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!!

@fedfedupallthisrubbish I've found Care Opinion are good for finding out about waiting times (it's kind of a Fix My Street for the health and care sector).

I wonder if there's anything similar for local government? Maybe worth trying your MP? Sometimes a third party asking helps shake information out.

@lilistlesscat I'm guessing, from my experience, SEN is 95% mums!

So a super dose of structural sexism to deal with on top of the bureaucracy.

Solidarity @MrsLamb and everyone else suffering.

Off to power through my marking so I can get onto that appeal...

Oh, @TeaInTheGarden, a former boss of mine decided to armchair diagnose me as neurodiverse (I'm not). What he meant was "you don't always agree with me". There's a lot of "a little knowledge is a dangerous thing" numpties out there...

Yes and does anyone else's LA insist on referring to them as 'Mum' despite knowing our names and being in an administrative relationship with us for several years?

I am not the mother of the LA report writer.

I'm an adult woman with my own name, house, career, car and teeth, never mind my own offspring, and using my name (even just my first name) wouldn't pose an insurmountable burden. They manage to send the council tax bill to me using my name. Why such a challenge to use on an EHCP?

Of course it is as @Phineyj says, structural sexism, and the treatment of us as semi-bovine entities, define solely by our reproductive role, which means we are not afforded the full status and courtesies accorded to other adult individuals.

As someone once remarked on another MN thread, only our own children, and HCPs in emergency situations, should get to refer to us as 'Mum'.

Thanks All re: advocates.

I want to share the burden, and have a second set of eyes on papers, so even if they are a bit rubbish, having an advocate would make me feel a bit less stressed, I think. Life is generally pretty challenging.

DC is in mainstream and has multiple needs documented, only some of which are covered by provision in section F. Some 1:2:1 time is one of the missing things.

Yes to the ‘Mum’ thing. Infuriating. Especially when dads often get called ‘Mr X’ whereas mums get ‘Mum’. I correct them. As well as the LA, DSs have complex medical needs and some HCPs call me ‘Mum’.

I would still choose an advocate carefully. A poor advocate can add to the stress.

@fedupallthisrubbish that was a very interesting article you posted thank you for sharing

@listlesscat really hope that they issue for you, hopefully it will be good news. I am especially interested as I now have a CAMHS report and DD is now on a waiting list for therapy, the report should be very significant (due to the nature of the content) but we will see, nothing surprises me about this process any more, it is so draining and all consuming, a roller coaster of emotions

@TeaInTheGarden re the attachment issues, so rude...I am glad you got an apology, the lack of understanding and insight is mind boggling at times

Wishing everyone a good weekend, lets hope the sun pops its head out to brighten everything a little🙂

Thank you all.
I have my mediation call set to for Monday. Hoping to have the appeal lodged not the end of next week….
DS has missed 3 days this week. That’s 6 in total this term, he just can’t keep it all up.
We’re considering trialling a part time timetable to see if that improves things….

May I join please. DD 11 just joined y7, she has diagnosed ASD, dyslexia, sensory processing, dyspraxia, very high anxiety and EBSA history but in school for now. New secondary school have just suggested I apply for EHCP as we are exceeding resources. They don’t usually apply this soon into y7 as the applicants themselves apparently.

There is no school plan yet for what they are doing for/with DD. It seems like EHCP requires loads of evidence of a plan/IEP then documenting trying it and tweaking it and retrying etc. so I need ask for a plan from them and then what else do I need to document? My DD’s explosive behavioural issues are all outside school because of masking. Homework at secondary level is exacerbating it all.
No professional is documenting that.

Do I need to get the GP on board? We’re on waiting list for CAMHS for anxiety so they are aware via her primary of DD need but no actual help. I’m not even able to consider if the school is meeting her social or academic needs at the moment because I’m just so focused on trying to keep her in school. She’s only missed a few days so far but obviously I need to try to keep her in school if at all possible while we work all this out.

@LushFloral welcome! Sounds like you're doing all the right things. I'll come back with more specific advice but it may be tomorrow.

Thank you so much for the welcome! That’s very kind of you- I would really appreciate any tips on navigating this. I’ve looked at National Autistic society website which has some EHCP advice, will look at IPSEA website, which I can see from helpful MN posters has a model letter I could adapt.

However all of this sounds like it relies a lot on documentation from the school and I’m not sure how I can make sure that that is generated. Maybe adding documenting as an action to follow via this plan/IEP?

But then again maybe I’ve got way too high expectations when they haven’t been back at school a month yet? Obviously they have a whole new y7’s year group’s worth of kids SEND to get to know and support.

The school have had DD’s primary school IEP and the diagnostic reports since we got the secondary school place in March this year, but obviously not looked at any of them though. It’s a kind of firefighting approach to allocating support only which doesn’t give me much confidence. No disrespect to the sendcos or teachers at all they are really trying to help I feel but just totally overstretched.

Hi @LushFloral Just wanted to chip in and say hello, ....I am also in the ECHA process, I have literally just found out that my LA is going to assess my DD but they initially refused (I was at the appeal stage), I am not that knowledgeable about the process but I would definitely get your GP on board if possible (I think the more professional input on your side the better).
My DD has had many explosive meltdowns (all out of school and due to masking). It is a long hard fight but I and so many of us hope to see light at the end of the tunnel, so I really hope that you will be able to get all the support you need. Any questions you have hopefully some of the more experienced people on here can help, in the mean time wishing you all the best and hopefully you will start to get some positive input from those who can support you soon. 🙂Good luck!

@LushFloral you don’t need the GP’s support or 2 assess, plan, do, review cycles first. Use IPSEA’s model letter. To help gather evidence you can make a SARs to both the primary and secondary school, and the GP.

