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!!

Thank you both for the advice. I am bit annoyed. But agree I doubt they will re asses. . Will ask for more specified report as there is nothing specific in it at all it's really poor

In terms of the complaint it depends what your goal is. Personally I think there is value in calling unethical behaviour that doesn't meet minimumm professional standards for safe practice out, for no other reason than orgs and practitioners may think twice before doing it again to some other unsuspecting SEND families. I will be using the LG ombudsman route for my scenario (and possibly HCPC too) as it as a) egregious and b) involved the Head of Service.

for no other reason than orgs and practitioners may think twice before doing it again to some other unsuspecting SEND families.

I wish this is what happened, but they don’t care. Calling out such behaviour is important, but in my experience, the HCPC is as much use as a chocolate teapot and you are unlikely to get much for a complaint to the LGO about an assessment that isn’t comprehensive when the legal requirement has been met and where consent was given (even when best practice hasn’t been followed).

@MrsLamb I am contemplating a complaint for the very reason of calling out bad behaviour. In my case, the LGO would not be suitable as it relates to maladministration during an appeal, leading to an unnecessary but significant delay based on deliberate false information. I am so cross about it all.

I am worried though that there may be repercussions when I’m awaiting DCs plan.

Was thinking the complaint was about failure to seek consent?

There need to be consequences, however feeble.

The HCPC and LGO are both likely to be of the view consent was given even though it is questionable whether it was adequately informed and pp wasn’t informed when/how it would be undertaken.

There's nothing in that wording to suggest new psychological assessment will be commissioned.

I’m confused, I didn’t say it did?

In my limited knowledge, I was under the impression that informed consent is given at the time when you sign the forms to share information with individuals. In my LEA, the form informs us that information will be shared with EPs and an assessment from the EP service will be undertaken.

@ThomasWasTortured any thoughts on whether it’s worth a complaint in my situation? And who would I complain to?

@GreysToenatomy it depends on the specifics. Sorry, you may have told me, but I can’t remember. Did you raise it was SENDIST at the time? And the Monitoring Officer?

The pp having given consent during the EHCNA process is why she is unlikely to get far with the HCPC and LGO, IMO.

@MrsLamb sorry I think I have misunderstood your post. You didn’t mean my post, did you? You meant “gives consent for the Local Authority (LA) to seek and share reports from the child’s education setting and other appropriate professionals who may be able to provide advice about your child’s education, health and care needs.” doesn’t mean new advice will be sought, yes?

It does mean that. It means consent to seek reports from other appropriate professionals. As part of an EHCNA the LA must seek advice and information from an EP.

@ThomasWasTortured I did raise it with sendist , but sorry I’m not sure who the monitoring officer is?

The LEA deliberately produced false information in order to avoid providing DC with recommendations of support. The information was proved to be false.

I think that wording could reasonably taken to refer to reporting information services already hold - so a question about consent to data sharing. To conduct a new psychological assessment is a substantial act by a healthcare professional. They have their own professional responsibilities to ensure informed consent is secured before proceeding.

I think I must have got it all wrong I thought they was meant to tell you when they would be doing an assessment as I thought they collected parental views first not after.

I'm not happy they've done it but I did agree to the assessment. Feel like an idiot tbh.

I will concentrate on the EP report as it isn't specific at all, how do I do this just highlight areas I want specifying and ask the LA to contact the EP for amendments?

@MrsLamb the regulations (Reg 6(1) SEN Regs 2014) use ‘seek’ to mean get new advice and information as well as existing advice and information, so you won’t get anywhere arguing it only means existing information (you wouldn’t want to either). Many DC won’t have existing advice and information from EPs (or social care, SALT, OT…) and “not known to the service” is not a lawful response.

@Mummytodo highlight any aspect of the report that is lacking in detail, specificity and quantification.

@GreysToenatomy thr monitoring officer is a person at the LA who can deal with allegations of illegality &/or maladministration, but I suspect they will say SENDIST has already dealt with the matter.

Hi @Bendattheknees and @curlydiamond Good luck .....

@Mummytodo reading your post... the response from the LA regarding your complaint is awful, I totally get your frustration and I would feel equally furious, how can the LA justify an EP making an assessment remotely (unreal) and without informing you that it was going to happen? I think someone mentioned an apology, if anything I would push for this....even if you consented (without realising when you signed those initial forms etc...) it is appalling that you were not informed prior to it happening, bad practice, complete lack of respect and potentially traumatising for your child... so angry for you......

Morning

@ThomasWasTortured how do you get round this sentence then? Not known to service?

"Many DC won’t have existing advice and information from EPs (or social care, SALT, OT…) and “not known to the service” is not a lawful response."

I'm complaining to LGO about these things but no one knows him as no one assessed him. Apparently the blame goes back onto the parent as I didn't ask (I'm sure I did) so it's annoying. Then spend thousands on private reports. Parent blame always not a rubbish service from the La

Sorry but you go round and round so I'll include it.

Thank you x

I’ve just discovered this thread. My Dd decision day is Thursday. Happy Christmas😏

I really hate my LEA. They are total shits. However, we’ve had a really good Ed pysch report that says she needs a bespoke education and one to one about 17 hours a week for health/mutism/reintegration. She’s been out of school since April.
How much sway does the Ed pysch have?

Love and sympathy to all of you on this thread. Fighting for something that our children are legally entitled to😏

@fedupallthisrubbish you don’t need to get round it because seeking advice and information under reg 6(1) doesn’t just apply to existing information. The LA must seek advice and information from those set out in regulation 6(1) of the SEN Regs 2014, including anyone the parent reasonably requests. The disagreement about whether you requested anyone under 6(1)(h) or not is why you should always do so in writing.

My point was, reg 6(1) means to seek new advice and information not just existing information. And, if reg 6(1) only applied to existing information then many wouldn’t have the advice and information the LA is required to seek because “not known to the service” is, rightly, not an adequate response.

@ArseInTheCoOpWindow it depends, sometimes LAs listen closely to the EP report, other times they water the provision down. And sometimes the report isn’t as detailed, specified and quantified as parents think so if that wording is used it isn’t enforceable. For example, “X needs a bespoke education and one to one about 17 hours a week for health/mutism/reintegration” doesn’t say what those 17 hours will consist of, what the split between health, mutism and reintegration will be, who will deliver the hours, where the hours will be delivered. It also doesn’t detail, specify or quantify the education - what will be delivered, by who, where, how many hours a week, what resources will be needed… Section F needs to be far more detailed, specified and quantified and be written as “X will receive…” or similar if it is to be enforceable.

Is that the LA EP report? Or an independent EP report? Sadly a lot will depend on this...

LEA Ed pysch report. It was very clear about how much support she’d need and that she needs a bespoke package.

She was in two of the highest bands in areas of need.

Sounds promising?

@ArseInTheCoOpWindow I shouldn’t have assumed, but I thought it was an LA report due to the use of the word reintegration. LAs love the word when it comes to EOTAS. As long as it is detailed, specified and quantified you should be OK, although you may have to appeal. Where many come unstuck is by the report not being as well written as they first thought.

Hi @ArseInTheCoOpWindow Good Luck for Thursday.... what a fight it is....Wishing you all the best and it all comes good for you

The integration was more about social stuff. It said she needed to be taught in small groups. And it had the hours specified of one to one in all the areas of need.It also s specified specific therapy.

lt’s so shite. Hope all you exhausted parents get what you need.