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!!

I should add we paid for everything out of pocket. SEN is sooooo expensive (weeps).

We are both still employed though somehow.

EOTAS packages also appear to rely on a lot of parental input.

Legally, you can not be compelled to organise, deliver, or facilitate EOTAS in anyway. Even if that means the LA has to fund someone to do it.

A minority of SS cater to academically able DC. Have you checked if there are any within travelling distance?

Do you have any small independent MS within travelling distance who are understanding of SEN?

I wouldn't hold your breath on an EHCP necessarily transforming the situation quickly, @HellHathNoFuryLikeASENMom.

6 months after receiving a rubbish one which is so vague as to be largely unenforceable, school are if anything more intransigent, saying as a mainstream school they do quality first teaching, and are insisting what little adequately specified provision was in section F, they are discharging through everyday classroom practice (eg. specific provision to support social understanding and emotions coaching is being covered by the same lessons everyone else receives). Despite evidence of complex and idiosyncractic needs, and good academic potential, DC is being left to fail. Most disturbingly, despite input from Clinicians, who have come to school on multiple occasions to describe DC needs, including for daily experience of nurturing and attuned adult relationships to promote safety and regulation, and to provide skilled support for social and emotional learning, some of DC's needs remains unacknowledged and unmet. And they continue to be told off for well evidenced executive functioning difficulties.

I would move DC in a heartbeat, but they have finally established decent peer relationships, after experiences of bullying, and several years of struggles with EBSA, and are adamant they cannot face starting again somewhere else.

@Phineyj DC is 11 and in high school. He loves art and spends a lot of time doing this when he’s calm. He does attend a youth comic club once per week but he’s not gelled with any of the other DC.

He is receiving no help at all. I have asked the education authority for work for him and have signed him up for a service recommended in a previous post, but it all takes time.

It’s ridiculous you have had to pay for support which should have been available for your DD, I fear most parents will be forced to do this now whilst waiting times are so long.

@ThomasWasTortured I need to look in to EOTAS as I’m not convinced I fully understand it.

There are only 2 SEN schools within travelling distance to us and one is a different education authority. Neither cater for academic children, although one could possibly meet all of DCs other needs.

Unfortunately the only independent schools near to us are in the nearest cities with pupil populations just as large as state high school.

DC has decided he wants to really try at current useless school because he wants to fit in. We are going to attempt reduced hours this week but if this isn’t successful, I can’t waste more time on an unsuitable environment.

@MrsLamb Sorry to see your DC is still struggling even with an EHCP. I fear this will also be the case for us. I don’t think it will make a huge impact at this stage.

Friendships are so important, I can understand why your DC wants to stay. I think if my DC could make a friend, he would be much happier, but he finds it so difficult.

Our appeal hearing is not until December so I will have time before a draft is (if!) issued to consider how things are going then. If DC is still not attending, I will have to move him.

@HellHathNoFuryLikeASENMom that sounds really hard.

Does your son have a diagnosis? I'm just wondering because my DD is diagnosed with ASD with PDA features. Via listings on one of the autism charity websites I found a Facebook group for my area run by another mum. The posters have got a lot of experience with different schools and (although it has not yet been needed by us), there are a lot of small, new schools that cater for SEN DC. I hadn't heard of any of them and most are in the neighbouring LA.

Your area may be different of course, but I suspect there are probably school options you don't know about, particularly if you explore neighbouring LAs.

Then of course there is the difficulty of getting into them.

EOTAS I think must have its own Facebook group(s)? I understand what @ThomasWasTortured is saying about the LA having to organise it, but I think in practice it would be necessary for the parents to have a good idea of what kind of thing they wanted to fund through EOTAS, or it's a bit chicken and egg.

I think your instict that a useless school will go on being useless is correct though!

@mrslamb imagine if there was that approach with other needs. You know I'm a classroom teacher. Imagine if I was told I could e.g. treat someone's diabetes or give them counselling while teaching a lesson!

@HellHathNoFuryLikeASENMom basically I think you need school reviews from other mums (not being sexist here but acknowledging SEN is female dominated). Local knowledge is very important.

If you Google "local offer + your LA names" do any parent support or advocacy groups come up?

I thought I was well informed but a chance remark from the NHS paediatrician we saw revealed some local services I hadn't thought of trying as they were all shut in 2020 when we needed them.

@KameneKlass I've reported your post. Advertising is not allowed on here.

Just on local recommendations, would urge you to check these are current, from parents with kids at school now. One reason for our current predicament is this school used to do this stuff well and is still 'known' locally as a good bet, despite now being part of an academy chain with it's own ethos, and with different staff in all the key posts.

Morning all. How is everyone ?
Well, ds was supposed to be going in to school today after a meeting with the pastorial teacher on Friday who he really has a good bond with.
Instead he was basically having a breakdown crying his eyes out saying he just can't do it, the work is too hard. At this stage I'm thinking mainstream probably isn't the right school for him, where do I stand with this ? With the echp at a standstill due to no available ep , am I within my rights to keep him off school until it's approved and then I can apply for special schools ?
So stressed out don't know what to do but I don't think dragging him into school is the answer

OK thanks @losingthe. On a half term trip to the Science Museum. Learning more about milkshakes than science 😬. Do you think your son might be able to try again another day? How old is he? Would the pastoral teacher give him a ring possibly?

