Would I be unreasonable to follow-up School on delivery of a hopeless EHCP?

[MrsLamb]

Am appealing a complete piss take of an EHCP. Poor DS has pretty complex needs. These, and well specified suggested provisions were documented in an independent EP report, which has been ignored in favour of rubbish report produced by an LA EP, who didn't even both to meet DS, and who has refused to correct basic factual inaccuracies. In the concluding stages, the EHC plan was revised to include the the independent report's detailed evidence of need, but section F was left with a list of vague statements that don't match the needs, and will all apparently be discharged 'by indiviudal subject teachers in every lesson'.

It is such travesty of a document it would almost be funny, especially the brazen Orwellian doublespeak, if it wasn't my blameless child's education and wider life chances that were being impacted.

Six weeks on and I am getting feedback at parents evening from these same subject teachers, saying things like, 'Lamb Junior is frequently distracted and isn't paying attention to instructions' when in fact Lamb Junior has multiple issues with cognitive functioning, and communications, that are detailed in section B.

Thing is, this rubbish EHCP specifies 27 (vague) things that his poor old subject teachers are meant to do every single lesson.

Would I be unreasonable to reply to his teachers who are pulling him up for the inattentiveness and difficulties engaging with tasks with the list of 27 things the law now requires them to do, and ask them for an update on how that's going?
I don't want to piss these blameless staff off, but as a result of the cynicism of the LA, they are now legally encumbered (and I suspect are blissfully unaware as I imagine it looks completely undeliverable to the SENCO?)?

I did just wonder if leaning on the school to comply might put some pressure on the LA? Any thoughts?

By all means make teachers aware of DS’s needs and the EHCP.

But, if the SEP is worded in a vague and woolly way it isn’t worth the paper it is written on, unfortunately. The provision doesn’t legally have to be provided, and it is not enforceable.

If it was detailed, specified and quantified it is the LA with ultimate responsibility for ensuring the provision in provided. Although the school has to make their best endeavours to meet DS’s SEN.

Thanks @ThomasWasTortured. Essentially they've ignored his needs and produced an EHCP offering only quality first teaching.

Sadly, that’s all too common.

Worth contacting MPs and Councillors?

In my experience, unless you have someone particularly excellent, it is a waste of time.

Thank you @ThomasWasTortured.

Bit grim seeing poor old DS, who has had a hard time of it, be utterly screwed over by the LA. Has been in this school for 2 years and his complex needs are still not being addressed, despite oodles of evidence an an EHCP.

I’m sorry. Your circumstances are replicated up and down the country. I know that doesn’t help you, but at least know that whilst it feels deeply personally you are not alone. The system is utterly broken.

talking-sense.org/ I suggest you pay these people to go over the EHCP with a fine toothed comb and then call an emergency review.

Thanks @Phineyj . I did have some specialist input into the EHCP itself, and the LA were presented with sound and clear analysis of the multiple shortcomings of their plan. Think for them every day they are not paying out is a win, so they flick the metaphorical Vs and say 'so take us to a tribunal then'.

Well that's what you'll have to do then.

It's rubbish...

Thanks Both. It is. The thing that gets me is the cost of independent reports, representation at hearings etc and impact on his childhood

Don’t feel you have to have representation. It is more than possible to be successful without. The vast majority of appeals are upheld.

Are you eligible for legal aid? If not, and you need further independent assessments, contact Parents in Need as they can sometimes help.

It is annoying, isn't it? I reckon we'll have spent about 5 grand all in all (over 5 years). We're obviously very lucky to be in a position to do that.

The thought that the actual EHCP may make little difference is depressing me tbh.

But you've got to try.

I'm on my own with DS so it's the difference between us having holidays and not having holidays. I wouldn't mind so much if it was borderline, but when they are blatantly breaking the law, and inflicting this level of financial pain on us, to deter us fighting for DS basic rights, I find it really hard TBH.

It is outrageous how many tribunals local authorities lose.

When I saw the table comparing how many tribunals different bits of the government lose and saw that SENDIST is well ahead of even DWP; well, that gives you pause for thought.

Hang in there OP.

Thanks @Phineyj. I sometimes fear I will be overwhelmed by it, and lose my mind altogether.

Oh I can relate to that. It's a very depressing and isolating process. When I mention it to friends (even other teachers) they don't get it. Maybe we should start an EHCP support thread?

That's a great idea. Thanks for understanding.

Financially, are you in receipt of everything you are entitled to? If you are on tax credits, have you checked whether you are better off on UC, some with disabled DC are? Also, have you applied for any grants/charity support you may be eligible for?