EHCP support thread

[Phineyj]

My DD (10) is being assessed for EHCP. The council refused to assess (despite her already being diagnosed with ADHD, ASD, hypermobility and vision problems following eye surgery).

School have been supportive throughout and they are going above and beyond to keep her engaged in education.

She's about to go into year 6 though.

I took the LA to the tribunal and won.

They must produce the plan by 4th August. I think they probably will (they've stuck to deadlines so far...ish...). But I've got all the IPSEA complaint letter templates primed!

The hardest thing about the whole process is that no-one else in my life understands it or what it's like to spend all your free time essentially begging people to document the deficits your child has.

It is also a hard realisation that no-one cares much about your child's education except you.

I am also a teacher so I feel sad on behalf of the SEN DC I teach as I am told little about their needs (I spent a whole day doing DofE with one recently...I don't even know what her EHCP says...)

Join me if you are also grimly trekking through the EHCP jungle!!

IME, the rap on knuckles from the ICO and HCPC doesn’t hold LAs/schools/professionals accountable like it should, unfortunately. Just like with SENDIST, they get repeated opportunities whilst significant repercussions.

Hi @MrsLamb and @ThomasWasTortured sorry for my ignorance but what does the IME ICO and HCPC stand for? I agree though that no one seems to be being held accountable for what is happening......

Also posting a link here if anyone wants to read, it is a letter from the Education committee to the government regarding the recent revelations regarding the reported plans to reduce the number of EHCP's

committees.parliament.uk/publications/41516/documents/204392/default/

@CHAKRAlight ICO = Information Commissioner’s Office
HCPC = Health and Care Professions Council
IME = in my experience

@CHAKRAlight thanks for the letter. Their tone is very grovelly! Considering all the DFES budget comes from Government, they could be a bit less wet, I think.

I note there's no reference to LAs routinely exceeding legal time limits nor to the huge increase in appeals to SENDIST.

Thanks for clarifying @ThomasWasTortured :0)

Yes very true @Phineyj no mention of the exceeding legal time limits/increase in appeals, incredibly important and yet omitted

Hello Lovelies - hope everyone is bearing up? Nearly the weekend....

Can anyone advise/share experiences on the need for witnesses at appeals on plan content (section F)? If I have a good quality independent EP report, is that enough, or do I need the EP in attendance on the day too?

Also any thoughts on shelf life, and scope for updates, rather than complete new assessments?

After a huge wobble, I’m feeling very nervous but confident now in preparation for the hearing. If I lose, at least I will know I battled as hard as I possibly could for DD. It won’t be a lack of evidence or a poor case resulting in a loss, it will something I have no control over.

@MrsLamb I have indi reports but I have not called witnesses. I think the evidence speaks for itself in my case. If yours is more complex (I might have missed your post about what your appeal is for), it might be worth using witnesses but from what I’ve been researching, tribunals are used to parents not having anyone with them.

Does anyone know if I will get a chance to speak during the hearing? Not just to answer direct questions but to talk freely? I feel like I have so much to present but I’m not sure I will get the chance.

ugh, our ehcna is now mid flight and we keep being asked by really young EPs and OTs what expected outcomes and what provisions we want.

I feel really out of my depth.
Looking for advice or recommendations for tips on asking for the right things

We are aiming for a couple of local special schools, small classes etc. DS does not want to go to a mainstream school but might manage a GCSE or two one day. He's in year 9 too so there are loads of questions about his future.

I've got a week to read up on it all before the next meeting.

@MrsLamb if the report is well written you don’t necessarily need the EP to attend. Do you know the LA’s witnesses yet? It used to be said reports up to 2 years old were up to date, but over the last few years SENDIST has considered reports much younger out of date. If the report is more than a year old I would consider an updated assessment or addendum.

@GreysToenatomy you will get a chance to say what you want/need to.

@listlesscat what provision is required depends on DS’s needs. Don’t forget PfA provision. One thing you do want is ongoing direct therapy (e.g. OT (including SIOT), SALT, maybe a MH therapy?), not strategies implemented by a TA or 1 direct therapy session a term. You will need ‘small class sizes’ quantifying - your definition of small will not be the same as the LA’s.

Thanks @ThomasWasTortured. No it's still months off. As it stands the LA EP has never met my child (nor has the SENCO). Can't think who else they would use? They haven't bothered contacting the Clinical Psych who has done the long term work to date....

We’ve had the call…. Refusal to assess ☹️
They acknowledge all the issues but think school could have done more. Thetas true, but shouldn’t affect the legal obligation for them to assess him regardless!
I’m now waiting for a mediation service to call me back so I can get the certificate from them, and then lodge my appeal.
So many hoops it’s awful!

Sorry to hear that. So frustrating @TeaInTheGarden.

Well, you're in good company @TeaInTheGarden. Onwards comrades!!!

I am pissed off with DH at the moment. I've got to complete the tribunal appeal paperwork by a week on Saturday - I'm reasonably on top of it but it's a big piece of paperwork to do on top of my demanding part time (supposedly but not really) teaching job. Plus I've found the appeal against refuse to issue much more complex to do than refuse to assess. DH has done zero towards any of it apart from taking DD to one of the assessments when I wasn't available.