Thanks @ThomasWasTortured you are right ... I only had my GP on board because the school didn't support me and were initially reluctant to do a referral but that was the ASD pathway so different, (they are helping now, but only after some very difficult episodes) .... by the way can I ask you...... I don't have my multiagency meeting until December but I am very nervous (I know I shouldn't be but I feel a bit like its me against them (the panel).. could I ask someone to be with me (or I guess virtually)? I am thinking someone legally trained but not sure where to start, the whole thing is a little daunting (or would you leave legal input out of it unless they refuse to issue then seek legal advice?) ...I am actually a little lost now they have agreed to assess as working out what happens when etc, although trying to find out what this all means bit by bit....Thanks 🙂

@CHAKRAlight During an EHCNA the LA must seek advice and information from:
a) the child’s parent or the young person;
b) educational advice (usually from the head teacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

H can include services like SALT, OT, psychiatrist, clinical psychologist, physio.
Anyone asked for advice must respond within 6 weeks. Did the LA concede or did SENDIST decide?

You can ask for someone to attend with you. Personally, unless money is no problem I wouldn’t pay for a solicitor to attend with you. Save your money for independent reports if you have to appeal. Not to depress you, but keep in mind you have potentially 2 more appeals.

Thank you CHAKRAlight that’s very kind of you I’m wishing you and your DD very well and glad that you’re making your way through this process.

Thank you ThomasWasTortured that’s really helpful, I didn’t know that. And that’s a brilliant idea about making SARs.

Thank you @ThomasWasTortured you have made the whole thing so much clearer for me, I really appreciate it... I would really struggle financially so I will leave out the solicitor.... thank you so much....

The LA conceded before the tribunal, but I do appreciate you telling me about a potential 2 more tribunals because I am starting to realise from what people are reporting on here, that just because they agree to assess doesn't mean they issue. I have a very in depth report from CAMHS that is really supportive of my case so I hope (but won't get too optimistic) that it will help.

thank you again for such a comprehensive reply, really helps me formulate a plan and understand what is going to happen....

@LushFloral thank you also for your kind words....it's so tough but I guess knowledge is power and is a way of helping us get through this , being on here really helps (dipping in and out for advice etc...🙂

@CHAKRAlight in that case, unless the consent order states otherwise, if the LA is going to issue, they must finalise within 14 weeks. If they aren’t going to issue, the LA must inform you within 10 weeks.

@ThomasWasTortured wow thanks I didn't know this, I got the letter from the tribunal on Monday 2nd October...... it said

'The timescale for compliance begins on the day after the LA notified the Tribunal in writing that it has conceded the appeal'

which I confess is double Dutch to me, (compliance to what time line/when? etc....) I asked the LA as IASS said I was probably at week 7, the LA (one person via email) said they estimate (why say estimate?) me at week 5

I have the multidisciplinary meeting first week of December so I am now thinking they must let me know soon after that meeting?

Thanks so much for your help, I have just copied and pasted what you wrote above.... point A) B) C) and so on..... and am going to print it off as a guide, it's really helpful exactly what I needed to know

@CHAKRAlight so you know where in the legislation it is from: when LAs concede after submitting a response (which I’m assuming is the case in your case) the timescales are set out in Reg 44 of the SEN Regs unless the consent order states different deadlines.

Reg 44 states:
(2) Where the order—
(b) requires a local authority to make an assessment or reassessment, the local authority shall within 2 weeks of the order being made notify the child’s parent or the young person that it shall make the assessment or reassessment and shall—
(i) where, following the assessment or reassessment, the local authority decides that it is not necessary for special educational provision to be made for the child or the young person, in accordance with an EHC plan, notify the child’s parent or the young person of its decision, giving reasons for it as soon as practicable, and in any event within 10 weeks of the date of the First-tier Tribunal’s order; or
(ii) where, following the assessment or reassessment, it decides that it is necessary for special educational provision to be made for the child or the young person, in accordance with an EHC plan, it must send the finalised plan to those specified in regulation 13(2) as soon as practicable and in any event within 14 weeks of the date of the First-tier Tribunal’s order;

@ThomasWasTortured Thank you again, this has helped me really understand the time line and know exactly how long they have to inform me of a decision. The biggest bonus, I will quote exactly what you have sent if they do not comply simply because it is the law and I didn't know, (maybe I should have) but at least I do now.

I feel so much better knowing what needs to be done, when and how thank you so much 🙂... whatever happens I know it will be a fight to the end, whenever that end may be (everything crossed it won't go on and on but I also have to be pragmatic as difficult as that is....

@CHAKRAlight having re-read your post I wonder whether it is an unopposed appeal i.e. the LA conceded before submitting a response? If so, the timescales come under Reg 45. The timescales are still 10 weeks/14 weeks but it runs from the notice date rather than the date of the consent order.

Hi@ThomasWasTortured Yes you're right that is exactly it, they conceded before submitting a response to me, I was waiting, I called the tribunal they told me to hang on (as I had one hour left but was chewing my nails) then at the 11th hour just before the deadline I got an email from the tribunal saying the LA have agreed to assess, then this Monday another email from the tribunal saying the LA had given formal notification..... and that reference to .....

'The timescale for compliance begins on the day after the LA notified the Tribunal in writing that it has conceded the appeal'

so I guess it will run from Monday.... not sure I will look again.....have to go and get DD (she is still part time...has been very hit and miss some days not going in at all, hoping to get her in for two full days next week but its proving difficult. Hopefully today was a good day.

This meeting can't come soon enough for me

Thanks so much for your help as always it is invaluable🙂so helpful

@CHAKRAlight apologies for my incorrect earlier posts. I should have read more carefully rather than trying to multitask. If the LA breach the timescales IPSEA has a model letter you can send, and you can threaten JR.