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

EHCP Vent

10 replies

20IsPlenty · 19/05/2023 14:41

I need to vent. It has been 8 months since I first requested an EHCNA for year 6 DD. The LEA refused to assess and then conceded on response day.

They have then delayed at every possible opportunity and have still not offered either a draft plan or a refusal letter. I told them I would instigate JR (I am on the SOSSEN waiting list for a pre action letter). This appeared to do the trick in terms of getting DD’s EHCNA completed but now, the case worker ignores most of my correspondence . I’ve repeatedly asked for an update to no avail.

I received the report in the post this morning from the EP and frankly, it is pathetic. Whilst it does agree DD needs SEP, it makes no sense as to what should actually be provided (lots of wordy words with no clear meaning). There are also no hours listed. It states DD needs teachers who are familiar with needs such as hers. Lots of “will benefit from” and “should have access to”. The outcomes also state “needs an outcome relating to XYZ” . It’s utter rubbish.

It’s highly likely the LEA are going to decline to give her an EHCP based on this but I just want them to tell me so I can decide how to proceed.

DD is at high risk of school refusal and without an EHCP she is going to rot on the SEN register with no meaningful support at all (a bitter experience with two older siblings).

If there are no hours attached in the EP report , is it likely to be refused? I am getting increasingly frustrated with the whole situation.

OP posts:
ThomasWasTortured · 19/05/2023 15:17

If you haven’t tried emailing the Director of Children’s Services try that. Ask them to go back to the EP to make the report detailed, specified and quantified.

Not having 1:1 hours specified and quantified doesn’t necessarily mean the LA will definitely refuse to issue, but it will mean even if they do issue the EHCP will be vague and woolly.

If you can you afford to consider looking for someone else to take on your case for a pre-action letter.

20IsPlenty · 19/05/2023 15:43

@ThomasWasTortured I have emailed the director multiple times and whilst their secretary does respond, it is always with a generic response about using their best endeavours to resolve the issue.

I have called and left messages with our case worker requesting they update me but they have now stipulated I have to deal with their manager , they just tell me they do not have the information and the manager has not called me. (I have been polite and courteous to all I’ve dealt with throughout so I’m unsure why it now has to be dealt with by management only; it has only been the case since I mentioned JR).

As a decision should be imminent, I wonder if it’s best to wait and see if they issue and then appeal the contents? I’m incredibly frustrated as the delays are delaying my appeal time.

Thank you it’s reassuring to know that the lack of hours does not automatically mean no EHCP.

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ThomasWasTortured · 19/05/2023 15:49

I would still raise the vague and woolly report, but would still push them to finalise ASAP and then appeal.

20IsPlenty · 19/05/2023 15:54

Thankyou. I have left a further message and requested someone contact me urgently; albeit it’s unlikely to be before the weekend now <sigh>.

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20IsPlenty · 19/05/2023 16:51

@ThomasWasTortured I have received a call to say DDs assessment has now been reviewed at a panel (I don’t know what this means and I couldn’t ask as toddler DS was screaming for his food). The case worker said that an official communication will be sent out in a week but did not say what this was. Would a communication be sent if it was a draft plan or just if it was a refusal?

Surely they must have a decision and now I will be left frustrated all weekend <sigh>.

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ThomasWasTortured · 19/05/2023 17:21

The ‘panel’ may not actually exist. LAs sometimes like to hide behind panels. Many years ago a MN’er caught their LA out with a FOI request which showed the panel they claimed had made the decision for their DC didn’t exist.

The communication may be a draft plan or it may be a refusal to issue.

now I will be left frustrated all weekend

I’m sure LAs send correspondence late on Fridays on purpose. I often like to get my revenge, giving them enough time to read but not reply/act. Petty, I know.

20IsPlenty · 19/05/2023 17:53

Yes more tactics so they don’t have to deal with things. I’m resigned to it being a refusal to issue as I do not think they’ll be able to whip up a draft plan in a day. Very sad for my DD tonight.

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ThomasWasTortured · 19/05/2023 18:11

as I do not think they’ll be able to whip up a draft plan in a day.

The state of some EHCPs and the number of C&P jobs I’m sure many are written in far less time.

I have 2 DC with EHCPs, 1 of them had a first draft which had 3 different names, 2 different ages, in places he became a she and a preschooler would have numbered it better.

20IsPlenty · 19/05/2023 18:21

@ThomasWasTortured Maybe there is hope after all! <grin>

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Itslateandimtired · 19/05/2023 23:01

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