Draft EHCP vague

[Blossom987]

Just wondering the best approach to comment on a vague EHCP draft (proposed amendment following first annual review). It’s mostly the provision that’s the issue, not detailed or specific enough. Cross checked and it’s the professional reports that are not right, LA just copy and paste.

So should I comment back on every single point that I think needs amending (which I’m prepared to do but will take a while to go through) or just tell the LA they need to go back to the professionals and make it more detailed/specific/quantified and maybe just give one or two examples of what I mean? I want to do the best I can for DS but be time efficient too.

I would do a mix of both. As provision in EHCPs is taken from the reports, if the reports are vague and woolly the provision in section F will be too, so you need the LA to go back to the report writers to make them detailed, specific and quantified. But, I would also highlight to the LA all the woolly and vague wording.

Can I hop on board and ask Imitatingdory - what do you do when the professionals that write the reports refuse to amend?

Ie our EP report said, 'daily support and counselling' from a 'TA', but this was neither specific, nor quantified. When I asked the caseworker to go back to the EP, he refused to amend.
Also, the Communication and Interaction team wrote that DD would 'benefit from' a specific intervention. When it wasn't within section F (and I again flagged the woolly wording to the caseworker) the caseworker said proffesional wouldn't change what was written.

Are the caseworkers/LAs 'playing parents'? Or is the only way to change terrible reports to appeal?

Unfortunately we were forced in to finalising a poor EHCP, to secure a specific secondary placement (and transport) at the very end of August! An appeal would've meant no placement for months and months, and that would've been devestating for my DD's mental health. I did however bring the EHCP to an early review.

Yes tell them the reports and the EHCP are too vague and woolly and quote the Code of Practice at them:

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.”^

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

Pandyandy Ellie’s post is, as always, excellent advice. Remember to complain in writing if you haven’t already. LA professionals often give vague, woolly reports because vague, woolly reports mean vague, woolly provision in EHCPs, and LAs rarely make section F detailed, specific and quantified unless forced to. A vague, woolly EHCP isn’t worth the paper it is written on. DC may not receive the provision and it is not enforceable,

Ultimately the only way is to appeal B&F which will be vague and woolly if the reports are. Have the LA agreed to an early review? If so, following the review if the LA refuse to amend or amend but not satisfactorily appeal. If they refuse an early review you don’t have the right of appeal and you would either need to wait until AR or request a reassessment of needs. You are likely to need independent assessments at this point. An appeal wouldn’t haven’t meant no education/placement for months. The finalised EHCP stands until tribunal.

Thank you very much for the advice above! Incredibly helpful!

When (as per the Code of Practise says ,along with advice from SENDIAS etc) you highlight that the draft isn't specific, quantified and contains woolly wording, but are met (after months of waiting) with 'well they stand by what is written and won't change it', and 'well we need to finalise or you won't get transport' - you just get backed in to a corner.

I absolutely now see that because everything took so much longer than the statutory time frame, I should've initally taken the LA to judicial review, and I now know that we should have appealed refusal to comitt to specifics and the LA stance was utter rubbish.

I am definitely in a stronger place now, than August last year, though - so shall fight to right some wrongs.

Thank you again

well we need to finalise or you won't get transport

As with so much of what the LA have told you ^^ this is nonsense.

Although I would always recommend finalising and appealing (without actively partaking in mediation, just get the certificate) rather than going back and forth, potentially for months, getting no where. LA are using it to fob you off and waste time. LAs sometimes need to see you are serious and they can still concede if they are going to.