EHCP Annual Review - School/LA may seek to remove provision

[KisstheTeapot14]

Annual Review in June so thinking ahead. There have been noises about getting rid of motor skills interventions (agreed during mediation with LA /our legal advocate as 1 hour per day).

I don't think the school/LA can seek to remove provision without proof this is no longer needed - is this stated in the CoP somewhere?
I always like to refer to the rules during any 'discussion'.

Outcome is to make 'measurable progress with motor skills' but to my mind this can continue to be the case during the whole of secondary. School feel it interferes with access to balanced curriculum and have been trying to get visiting professionals onside with this view.

Whereas I am more interested in his needs being met, which is objective of the EHCP!

Thanks for any ideas on how to defend his current provision (not that they have been doing it properly since he started in Sept - they just seem to not want to do it and so many excuses as to why but that's another story...)

If the provision is specified and quantified in F you can enforce the provision. Complain to the LA, as it is them with ultimate responsible for ensuring the provision is provided. If that doesn’t work threaten Judicial Review.

Do you have up to date evidence it is still necessary? I would be making sure all visiting professionals had my pov as well as the schools.

The 9.166 SENCOP states ”Reviews must focus on the child or young person’s progress towards achieving the outcomes specified in the EHC plan. The review must also consider whether these outcomes and supporting targets remain appropriate.”

1hr a day hardly prevents an otherwise broad and balanced curriculum. Even if it did, that doesn’t mean the SEP shouldn’t be provided. DS3 doesn’t do creative subjects or MFL because he can’t cope and uses for other provision.

Had NHS Physio/OT report last year but their service refuses to specify time - but gave activities for things like hand strength and core etc 5 or 6 areas to work on.

Going to have private OT report a month ahead of the AR and they should be able to specify. Should I invite them to the AR meeting online?

Would that help strengthen the case.

I have contacted the visiting professional and talked to her on the phone so she is well aware of our view but I suspect she will support school (she is phys impairment team who measure for foot stools, slope boards etc)

The independent OT will help. As to whether to invite them to the AR depends on what you can afford. It may help, especially if they are willing to defend the provision. But if money is a consideration and you think the LA will remove provision regardless you may want to save your money for tribunal.

Have you considered also getting an independent physio assessment?

She will do physio tests such as MBAC. I think she will cover all the areas. We want school to focus on gross motor skills as fine motor is worked on in lessons, at home and with practical activities.

I so don't want to go to tribunal - thought we had dodged that by getting his plan well specified in 1st place. Its so unending having to fight to get provision and then defend it year on year.

Its so unending having to fight to get provision and then defend it year on year.

It is, everything is a fight. Sadly, depending on your LA they may try to if remove the provision whatever you do and force you to appeal.

@Imitatingdory

Thanks for your thoughts. I suppose its complicated as he does have typing skills (30 mins a week on EHCP but school have upped this to 20 mins a day) and SALT (1 hr a week split into 20 min sessions) plus the hour a day of Physio/OT exercises.

Still, its enhanced provision unit - all the children have EHCPs in there - so surely they have come across this before - balancing therapies and curriculum? He will only be coming out with entry level exams so its not like there's massive academic pressure for them to achieve A* in everything.....

What's SEP?

They do life skills, social communication and 4 x science lessons a week...DS loves stuff like tech and art and drama so he's very frustrated if he has to come out of those.

1hr a day hardly prevents an otherwise broad and balanced curriculum. Even if it did, that doesn’t mean the SEP shouldn’t be provided.

If I could afford to, I'd home ed and leave all this SEN admin and constant fighting behind in the dust.

I do daydream about this in a bid to stay sane.

Anyway, back to real life!

SEP is special educational provision i.e. the provision in F.

Even with the other provision as well I don’t think the provision should be removed because they believe it is too much. I’m surprised the ARP haven’t come across this before, not necessarily the same provision but needing similar amounts of SEP. This might be a case where the ARP is too rigid. We found that when considering them for DS1.

To give you a comparison, DS3 has a similar amount of time out of the classroom and he is in MS, albeit a supportive one. Each week DS3 has 1 lesson each of OT, SALT, Lego therapy, ELSA, clinical psychologist and 2 lessons of physio, 1 form time each of touch typing programme and social skills group. DS3 is removed from creative lessons and MFL because that is what he finds difficult to cope with, but if your DS has different lessons where he would be better withdrawn from that’s equally valid.

If I could afford to, I'd home ed and leave all this SEN admin and constant fighting behind in the dust.

There’s many a time I have wished we could disengage from ‘the system’, alas the ongoing provision DS1 and DS3 need are more than we could afford and they will need lifelong medical care too. The thing that keeps me going is knowing when it is all in place and actually being delivered it helps, but it’s a slog to get to and stay at that point.

Thanks @Imitatingdory. That's great for a MS school.

Yes - I think the same as you, surely this is not a new situation for them to deal with?

Plus it's not like the Enhanced unit didn't have opportunities to put their hand up and say they didn't think an hour a day on phys skills was in their view going to interfere with balanced curric. I mean we went to visit with draft in Y5, they came to transition review, they were consulted to see if they could make provision by LA.

I think now its a case of thanks for the money....and we'll do what we want. Not saying they aren't generally good. From what I can see their teaching and learning is great and the curric pitched at the right level for DS and his peer group.

The phys impairment person I spoke to who school were quoting as agreeing with me basically said you're lucky he's got this unit at all, most of the country don't. Again, yes I know that is true, doesn't mean its right or fair and doesn't mean I won't hold school to account when I need to - however good it is.

Just infuriating that we fought so hard to get a good EHCP and its not been followed properly and they may try to push for removal of inconvenient interventions.

Have emailed the OT to ask if she can come and price is reasonable - around £100. Just waiting for her to get back from hol and see if the date/time is free.

Might ask SENDIASS too, have found useful in past and they know the law well.

I never quite know how much info their share with LA though...

Sometimes feel like I have to keep my arguments as cards very close to chest until time to play. Such a tedious game I have never known!

I hope the OT can attend. Be careful with SENDIASS, some are good, but too many aren’t and repeat the LA’s unlawful policies. They receive LA funding so aren’t completely independent and will ultimately toe the party line.

DS3’s school is amazing with him, but it only happens because it’s in his EHCP and I will enforce it if it isn’t provided.

With DS1’s EOTAS I am often made to feel we should be grateful for every last little scrap of provision. Its frustrating, I roll my eyes and let it go in one ear and out the other. I know DS1 needs all the provision and just because other DC don’t have comprehensive provision meeting all their needs doesn’t mean DS1 should receive less. Quite the opposite, many other DC need more provision.