@mrslamb that is a good point. This is why I have had to essentially go undercover in a school as I cannot trust the assurances of our local academy trust (for one thing I worked for them briefly...)

My experience is that you need to attend to DC's mental health, as if that seriously declines, or they experience long-term trauma-related issues, then there is a very real risk DC will struggle to function in any environment for an extended period, with potentially life changing implications.

If DC can be supported to feel safe and calm in school, great - but if they are in a distressed and dysregulated state at the prospect of school, it sounds like environmental changes, and/or more or different support are needed, and need to be worked through with school and the LA (which the EHC assessment delay is frustrating).

Health/illness, including mental ill-health, remain valid reasons not to attend school and should be coded as authorised absence 'I'. (Worth checking this is how they are being coded, as schools and/or LAs at the moment seem to be playing fast and loose with DfE register and attendance regulations and guidance).

losingthe if DS can’t attend school, the LA must ensure DS receives a suitable full-time education under s19 of the Education Act 1996. This is completely separate from the EHCP process.

Mrslamb if the provision such as emotion coaching is properly detailed, specified and quantified in F, it can be enforced, via JR if necessary. You shouldn't have to enforce it, but if it isn’t being provided, you can. If it is written correctly, there's no way in class teaching can fulfil it.

HellHathNoFuryLikeASENMom EOTAS packages are completely bespoke depending on what DC need. What is included in an EOTAS package depends on what is in F, so just like when DC is in school, section F is important. Some parents have ideas of what providers they want to use, but not all do. And looking at providers isn't so much different to looking at schools to decide which is your preference. I was more meaning you can’t be forced to e.g. transport DC to different therapies/APs, act as a TA, be the second adult at home if one is needed or organise the provision. BTW, I know what you meant phiney but for anyone reading in discussions with the LA, it isn’t about what parents want but about what is reasonably required - LAs will pick up on any little thing.

There will be more than 2 SS within travelling distance. Not saying they are suitable, but there will be more than 2. Generally, 1hr15 is considered the maximum travel time for secondary, although some fro travel further. You can search for schools here.

Meanwhile, if DS can’t attend school have you requested s19 provision?

Thanks @ThomasWasTortured. Is seeking JR to enforce provision in an EHCP an action DC, would take or his parents? (Just wondering from a legal aid perspective)?

@MrsLamb legal aid (or rather legal help) for the pre-action letter is assessed based on parental finances. JR itself for enforcing the SEP is in DC’s name so they can be eligible for legal aid themselves. Many don’t get further than a pre-action letter though.

It is just so hard using this bureaucratic, defensive, legalistic language.

It goes against all my mum and teacher instincts.

Thanks @ThomasWasTortured. May I ask if you/anyone has an idea what the ball park costing for a letter is? @Phineyj - did you explore this, or was it someone else on the thread.

I guess it might be logical to let the appeal run its course on the inadequate aspects (needs and provision) and then see where we all are. School has provided a witness statement that helpfully spells us that as they are a mainstream school they have no intention of doing anything more than quality first teaching. I like to think their thinking may end up getting nudged closer to SEND CoP 2015, but who knows?

Sossen is £145 for a pre action letter and there's an (unspecified) wait time. The SEN solicitor I contacted said £1,245 I think (I'll try and find their email) and could do it more or less immediately but they weren't a legal aid one (legal aid doesn't cover the letter anyway, but if you wanted to pursue the JR, it could be an issue).

Whether you wait to enforce the provision depends on whether the provision is detailed, specified and quantified (if it’s vague and woolly JR won’t be possible), if it is how much it is required and when your hearing is. SOSSEN charge £145 - the wait isn’t as long as it was earlier in the year. Prices from other firms range from £5/600-£1.3k+, unfortunately.

Legal aid (or rather legal help) can cover the pre-action letter, but it is based on the parents’ circumstances not the child’s.

Sometimes the threat of JR to the Director of Children’s Services is enough.

@losingthe can you get a referral from a consultant level doctor or camhs person about anxiety and school, or another medical issue? At least that's what's needed in our LA to get the section 19 tuition. It was quite a process but a great relief to DS now that no-one's expecting him to go into the mainstream school.

@ThomasWasTortured I’m wondering what % of people do you reckon that a pre action JR doesn’t work? (then need to go for the full jr 😱)

Thank you x

@losingthe do you like the school / do you think it’s suitable for your child? If your child was to have a 1 to 1 in the school would he be ok?

So hard but don’t force him in. Get the dr to sign him off. Sometimes LA give unlawful advice that it needs to be a consultant but it doesn’t.

How’s his teacher? A nice one or a strict one? We had one nightmare year as the teacher was horrible and shouty. I should have been that mum to get him moved into a different class. It was really making him depressed. Does your child like his teacher?

Also, if it’s anything to do with uniform - can they flex it? My boy doesn’t wear a tie

Or is he able to drop down a set too? For easier work? If he says it’s too hard.

If it’s not the right school don’t push him there ….. you will know. Good luck

I would defo book an appointment with the senco and head asap and to see if they can make any adjustments in place for him. If he’s truly devastated don’t push him.

So sad for children 😭

@losingthe laura Kirby book on pda is fab (good strategies in there for ASD children with anxiety / pda )

also, missing the mark instragram Eliza fricker

clare Truman has a good book too