At the same time we're visiting secondary schools because we need to apply through the regular process given that we still don't have an EHCP a year on from first applying.

I've found four suitable schools, booked the open days/evenings and arranged time off school for DD where necessary. I can't get to this evening's one and DH is all 'what do I do, where do I go?'

Argh! All the information is in the public domain and I booked him and DD a place and sent him a link to the school website!

I wish I had a wife

@TeaInTheGarden sorry to hear that. As well as a call do should have the LA’s decision in writing. You will need it.

@Phineyj I know it’s not funny, but “I wish I had a wife” made me laugh. I hope DH pulls his finger out.

@TeaInTheGarden So sorry to hear this, I received more or less the same response, not sufficient evidence to show the school have done all they can to support DD...keep fighting you will get there 🙂

@Phineyj Sounds super stressful for you right now, I hope DH steps up and helps take some of the burden (I too could not help but chuckle at the wife comment though, how true! 🙂

https://www.bigissue.com/opinion/disabled-children-government-send-special-educational-needs/

@fedfedupallthisrubbish that's a great article! Thanks for sharing. I don't pass a Big Issue seller regularly any more so am only occasionally reading it. They do an important job of covering situations other papers don't.

I've had it. Emotionally rung out and knackered after a difficult return to school and trying to pull together the evidence for an appeal (contents). I am taking my chances and looking for an advocate. I am flying blind tactics-wise at the moment

Mr SENCO has provided a witness statement saying as a mainstream school they only really do quality first teaching. Which on the face of it appears to be a quite brave thing for him to commit to paper to submit to a court? The LA aren't saying anything much. Not sure who is manouvering around who here? Are they genuinely at odds, or is this just a devious plan. I really have no idea...

@MrsLamb what do you want if you go to tribunal? What does your child want / need? In an ideal world what would the best plan be for your child?

The next tribunal I’ll go to (let’s face it something will happen in a bit) I know exactly who I’m going to go after to fight the case - pm if you want the person who is highly recommended but she’s a bit ££££

There is another woman who does fixed price for a tribunal which sounds good at least you don’t have any surprises. My friend used her.

am I allowed to say the names here - who knows 🤪

my advocates were a bit rubbish but they did take the stress away - I’m not sure I’d recommend them - they were a bit crap at times. They got what I wanted though. Cost over £5k 😬 but did nearly take 2 years …..

So bad though for the parents / mums just so much stress and it really shouldn’t be like this ….. all you want it a happy child.

School causes far too much stress 😭 hope you are ok mrs lamb x

MrsLamb choose carefully. Some advocates are brilliant, but others can harm your case and self representing parents get a certain amount of leeway that those represented don’t get. Another option, you seem to be on top of paperwork etc., so have you considered using a direct access barrister?

@TeaInTheGarden i'm so sorry about your news

I had a similar response in June - the panel felt more time was needed to test school's strategies and thought that reasonable progress was being made etc

I was then so naive i spent all the time available to register an appeal to rewriting our case to show that all strategies had been tested enough, progress was not being made and gathered more medical notes and statements from other professionals. CAMHS helped by organising case review meeting involving themselves, school etc and i wrote and shared notes of that meeting. etc. I'd assumed they'd chase all this up as part of NA but i have learned you need to spoon feed. I realise now I should have registered the appeal immediately and done all that work later.

all the effort was not wasted though, i sent it all direct to LA too, and with a bit of pressure they agreed to review on the basis of there being new evidence. Even without the wait for appeal hearing it's all taking much longer. They bought themselves a lot of time but I've also been able to use the time to up my game. My was gutted by this extra rejection though, so we're still processing that.

Bracing myself for next step too. I'm expecting to hear any day if they will issue

@Phineyj yes indeedy! Are we all mum's here? Do we have dad EHCP admins amongst us?

Thank you all. Yes I have the response in writing, have contacted the mediation company and the call is booked in for Monday. So I’m hoping by the end of next week I’ll have the certificate and the appeal will be lodged.
Blows my mind that it takes over a week from refusal letter to even be able to lodge the appeal! Maddening. They really want to make it so hard we give up. But I just see it as a challenge to be honest!

Our case worker upset me so much by incorrectly stating my son has attachment issues…. I educated her in attachment theory and she apologised. I was FURIOUS. I think she confused separation anxiety with attachment issues…. Which is mind blowing.
And it’s not even separation anxiety anymore anyway (maybe was a factor a year ago!)- it’s unmet needs!
Is it so hard to believe that it may be school that’s the problem and not the parents?!

@ThomasWasTortured does the LGO have to stick to their timelines. Or do they have any timelines to follow? The council have responded to my case in early Aug and the lady said she would have wrote the “draft” report by now…. Just wondering if this is a mega drawn out process as I first contacted them in 25th of Jan about my complaint and haven’t had anything back (LGO said that they had the council response though) everything just takes sooooo long.

Im starting to think everyone is in the club against parents …..

Thank you! X

@fedupallthisrubbish the LGO is also inundated with cases, unfortunately. Another indication of how broken the system is. Hang in there. If you are concerned contact them, but the timeframes you mention aren’t uncommon.