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!!

@Phineyj I'm long past the stage of zero fucks given now tbh. Ds got his SSEN at 3 he's almost 30 and dd is nearly 21 and has an EOTAS package. She emailed wanting a TEAMS meeting to introduce herself to put a face to a name. Personally I couldn't care less what she looks like and had she paid a cursory glance to my details she'd see I am partially sighted so all faces are fuzzy anyway. Then she wanted a professionals meeting to discuss how provision is going.Again had she bothered to read the file she would know that much of the provision is only starting this month and LA have paid out over £5k for their tardiness. Hopefully next communication will be far less effusive and she will have read the file first.

@hiredandsqueak I would have loved to be a fly on the wall when she read your email.

Your mention of Friday emails is spot on. I like to get my revenge by sending last minute Friday emails of my own. Petty, I know.

@ThomasWasTortured I suspect my reputation preceeds me so they will either have pre warned her or dumped dd's file on her glad to offload onto a newbie. I have put in place the boundaries because otherwise it takes over my life and they have their own holidays and work hours so don't see why I shouldn't as well.

Yes, I think almost everything significant I have been sent by the LA has arrived after 4pm on the Friday before a bank holiday...

Respect!

Just thought I would join the chat as I’m a mom of a 9 year old with diagnosed ASD, SPD and waiting on an ADHD diagnosis. Took my boy out of school in 2020 because they refused to recognise his needs and tried to discipline him to be compliant (long and awful story). EHCP assessment has been refused because although they think he has SEN “most” schools and colleges can apparently meet his needs with the £6000 SEN fund… (how do they know this if he hasn’t been assessed?) Tribunal will be mid April/early May. How are they getting away with this?

@Danielle999 They do it because they can because there is no accountability.The LGO is a chocolate teapot tbh and LA's know that the derisory awards and unenforced tap on the wrist are worth it when ignoring the law will save on funding provision.
They also know that forcing parents to SENDIST even though they lose 98 times out of a hundred delays having to make provision so saves them money. With wait for SENDIST now 11 months that is potentially a whole year's cost of provision saved each time as they will make minimum if any in the meantime.

Very demoralised here. Two days before Christmas (while college was still closed) I got a call from LA saying we've been refused assessment again. The college hadn't contributed at all.
I'm currently dealing with household stuff I need to get sorted and then going to make an action plan to get evidence from various sources as has been advised on this thread (and by my SIL who I only see at Christmas but is apparently quite knowledgeable). Back to the drawing board I guess.

That's exactly what we've experienced.

Started on EHCP in October 2022. Refuse to assess. Tribunal. Assessment (mostly organised by me!) Refuse to issue. 11 month wait. Currently waiting to see if they can move the second Tribunal any earlier due to phase transfer in September (year 6 to year 7).

LA have said several times that "child'd needs are met" which is true...we have spent a fortune so I would bloody well hope so! And "child will have a suitable school" well yes hopefully she will - I've had to go to the lengths of taking a job in a suitable one...

The most annoying thing for me is that the system is supposed to prioritise phase transfers but because it takes so long, unless you request in year 4 or maybe even year 3 AND have evidence already at that point AND have a supportive school, there's no chance of being able to use the intended method of getting a secondary place.

And that means you're trying to forsee your child's needs in year 7, 3 or 4 years before, which is nearly impossible.

I would have just liked a bit of advice! The only person who gave me advice on transition was from the local tertiary MH service for kids and I was o ly speaking to her because the NHS paediatrician told me of their existence...and it took 3 years to get to see him...

Colleagues at my school have also been super helpful.

The other particularly concerning thing about my LA is that they run a parallel non statutory system and I would think many parents fall for this not realising they can't hold the LA to anything if whatever's been provided isn't right.

I'm planning to send DD out of Borough so I am thinking I might do some local advocacy on this once (fingers crossed) she's settled in secondary.

I feel strongly this system relies far far too much on money, contacts and information. And a huge dose of luck.

@QuickFetchTheCoffee sorry to hear that. Sounds like you'll have to do a SAR.

I have worked in 6th forms for 13 years and one thing I can tell you for sure is that teachers will have put stuff in email that will help you! Hurray for email and people not thinking about those words being permanent.

@Phineyj In our LA we have something called GRIP funding (although I think they have changed it's name now) which is their non statutory means of support. They would also tell parents that giving GRIP funding meant they would no longer be able to request EHCNA. More experienced parents on local support boards were very vocal in ensuring that parents knew that if child had GRIP funding then that satisfied part two of the legal test for EHCNA. Our local boards are great, far more useful than SENDIAS and Parent Carer Voice who are obviously LA funded.

Here is the reason they have refused his EHCP…
“The panel noted that your child does have additional needs and is eligible for SEN Support, the recommended provision required to meet these needs can be made using the resources ordinarily available to a mainstream school or college. If attending a setting the Assessment Moderation Panel, based on the evidence provided, have recommended that your child's needs could be addressed through the differentiation of curriculum and a graduated approach of assess, plan, do and review. A school/setting would to engage with services available through the Local Offer, and with any in-school and setting support being provided through the £6000 SEN notional budget available to school and settings. Panel noted that:• Electively Home Educated • has a diagnosis of ASD and is awaiting a sensory screening before an ADHD investigation through CAMHS. Panel suggest the following actions for parents:
• If considered a school setting for there to be a robust transition plan and the implementation of the graduated response.”

