How to make an EHCP Watertight

[Whatwouldyoudo41]

Hi All, We've finally managed to get the Local Authority to concede and issue an EHCP for my son, who has visual and learning difficulties.
I'm now at the stage whereby the LA have issued a (fairly vague and flaky) draft EHCP, for which I have 15 days to respond.
My issues are that, in spite of a huge list of recommendations from health professionals which would mean hours of daily 1-1, the LA have listed these recommendations as part of the school day and should be carried out by all existing teaching staff, which is clearly nonsense as the recommendations re for things like Visual support, SEND support and Speech and Language Therapy.
What's the best way of going back to the local authority? I have already spoken to the school and we have already hatched a plan of how best to help him (4 hours per day 1-1, SLT etc) Obviously I will fill in their form saying thanks but no thanks, but do I need to go back with a list of my/ the schools suggestions? As someone previously said to me- section F needs specifics about who, what, when, where. But i'm not sure about how to put this to the LA.
Also- after the 15 day deadline is up, is it a continued negotiation or are there further deadlines?
I'd really appreciate any wisdom anyone can offer. Thanks.

Were you appealing? If so, if the LA conceded after responding the LA must follow the deadlines in the consent order. If they conceded before responding the deadlines are set out in Reg 45 of the SEND Regs 2014.

Don’t get into going backwards and forwards negotiating with the LA. It rarely works. If they won’t make the amendments you want push them to finalise and appeal - which sadly too many have to do in order to get a specified and quantified section F.

Are the reports detailed, specified and quantified? Provision in EHCPs is taken from the reports, so if they are vague and woolly the EHCP will be too. For example, does the SALT report actually specify direct provision from a SALT? Because many reports don’t, instead they state a TA will deliver a programme set by SALT.

You will need to inform the LA which parts you would like amending. If the reports are detailed, specified and quantified use them as a base for what needs amending.

Thanks so much for your reply, thats a very helpful response. I dint realise you could appeal the plan itself. Actually it was very strange- we'd just had the info pack back from the courts for the tribunal and about a week later the LA sent me an email stating that they had overturned their decision and were going to issue a plan. The plan is woolly and vague, it doesn't mention any specific professionals, it just says the recommendations are to be provided by 'all school staff' which is nonsense. No Speech and Language therapist mentioned although this is a specific area he needs support in as he has DLD. I will inform the LA about which parts I feel need amending. Thanks again

You can appeal the content &/or placement.

The plan is woolly and vague, it doesn't mention any specific professionals, it just says the recommendations are to be provided by 'all school staff' which is nonsense.

But what do the reports themselves state? If the reports don’t state a specific person or specific therapy neither will the EHCP. If this is the case you will need independent assessments if you appeal.

Did DS have a SALT assessment?

Yes, he’s had a speech and language assessment. He’s had 6 professional assessments and all of them have quite specific recommendations and include words like 1:1 provision and highly differentiated curriculum, but they don’t specify who should be delivering. In fact, I’ve just counted and throughout his reports he had 53 recommendations! Most of these would require 1:1 and specialist input.

Unfortunately, if the reports don’t specify who should provide the provision they aren’t specific enough. Otherwise, as you have found, the EHCP won’t specify who delivers the provision either or specifies someone inappropriate. I fear you will to need to appeal and seek independent an assessment.