Ehcp review restrictions or hiding?

[Emma785]

Apologies for long post

First time review for my dc ehcp issued august 20.
Bit of background dc 12 yr 8 has add asd social emotional and learning delays of approx 3-4 years.

We chose to send them to mainstream seniors as she had attended mainstream primary. Once ehcp was issued allocated school could not meet it so with a few days until start of school I had to change school we were lucky enough to find another school more local still mainstream with a good reputation for supporting Sen students and a great Sen leadership head couldn’t do enough to help always answered email calls etc quick at resolving issues and regular progress updates. Dc was doing well. They then left no warning or notification from the school 6 months after dc started. I found out from dc.

Shortly after Elsa teacher also left again not informed. I found out that dc did not have any Elsa support for 4 months Mar-jul which is on ehcp requirements then again sept until this week.

The new head Sen started June last year (already employed as a teacher at school) but is rarely ever available to answer concerns never replies to emails and is now part time also LSA keep leaving and changing again with no notice so I’ve no idea who’s actually looking after dc.

I no longer get progress updates since the last head senco left and I have a gut feeling that the EHCP is not being actioned correctly. This is by comments made by dc and that they do not seem happy as they were in school and there’s been a few issues not dealt with.

The review has been delayed 3 times since July and I keep asking when it will be rescheduled but was met with excuses and promises of ‘looking into it’.

This morning I got an email with a date and time in 2 weeks first thing in the morning when I have 3 dc to take to school which they know i asked for this to be changed and was told that the Sen head is only in on morning and I can only attend via google meet despite being told for previously cancelled meetings I could attend in person apparently due to covid restrictions now but I know that they have had parents attend meeting in school 1 only last week.
I hate google meet and would much sooner speak face to face in person where I can ask to see information ie progress reports, targets, complete work.

Is it correct that this isn’t allowed or are they hiding something?

Any advice or opinions gratefully received thank you

Sadly whether it is virtual of F2F is up to the school if it is would be held on site. There are no rules either way, although many LAs and schools are still doing virtual meetings. Have you tried emailing the HT - about the AR and concerns more widely? You say the AR is in 2 weeks have you had the required information? If not, ask for it to be postponed (to a more convenient time) in order for them to follow the SEN Regs.

The LA have acted unlawfully. Legally an AR must be held at least every 12 months. If the same happens in the future complain to the LA, IPSEA have a model letter you can use. Inform them if they do not hold an AR ASAP you will be forced to begin Judicial Review proceedings as they are in breach of their statutory duties and frustrating your right of appeal. If that doesn’t work contact SOSSEN for help with a pre-action letter.

Is the provision specified and quantified in section F? With no woolly and vague wording such as “access to”, “would benefit from” or “or equivalent”? If so, if the provision is not provided complain to the LA as well as the school as it is the LA who are ultimately responsible for ensuring provision in section F is delivered and threaten Judicial Review. If it is not specified and quantified, sadly, it isn’t worth the paper it is written on, and cannot be enforced. In which case you should try to tighten it up.

You can get progress reports/reviews written in to the EHCP, then if they are not provided you can enforce the provision.

We chose to send them to mainstream seniors as she had attended mainstream primary. Once ehcp was issued allocated school could not meet it

Do you mean the school was still your preference but the LA refused to name it because the LA or the school claimed they couldn’t meet DC’s needs? If so, and the school was not wholly independent, the LA can refuse to name your preference if they can prove:

• 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 to prove incompatibility is relatively high - far higher than having an impact on, adverse effect, or prejudicial to.

Thank you for your reply @Imitatingdory

This as I say is first time review so I’m not really sure what we or the school have to do or what to expect from the meeting. They have give me nothing other than a date and time and there has been no mention of them doing so.

With regard to original allocated school it was allocated prior to ehcp being done. They were aware of dc coming up and her difficulties. This was also a mainstream but larger and had a special unit attached we were told she was allocated a place in the unit but when I then called once final ehcp arrived 2 weeks before start, I was told the place in unit had been reallocated due to no ehcp and she would instead be in mainstream where support could be given but not in all areas detailed such as social and vulnerability due to size of school and staffing. The la then assisted in finding school she now attends which was allocated 3 days before she started.

This details what should happen and when as part of the AR. Information and reports must be circulated to those attending at least 2 weeks in advance.

Regarding the school. Places in ARPs are not normally available to those without an EHCP, so I can see when places where allocated why DD was given a MS place if the EHCP wasn’t finalised. However, if in the ARP was detailed in section F and the school was your preference and named in section I (With the exception of the few stand alone registered units where the ARP will be named in I.) If the ARP wasn’t in section F or the school not named in I you could have appealed.

If you were originally wanting an ARP do you think the current placement is meeting DD’s needs?

When she started there they had a full team of staff specialising in all areas in which dd needed support and we were assured they could fully meet the ehcp. They are also a much smaller school by around 3-400 pupils (I can’t remember the exact figure now) with a higher staff - pupil ratio.

She was doing well until previous head senco left then the staff and subsequently support has dropped drastically.

I have just spoken to the current head senco who sort of danced around my concerns and didn’t seem too happy that I’d called and questioned what they were doing. Finally got to the point however it seems they are no longer meeting her needs fully and she spends much of her time in a classroom with Sen students from all years as they only now have 3 support staff. Elsa and salt are on ehcp as a requirement. Salt has never been given as no trained staff. Elsa given for a couple of month start of y7 she’s now in yr8 and it’s just restarted this week.

She is going to email all info across to me but I’m not happy that it’s taken me pushing to get some honesty

Don’t wait for the SENCO to email, follow up your verbal conversation up with an email summarising the conversation so you have a paper trail as evidence.

If the provision is specified and quantified in the EHCP complain to the LA, as it is them that is ultimately responsible, and look at JR if necessary.

Do you have another placement in mind?