Does this not scream that my child meets the criteria for an EHCP assessment?

That is a fairly typical LA response where they acknowledge there is SEN but dispute provision an EHCP may be needed. Appeal and get your ducks in a row with evidence to demonstrate the second part of the test.

Have you appealed? If not please do it. You need to ring the mediation service, tell them that you do not want a mediation and ask for a certificate (my certificate came the same day that I called them). The appeal form is very short and you do not need to attach evidence at this time. You will have approximately 2 months to gather the reports etc.

@hiredandsqueak I forget the name of ours but it's similar - although to be fair the LA do say in the small print that it doesn't prevent application for EHCP. The funding is for one term only iirc, and doesn't apply to students in private schools or ones at schools out of Borough. This no doubt helps them as they've been "exporting" their SEN students to other boroughs and there is significant use of both private schools and state grammars across the Borough borders.

@Phineyj Funding is for a year here but parents aren't aware that it's down to the schools to determine how it's used and it won't necessarily be used on what the parent wants or the child needs. Lots of it is used to boost SATS results by giving support to the general cohort rather than targeted support to the one child.

@hiredandsqueak What a brilliant email, as someone else commented oh to be a fly on the window when she opens that..... so good..... :0)

Also on another note I just want to let everyone know, (this feels bittersweet as I know so many of you are still fighting)....

I got an agree to issue....It has been mentally exhausting and really F*king too much at times, all the pointless bureaucracy and red tape and back and forth,.

The school gave minimal support tbh but I fought anyway, so I feel vindicated for many things that have been recognised which have been painful and revealing but necessary, anyway point is thank you to everyone on here, been so supportive and those still fighting keep going. I am not sure my draft is water tight and I am responding with needed alterations but thanks to everyone and of course @ThomasWasTortured for all the legal wrangling/knowledge.

I will dip my toe in now and then as I am sure I will need more knowledge and more insights going forward, thanks guys :0)

keep going keep fighting

@CHAKRAlight that's encouraging - congratulations!

<Sounds thread klaxon>

Well done @CHAKRAlight. Hope DC's needs are met going forward.

First of many wins in 2024?

Did anyone watch the clip from this morning about children not in school - (i never watch this morning) quite outrageous really

I watched it from Facebook not in fine school group on u tube

Shocking people's understanding- suppose you don't know unless you have a sen child

@CHAKRAlight Hurrah! That is wonderful news.

Thanks everyone for your kind comments.... really appreciated

Yes @MrsLamb hopefully it will be the 1st of many wins... for me and for everyone on here who continues to fight against this deeply flawed, deeply unjust system.... onwards and upwards :0)

@ThomasWasTortured or other knowledgeable types: I've got the case review process coming up next month (refuse to issue appeal; appeal scheduled for early Sept; possibly may be earlier if they accept my request for change - it's a phase transfer year 6 to year 7).

I'm confused about the Case Review Form. It says "The LA and the parent(s), young person or alternative person must send a completed Case Review Form to the Tribunal and each other to be received by 12 noon on 28/02/2024."

So do I fill in this form and send it to the LA AND the LA fills in this form and sends it to me? Or are we supposed to somehow collaborate? They don't speak to me and I don't have a named contact there. When I did the Send 7 form I got a grumpy response from the LA saying they do "not agree to an earlier hearing date. Child will have a school either via general admissions or if you make your own suitable arrangements and that school can apply for a Funding Inclusion Plan if Child requires further support once at her new school." [this is useless to us as I'm having to send her to a school in a neighbouring borough due to lack of suitable/definite* ones in this borough and no way to get advice - the Funding Inclusion Plan is a non statutory thing that only applies to state schools in my borough].

They then continued: "Can you please ensure that all emails relating to your appeal are sent to Bromley SEN Tribunals Team only these do not need to be sent to SEN Admin or the EHC Coordinator." I assume this is because I cc-d the Send 7 form to the EHC Coordinator we were allocated to take our case "to panel". Hers is the only name I've ever been given and communications from the SEN people are never named.

I don't have any additional evidence I need to submit (I sent a really comprehensive bundle in October and nothing material has changed this academic year) and don't feel I need a witness at the hearing.

Do I simply fill in the form and send it to the LA, and then send it on to SENDIST when inevitably the LA don't bother to respond to me? How much notice is considered appropriate?

Is there anything else I ought to be doing at this stage?

Thanks for tips, o knowledgeable ones!

*we've applied to 6 schools using the common application form and I've put my own school first as she can have priority admission there and I know our SEN provision's ok. The next two on our list have "fair banding" so it's almost impossible to work out if she'd get in or not, as distances vary by the "band" your child scores in.

@Phineyj the LA may object to an expedited hearing, it doesn’t mean SENDIST will agree with them though.

You don’t complete the CRF together. You complete it and send it to SENDIST and the LA. The LA completes the CRF and sends it to SENDIST and you. You don’t need to seek the LA’s views first like you do with a send7.

How old are your reports? Reports used to be considered up to date for around 2 years, but over the last few years SENDIST have sometimes considered reports much younger out of date.

Oh thanks Thomas - that's not clear from what they sent but makes sense.

The LA reports are from June-August 23 and I included the independent OT one I had done in May.

They'll have to do. They're certainly not getting re-done!