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!!

@ThomasWasTortured Your DC seems to have a fantastic support package! Did you have to go through tribunals to get that? You’ve done fantastically well to get what your DC needs and have clearly been his advocate.

@losingthe How are you finding the reduced timetable? Does it help DC anxiety? My DC useless school refused to allow it but he wasn’t attending at all so I did it myself; sadly , it still did not help.

@Phineyj Did you send off your expedited form?

I am tooing and froeing over what to do. The tribunal hearing for refusing to issue, is only a few weeks away and I’m starting to panic. My LEA announced yesterday that their legal team would be attending, I’m sure it’s scaremongering but it is working!

After it was agreed yesterday that they would provide DC with a home tutor, they also made it clear that the aim is to get DC back in to useless school.

DC has not been to school for over a month. He has gone from being an angry, reactive, heap of stress back to his lovely, calm self. If I try to discuss a plan for return with him, he runs away, slamming the doors and tells me it worries him too much. He says he wants to go back but he can’t.

I’m worried we will revert back to the awful few months we have had; I’ve just gotten him back! I do not want him to return because they can not meet his needs and I don’t believe he belongs in mainstream. With no EHCP, (and a legal team trying to make sure it stays that way!) I’ve no idea what to do.

Thoughts anyone?

Hi @HellHathNoFuryLikeASENMom I haven't done the form yet. I've got a lot of work to do and I didn't really understand what the form wanted me to do. I'll have another look.

I am kind of depressed about the whole thing tbh. All this effort and it basically makes no difference to the position we'd have been in if I hadn't bothered.

I don't think you need to worry too much about the LA having legal representation, however. They've got that because their case is weak. Parents mostly win. I'd find that embarrassing if I were a legal professional...

Is the tribunal online or in person? Are you able to take someone with you?

@HellHathNoFuryLikeASENMom if DS can’t attend, don’t feel pressured into forcing him back. If he can’t attend the LA must ensure he receives a suitable, full-time education. This is separate from the EHCP process. Try not to panic about the appeal. LAs are sometimes represented, it doesn’t mean you won’t be successful.

After DS1 crashed out of MS in Y1 (he was going through the EHCNA process at this point) he had medical needs tuition for a short time, then attended a CAMHS unit as a day patient for a while. In a way we were ‘lucky’ because he was already receiving all the provision he had in his first EOTAS package at the CAMHS unit. We appealed to get the provision in the EHCP, but the LA conceded prior to the hearing.

The package has changed slightly over the years as he has gotten older, and last year we submitted an appeal for full-time HLTA hours and a few other smaller bits. The LA conceded the smaller bits in the run up to the hearing but held firm on the full time HLTA until the day of the hearing where they turned up (15 mins late!) and conceded. Infuriating. It’s never ending, as well as the appeals (have an ongoing one for DS3) we have also had an upheld LGO complaint and needed to send pre-action letters.

@Phineyj On the Send7 form, you fill in all of the usual details (name, hearing date etc). There’s then a tick box for the reason you’re requesting the change. I can’t remember if there is one for a change of date, but if not, select ‘other’.

I then provided a separate document outlining why I wanted an expedited hearing (phase transfer, DC not receiving education, needs not being understood etc).

You do have to ask your LEA for their views. I would do this as soon as you can. I just sent them an email (which they ignored) and I gave them 5 working days to reply before I sent the form in.

I understand, the whole situation is infuriating. LEAs are using the long delays to their advantage sadly.

@Phineyj Sorry I missed your last part. It’s an online hearing. DH was unable to take the day off so it is just me attending. The LEA are bringing 2-3 witnesses but they’ve changed these a few times so far.

I hope you’re right about their case being weak. They’re relying on useless school saying they can meet DC needs and the LA EP’s views that DC can be supported with a support plan (not EHCP).

@ThomasWasTortured Thank you that is reassuring.

I agree, that would make me beyond mad. They turn up late and then concede? How did the judge take the total waste of everyone’s time?

What kind of appeal do you have for DS3? (Sorry if I’ve missed it).

Well, tell us when the hearing is @HellHathNoFuryLikeASENMom and we can all send good vibes your way.

Thanks for your tips - that's really helpful.

@HellHathNoFuryLikeASENMom for DS3, we are appealing B&F. We may try to add I in as well. DS3 is in MS and was thriving until earlier this year. The wheels have started to fall off, and he is now attending an AP 2 days a week. There is an indie MS that I think could work but in order to offer a place the school wants him to do a trial day and so far DS3 has been too anxious to.

The judge was not impressed the LA were late or that they had left it so late but then also thanked them for their candour.

@Phineyj Interesting the ITV report, really looking forward to seeing this thanks for posting

@Phineyj The Tribunal date is set for early December but the LEA recently submitted a Send7 to have the date moved to January. I’ve not heard anything about this yet though.

@ThomasWasTortured Sorry to hear your DS3 is struggling too. How old is he?

I often wonder if my DC had made it beyond the first term if the wheels would have fallen off at some other point regardless. Is the indie MS you want quite small?

The independent mainstreams around my area have pupil populations of over 1000 so are still fairly large.

