Please or to access all these features

SEN

Here you'll find advice from parents and teachers on special needs education.

EHCP - Amend in Review or Fight Now?

6 replies

SpoilerFree · 29/11/2022 13:01

So we finally got an EHCP for our severely autistic son. He's starting school in September and we're going through the transition process for getting his school named (the plan currently lists his nursery).

The EHCP would not be sufficient if he went to a mainstream school, but we are desperate for him to go to the local special school which is fully equipped for people like him and therefore the EHCP would suffice as it is if he got to go there.

If we fight the currently issued EHCP as being inadequete would that interfere with naming him a place at this special school? Would we face delays for his placement? I heard tribunals can take years?

Also as this is our first issue of a plan, I don't know how the review process works... as in...how hard is it to get the EHCP updated with additional provisions etc if we don't fight now and wait for the review?

Thanks in advance everyone for your advice. I hate this system, it's confusing and broken.

All I need is for him to get into that school - it's perfect for him😭

OP posts:
Thatsnotmycar · 29/11/2022 13:17

The EHCP would not be sufficient if he went to a mainstream school, but we are desperate for him to go to the local special school which is fully equipped for people like him and therefore the EHCP would suffice as it is if he got to go there.

Are you sure of this? A poor section F means the LA might not name a SS because on paper needs can be met in MS. Also, even if attending a SS all the provision needed must be in F e.g. many parents think in SS things like SALT don’t need including in section F because the SS offer it, but that isn’t the case and if it is not in F their child may not receive it even in SS.

The wait for Tribunal is around a year. But going through that process now won’t alter the process of naming of the reception school (either MS or SS).

It is often easier to get the EHCP sorted now rather than try to tighten it up at a later date. Reviews must be held annually but this doesn’t mean the LA will agree to amend the EHCP following the review, you may still have to appeal.

Is the school wholly independent?

SpoilerFree · 29/11/2022 14:14

Thank you for replying @Thatsnotmycar. I've been lurking for a long time here and I have seen your relentless dedication to helping the people posting here. Thank you so much for your assistance for all of us - I'm sure you have made many children's lives immeasurably better as a result.

In regards to your question, the special school is maintained and requires the child to be named in the EHCP to qualify for entry. As you can imagine we want to do everything we can to make sure he gets it named!

OP posts:
Thatsnotmycar · 29/11/2022 15:31

Obviously there’s no guarantee you won’t have to appeal the reception placement when it’s named, but the best way to reduce the chance of needing to appeal is to ensure the EHCP is the best it can be now. So all needs in B, all provision needed to meet those needs in F and no woolly and vague wording.

Thank you, many years ago I received support from MN’ers I could never repay. Now we are in a better place I like to give back.

Rollingupahill · 29/11/2022 15:32

The EHCP will be issued and is final until amended, i.e. following a tribunal.

SpoilerFree · 29/11/2022 15:58

Thank you both!

If I start the process to object to the current EHCP and then the school we want isn't named.. would that mean objecting separately or would it be part of the same appeal/tribunal?

OP posts:
Thatsnotmycar · 29/11/2022 16:11

Any appeal registered now won’t be heard for around a year, although phase transfers are prioritised you are still looking at a wait. If when the LA issue the amended EHCP for phase transfer it doesn’t name your preferred school you can submit a request for change form to SENDIST to ask them to look at section I as well.

New posts on this thread. Refresh page