if reports or assessments from PALMS, or anyone the parent requests aren't in during that timescale, do you just go on what you have?

I thought LA must seek views of parents and info from additional sources requested by parents. It is sometimes possible to squeeze in reports at the last minute, and ostensibly up to the point the EHCP is finalised, but realistically the LA MUST adhere to the law or else action can be taken against them.

Part of my issue is I am not sure what we need, or is available so not sure what to ask for. I feel I am in a restaurant where I know the ingredients but Have no idea what the chef makes with them as no menu to choose from.

Have you actually formally asked for a reassessment of needs?

Both the annual review process and reassessment of needs process are governed by statutory timescales. If the LA aren’t sticking to the timescales threaten Judicial Review, and then contact SOSSEN for help with a pre-action letter if they continue to stall. The timescales are statutory so the LA must finalise within the set times, with very limited exceptions. If the LA cannot seek advice from within the LA or NHS within the timescales they must commission independent assessments.

Whilst the SEN regs allow parents to reasonably request assessments from professionals as part of the needs assessment if the LA do not oblige, even if acting unlawfully, the best way is to finalise and appeal, getting independent assessments if necessary.

You don’t really need to know in depth what you need. Provision is taken from the reports and evidence rather than what parents ask for.

The amended draft was only a month ago, in the scheme of how quickly the LA work and the timescales that isn’t a long time.

Thank-you for you help. This was their reply: I have been advised that I can request a reassessment of DS’s needs and this will need to go to panel for discussion. The next panel is on 25th January so I will submit his EHCP and recent annual review documents.

Once the case has been heard at panel, you will be contacted within 15 days.

The LA are acting unlawfully. When parents request a reassessment of needs the LA must notify the parents whether or not they are going to reassess within 15 days (Reg 25(1) SEN Regs 2014). Email the Director of Children’s Services reminding them and telling them if they do not comply you will be forced to begin Judicial Review proceedings. If they aren’t going to reassess you will get the right of appeal.

Thank-you for your help.
Was their reply a notification to reassess? I want them to do it immediately because time is running out to name our parental choice school which they have to do by 31 March for our post 16 transfer.

It doesn’t sound like it. It sounds like the panel will decide whether to reassess or not, which is in breach of the timescales.

Given the statutory timescales for reassessment of needs it is unlikely any amendments as a result of a reassessment of needs now will be finalised by 31st March. So, if they do agree to reassess, it is likely the EHCP will be amended for phase transfer and then amended again post reassessment of needs.

This has been their reply: "Thank you for your email to Director of Children’s Services . I thought I would respond to your directly as I can advise that the LA have 15 days following your request to advise as to whether the LA will complete a reassessment. We received the request yesterday and 15 days from receipt will mean that we will need to advise you of the LA decision by 28 January 2021.

We have over the last few months received many emails from you requesting post 16 provisions, to include:

Hillingdon Manor

Treehouse

Oaklands

Radlett Lodge

West Herts College

Egerton Rothesay School

McIntyre

National Star

The SEND Team have consulted with all schools/colleges you have requested and out of all of these consultations the only placement available so far with a response to meeting needs is Oaklands College.

I would like to advise at this time the LA are not clear on the placement you are requesting. As you are aware unless a setting is a Section 41 setting then the LA cannot direct them to take DS for Post 16 provision. Therefore with regards to the independent placements they will have to advise that they are able to meet DS’s needs, which at this time they have not. We are unsure if DS has also been to any college/school for an assessment, if you could kindly let us know this information then we can request a copy of the assessment completed.

As we have continued to advise we are here to work with you all to ensure that DS receives a Post 16 placement, which can meet his needs. If you have any additional schools/colleges to consult with please do let us know as soon as possible."

After all of them are full I only have one left which we are waiting to do an assessment for, unless you can suggest any others. We need a school so that DS can have two extra years in education for his SALT and OT needs under EHCP conditions, and then go onto college as he is entitled to education until 25. The LA unlawfully are only offering a "core offer" at college until he is 18 only.

Do you have anyone who can support you with the process and in dealing with the LA?

Did you not request a reassessment of needs prior to this week?

The LA are correct, they cannot direct a wholly independent setting to admit.

Both SALT and OT can be provided in a college setting. If it is in the EHCP it must be provided regardless of what is usually provided.

Obviously I don’t know DS’s needs but have you considered any other Priory, Ruskin Mill, Aurora and Witherslack schools and colleges. Also, have you looked at Swalcliffe Park and LVS Oxford.

Do you have anyone who can support you with the process and in dealing with the LA? No not really, Sendiass who have only phoned back once to tell me what to do. Issued me with one small instruction. They will be checking this half finished EHCP though. They are not impartial because they work for the county.

Did you not request a reassessment of needs prior to this week? No didn't know I needed to.

I want DS to finish school which is a longer educational route rather than just 2 years in college.

College doesn’t just have to only be 2 years. With an EHCP many stay for several years at college. Whether it’s a college or a school is largely irrelevant if DS’s needs are met.

I thought when you posted ”so if reports or assessments from PALMS, or anyone the parent requests aren't in during that timescale” you had already asked for a reassessment of needs. If DS has not got up to date SALT, OT, EP and MH assessments the provision in the EHCP won’t meet DS’s needs. The only way of forcing assessments within a relatively short length of time without sitting on the normal waiting lists is via a reassessment of needs.

Have you spoken to IPSEA or SOSSEN? Can you afford an advocate or solicitor?

In our county there is no school provision 16 -18, they send them to college 2-3 years maximum then dumped onto Adult Social Care. It is unlawful, if this happens then I will have to appeal again. I would rather fight them now and then a Specialist college will have DS at least for a few years more. We need the longest educational route to allow for OT and SALT under EHCP conditions.

I am doing things as cheaply as possible, so far you have been my best help. Thank-you so much. We must have hit a nerve because they emailed me before 9am! Usually they just ignore me.

I really feel you need some real life support.

You don’t have to only look at provision in area. A specialist college, or other provision, and SALT and OT provision can go until 25, no matter when they start.

Based on your posts, I imagine you are going to end up at tribunal anyway. Would you be eligible for legal aid?

I imagine you are going to end up at tribunal anyway. - It's the county way, they don't have the staff to do it any other way. They rely on people just giving up too.

Would you be eligible for legal aid? - No

As time has passed I have more time to think. I think what I want, is DS to go from a vulnerable teen that should be kept at home if possible, not left to be loose in the community , to a young man that will be able to drive to work.

I am writing to you because I don't want DS locked up for his own good. There has been a lot in the news about Autistic people being locked up for various reasons. The statistics are not looking good for Autistic people.

I don't think the people involved in our case are qualified or experienced enough to help us.

I struggle to make black or white decisions and feel the subject discussed has been grey. Therefore, because I have studied Statistics I have used the Pareto Principle to help me, be more decisive around the subject of letting DS around the community. I don't want to be accused of neglect.

I am guessing they would be the people responsible for locking DS up. It would be a shame because he has so much going for him. I know there are older Autistic people in the community who are free, from the Carer, because they have been allowed to drive. Can you help me with DS gaining his independence. There must be lots of cases (700,000 Autistic people in the country) and people who know the method (how to lower them into independence safely)with an Autistic person. When there were less cars on the road during the pandemic we just let him go to explore the world. The local police know DS well. I need to know DS is going to be ok before I die.

I look forward to hearing from you soon,

OP do you have an advocate at all for yourself or your family? I wonder if you can access support to help you plan for your son