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!!

We are also Derbyshire. They are just AWFUL every step of the way.

We have consented to a new EP assessment (already have EHCP) but now wondering whether to jump the gun and get a private one or wait a year or two until he is in Y 10/11 - looking towards college.

I know certain assessments can't be done by another EP within a certain time frame (over assessment I think) like 6 m to a year. Don't want to waste ££ obviously but its picking the time to jump.

Any thoughts?

On way to tribunal for other stuff (ignoring professional advice and not amending in light of).

@hiredandsqueak Derbyshire?

@Phineyj if you think it is necessary, can afford it and the OT will agree to it you could look at an addendum. Cheaper than a whole new assessment. If you can’t afford it but think you need something further Parents in Need can sometimes help.

@Alltheyearround it depends what you hope to get from an independent EP assessment? Do you need it as evidence for the tribunal? If you decide to wait to see what the LA EP’s report is like, even though certain tests cannot be repeated close together, a good independent EP will be able to work around anything the LA EP does (some LA EP reports don’t even include any tests).

@ThomasWasTortured We had initially thought we might do an indy EP next year, but spoke to a solicitor today (free clinic) who said better to get it all done and dusted with watertight reports for tribunal if we were going for SALT anyway. I doubt we will get a private EP now as deadline was supposed to be in 1 month though we have asked for extension.

We were offered full reassessment of DS's needs but declined saying needs are well documented, but yes consent for EP.

Can we withdraw consent? Solicitor thought it might look bad if we told school no external assessors should come in without our written consent (NHS SALT or LA EP) on the run up to tribunal. He said LA can seek to overrule that with tribunal and it might make us look obstructive. We are thinking the LA may seek to find 'evidence' to contradict advised weekly SALT (from termly visits!)

What a game eh?

I suppose we could ask school to inform us in advance of any visits from wandering 'professionals', and then we could stick an oar in - maybe tell them/LA we already have an EP lined up (white lie).

2019 EP report was by LA and I thought it was good but solicitor was tut tutting about specificity of wording as well as what the LA had put about OT and SALT input. Vague vague vague he said. Will need to get a legal bod to check next drafts I think, we have been doing it but maybe not harshly enough.

Should SLT have experience of working with a certain disorder or can anyone qualified work with any child (CAS and cluttering).

tbf I don't think school apply even 1/100th of the recommendations but the EP report was enough to help us secure a reasonable placement not the mainstream round the corner.

@Alltheyearround if the current EP report is from 2019 and vague I would try to get an EP assessment for the upcoming tribunal if you can. A vague EHCP isn’t worth the paper it is written on. Unfortunately, lots don’t realise reports/EHCPs are woolly until they try to enforce the EHCP. If you get an independent EP assessment after the final evidence deadline you can request it is accepted. There is no guarantee SENDIST will agree, but more often than not it is allowed. Cancellations come up, so if you do contact EPs let them know you are open and cancellation.

It would be best if the wording meant the SALT provision had to be delivered by a SALT experienced in working with your DS’s needs.

You can try to refuse consent, but the solicitor is right, the LA may well request SENDIST orders assessment and SENDIST may well agree. Refusing doesn’t look good. It is good practice to inform you before any assessment anyway, but, yes, if you agree I would request you are informed.

@Alltheyearround - are there any reasonable adjustments needed around the assessment that you need to make professionals aware of and which they need to take account of when working with your child?

Yes! Are you one of the unlucky ones as well?

@Alltheyearround I used advocate Sean Bowers last time and he ran rings around DCC and he is the reason LJ is no longer Tribunal lead. His assessment of him was that he was a muppet. Have used HCB previously although Laura is no longer there who I used but have heard lots of good reports about Rob Price and Ed Duff is great on Twitter giving helpful advice.

@ThomasWasTortured

@hiredandsqueak Yes we are under DCC worst luck. That's hilarious about LJ, just sent a complaint, still a fully functioning muppet. Thinks he's good with words but sadly not poor chap.

@MrsLamb

Thanks all 3 for the collective knowledge. Really helpful.

Hopeful they may concede just before tribunal. Good to have advocate names, though we will represent ourselves, with help of a tribunal experienced SALT who has defeated them on many occasions previously.

We will see if the LA ever come up with an EP, and commission one ourselves before end of secondary so we are ready for transition to whatever setting is suitable for 6th form etc

Well LJ has just upheld my complaint at stage one and agreed the recompense I asked for so that's probably most useful he's been for me tbf.