Can anyone help I feel at a loss

echna request declined I have opted straight for tribunal and been given date by tribunal between Feb and march.

i have been given a deadline to submit further evidence but I don't have any I sent NHS salt report, referrals a letter from health visitor and graduated response for 2 years.

i am getting conflicting information. Do I need to find a private ed psych? I have looked and found no availability til may.

should I be getting a private salt assessment? I have an NHS one but does not state provision is not specified or quantified has identified many difficulties

if I send no further evidence do I need to do anything or is it now for la to contest?

for context daughter is preverbal, in nappies and under continence team, she is autistic but awaiting diagnosis, has many sensory issues. She is mainstream school but I have no doubt she needs a Sen provision they have made quite a few provisions but after a trip today it is apparent they cannot meet need. I was asked to go to support a TA we ended up not making it past school gate before she had a meltdown nobody helped me or her. We had to go home

@Mummytodo A more knowledgeable poster should be along soon, but try not to worry at this stage. Many LAs refuse EHCNAs by default. Most will concede prior to hearing. You don’t need a private EP report, that will be done via the EHCNA.

The bar for assessment is low and it sounds like your DC should get one.

She needs one, how anyone can deny I don't know

She's very clever and I'm sure will be independent one day but she needs more support... Thank you x

Mummytodo depending on the evidence you have, you probably don’t need any indie reports for a refusal to assess appeal. As pp posted, the threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP.

HellHathNoFuryLikeASENMom did you object to the LA’s request?

DS3 is a teen. The indie MS isn’t tiny, but it is smaller than DS3’s current school and has smaller class sizes.

Gosh haven't been on here for a while, sounds like there are so many still fighting, how awful that it means battling for something that should be a basic human right - a needs met education. I am still in the fight and it is just as difficult as when it started .....
@Mummytodo so sorry your little one had a meltdown at the school gate and no one helped either of you, what a tough and difficult situation, I guess that basically says it all doesn't it - where is the help and support when needed?
As you have been advised on here by @ThomasWasTortured and others the threshold to assess is low so with what you have documented I think it would be unlawful for them to refuse to assess......wishing you the best of luck

Also to everyone still fighting I have flicked through some of the posts to catch up but don't want to miss any names so Good luck to everyone in still in this difficult process wherever you are at.....

@CHAKRAlight @ThomasWasTortured I have emailed school in regards to trip because we'll it was ashit show tbh. But when they respond can I forward this to the LA and Sendist in support of her appeal?

You can use the communication with school as evidence, but the other evidence such as the SALT assessment is likely to be sufficient.

Hello, can I please join in? Mid ECHP assessment, EP csme in last week. DD at an independent ( we are not flush and was down to need pre diagnosis). Really worried that if drafted, they will not name current school. That would destroy her.

This is such a tough business, hardly anyone outside of this gets it.

Still waiting on SALT even though we are past six week deadline for reports.

Anyone know if I can request to see what school has said please? I have asked LA but no response, they did send on one of the specialist reports.

Good luck all.

Welcome @purplepandas!

Regarding school, I was simply able to download their report from the LA's portal. But LAs are all different (mine is fairly shit, but they do have decent software).

However, I actually worked on the report with school and rewrote quite a bit of it for them so I knew what was in it. I take it you don't have that kind of relationship with the SENCO?

Regardless, please don't worry too much about school placement at this stage.

Our ECHNA went to panel on 1st Sept (process started mid April so they were well overdue by then) and they refused to issue.

I appealed and have got a hearing date...for NEXT September.

I'd say the chances of you needing to do anything about school is possibly quite far off...

@purplepandas if the LA issue a draft it shouldn’t name any school. If the LA issue, once finalised, if they don’t name the school, you can appeal. Because it is a wholly independent school, you will need to prove the LA’s proposed schools can’t meet DD’s needs &/or it isn’t unreasonable public expenditure. However, @Phineyj is right, try not to get ahead of yourself.

Email the Director of Children’s Services about their breach of timescales.

You can request the information. Although the school/LA may force you to formally submit a SAR.

Thanks @Phineyj and @ThomasWasTortured . Good point about not getting too ahead of myself re schools.

No,I don't have that good a relationship with the SENCO to ask in all honesty.

Re timescales, I know the LA are chasing SALT (we still have not heard from them and two weeks over timescale). I have asked to chase myself. Is it worth emailing even if I know the LA are chasing?

I guess my other option is to look for a private assessment but the likelihood of that being possible in the timeframe is mad and just more money. I really want SALT as key to the situation.

I'm just reading the tribunal pack Sendist sent me needs assessment it says the la have to respond by 18/12/2023 then it says parents need send off the case review and in their it asks to name a witness, I don't have witness who could I possibly put down for this I literally have no one but did dad and I don't think he can be a witness? Do I need one?

@purplepandas if you know where the SALT service is based, ring them up and see if you can book an appointment. That's what I did.

I wouldn't believe the LA actually chases anything. I don't think they chase anything at all. I had to chase or actually arrange all our assessments!

@purplepandas yes, still email. The LA’s ‘chasing’ is likely to be lacklustre, at best.

If the LA genuinely can not undertake a SALT assessment in-house/via the NHS within the statutory timescales, they should commission an independent assessment.

@Mummytodo witnesses (e.g. some people have an EP, SALT, or OT) aren’t essential.

Thanks @Phineyj , I think I can try and call from my google search. That's tomorrow's job (aside from work!) I will also send that more important chase email. I didn't click about the independent report, good point. Thanks for the help @ThomasWasTortured .

You are all very kind!