Hi All, we've had our draft plan through and as expected it is just not specific enough and does not address all my child's needs (aged 4, community paediatrician confirms likely ASD and ADHD, on wait list for assessment).
Draft only has input from us family, school, Ed psych and social worker for children with disabilities. I had submitted a request for SALT and OT as part of the assessment which was refused because DC is already awaiting these under NHS (I have challenged this). Caseworker said EP hadn't recommended OT or SALT, but it's all over the EP doc that DC has communication struggles and sensory needs - surely expecting the Ed Psych to have recommended SALT and OT is like expecting a dietician to recommend physio?
Most significant provision detailed by the EP (5 hours daily programme of support delivered by TA) has been omitted in the draft (just says 'high level of support and supervision ') yet everything else the EP wrote is included, eg 2 x 5 min per week on x activity delivered by y etc. Totally woolly and unenforceable. I know it needs to be specific and quantified, I know it needs to be watertight, I don't have funds to pay for an advocate and I just don know what we need to be doing now. EP also references several times that DC needs a quiet, calm environment with minimal distractions but there's nothing in the provisions to address this.

I know I should be grateful that we've atleast had agreement to issue, and I am truly, but my head is mashed!

@curlydiamond make your representations, but don’t let the LA delay finalising - sometimes it is easy to fall into a back and forth that wastes time and doesn’t result in progress being made. Push the LA to finalise ASAP then appeal if the EHCP is inadequate.

Focus on evidence over representation. The best representation in the world can only work with the evidence they have. If you can’t afford independent assessments Parents in Need can sometimes help. Also, check if you are eligible for legal aid. If all else fails, sometimes during appeals I have previously had success in requesting SENDIST orders the LA to undertake certain assessments.

I've decided to crack on requesting tribunal as anything else seems to just delay further. Apparently you have to contact mediation first so I made the phone call today and have a call back to look forward to but the Process is Started and it felt like a much bigger step than it actually was. I'm actually terrified.
Trying to organise myself (and calm my anxiety) by writing a list of things to sort out meanwhile (contact college to get copy of learning plan being obvious one, and written info on why she was asked to leave her L3 course).

When I send in the SEND35 form and initial reports, how much longer do I get to send evidence? It’s to appeal after assessment and EHCP not issued. Thanks!

@Coatsy you will get a deadline, usually a few months away, but if you need to you can request late evidence is admitted.

I have been lurking on this thread. I have a question of my own, I hope it’s ok to ask here?

DD is in final year of primary school, but has not been in school for nearly a full year. She has horrific anxiety, along with ASD and ADD, but is very clever. We were finally given an ehcp after being refused twice and I have the draft.

A few weeks ago I told my awful, awful authority that I wanted a particular special school for DD. They asked the school I wanted if they can accept DD and they said no because there would not be any friends for her there and there are no spaces for her.

I looked at other special schools here, there and everywhere but none of them are right for DD. I then found a school which fits the bill but it is a private school. I phoned my rep from the authority and asked them to look at the private school.

But then they said that they have gone to the first special school I wanted (the one who said no) and are having discussions with them again.

What do you think this means? Is it a good sign? I really want DD to go to the special school because it’s within walking distance to our home. The private school will need transport because I don’t drive.

This often happens. A place is magically ‘found’ when parents start to talk about a more expensive option.

Unless the first special school is wholly independent (is it?) you don’t need the school to agree. They can be named even if they object. The LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

The bar to do that is high. Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DD is incompatible. The bar is higher than many LAs admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”. Sadly, LAs often force parents to appeal.

@ThomasWasTortured thanks for your quickly reply. Do you thinks it’s possible they have found DD a place now if they’re asking again? Would they bother asking twice if they were going to force me to appeal?

I’m trying not to be too optimistic because I know they could still say no, but it would suit DD perfectly.

Out of the reasons you listed to refuse , it would be reason 1. They didn’t use those words but the school said DD would have no friends there because she is working above the children in that year group. Would that possibly be enough to refuse?

But it is a special school who have some more able children in.

The school I’m hoping for is not private. It’s an authority run school.

Hey fellow sufferers

Can anyone tell me how specialist EP/OT/SALT/Psych reports are usually handled in an EHCP doc?

Should any references to needs or accommodations proposed in any of those reports show specific doc and page numbers?

Are reports referenced in the doc typically included as appendices or would they be distributed in some other way to potential schools, etc.

@CopyandPasted the LA has seen you are looking at a more expensive option and want to dodge paying for the independent school. Unfortunately, the LA speaking to the school again doesn’t mean they won’t force you to appeal. After all the LA could have named the school in the first place regardless of the school’s objections. But it doesn’t sound like the LA can prove the higher bar of unsuitable.

@listlesscat reports should be included in K. There is no one set EHCP format beyond the mandatory sections. All EHCPs should have sections A-K (there is no section L or O despite some LAs trying to invent them), but each LA can set EHCPs out differently, sometimes even within an LA the format differs, especially where parents have appealed. Some people reference evidence within or at the end of the text (e.g. professional name - often just surname or initial surname, profession, date, page, paragraph), others add it as a footnote, or not at all if you are many LAs.

Thanks @ThomasWasTortured
Are the subsections of section b important? Usually it's structured around the four areas of need I think, but in our draft everything has been grouped into one 'Employment/Training and skills for work' section with strengths and needs.

AIBU to ask for them to use the 4 areas of need groupings so that the EHCP is easier to read by more people?