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!!

@Solange91 The LA has named X high school, but only with the caveat you have taken responsibility for transport.

Unless they are wholly independent, schools can be named against their will, so it doesn’t matter they objected when they were consulted. Most academies can (although they mostly don’t) request the SoS to determine whether they should have been named. However, you can still appeal to SENDIST.

I know X high school is the preferred placement. I didn’t say only appealing your preferred placement; I said to appeal to try to get only the preferred school named, i.e. section I only naming X high school.

@ThomasWasTortured thank you for your clarification/advice.

Hey, I have a question about timescales mostly.

The LA agreed to assess on 20th June, which means we're roughly in week 15 now. I was contacted today by LA's OT to schedule an assessment on 15th September. This is kind of good news in that they hadn't planned to the OT assessment we requested. We've shared with them a private OT assessment and I was waiting to hear if they'd use it. I guess the fact that they are planning for a new OT assessment means they won't use the private one?
I'm not sure how to handle the delay the fact that we're veering off the 20 week timescale. I know that some delays are allowed if the school delays things because of summer holiday, but this OT is nothing to do with the school. I have asked EHCP co-ordinator to confirm the schedule we're now on a couple of times but there's been no response to that. Any suggestions?

Also has anyone here had any experience of handling LA vs private OT assessments?

Fraid not @listlesscat. My LA point blank refused to do one.

Hi @Phineyj - any news for you, or has it all gone quiet in the holidays?

@listlesscat The exceptions to the timescales are only if it is impractical to comply with the 20 week timescale because:
1)the LA requested advice from school when the school was closed for longer than 4 weeks or during the week before it shuts for more than 4 weeks
2)exceptional personal circumstances affect DC/parents
3)DC/parents were absent from the LA for a continuous period of 4+ weeks.

I would send IPSEA’s model letter as you should have a draft by now.

If there is an existing report that the LA, you and report writers agree is sufficient the LA shouldn’t be conducting another OT assessment. However, LAs often say it isn’t sufficient &/or still refuse to use the existing information unfortunately, so ask them why they don’t believe the existing is sufficient.

@listlistlesscat we've had both private and LA OT done. The LA one was done at school by the way - are you sure yours won't be? I have uploaded the private one to the "portal" our LA use but I don't know if they'll use it (fortunately the two OTs are in broad agreement).

@mrslamb nothing from them at all and it's 20 weeks on Friday.

@thomas I've been quoted £1k-£2k for a pre-action letter [cries] is that the going rate?! I've spoken to SEN Legal. I've asked the legal team at my home insurance if they cover this sort of thing but am not holding out much hope.

It's bad isn't it? If we really do spend that, that takes it to around £7k over 3 years we've spent on stuff that's supposed to be covered by the public sector.

My friends and family are finding it hard to believe and I seem to be living in some kind of alternate reality!!

@Phineyj JR costs have increased sadly. A sign of the demand for them. Depending on the specifics it could be £5/600ish to well over £1k, unfortunately. £2k is towards the upper end, but not unheard of by any means. I think SOSSEN have reopened their list for after the holidays. Alternatively, try Coram, Sinclairs, Simpson Millar, Bailey Wright, Just for kids, or Watkins & Gunn. One thing to note with SEN Legal in case the pre-action letter isn’t successful is, they don’t offer legal aid.

@ThomasWasTortured if it works I guess it's a large amount of time (and potentially money) saved for me doing a 2nd tribunal.

Thanks ever so much for that list and the note about legal aid though - really helpful!

SOSSEN have quoted £145 and can't say how long it would take.

What difference would it make if I needed to change solicitors to a legal aid one if we need one for the tribunal later?

It is possible to change just obviously not as straightforward as they don’t already have a background.

Thanks! Well I filled in the Sossen forms so I'll see how it goes.

@Phineyj I had similar issues with delays and I also used SOSSEN for a pre action letter. They do currently have a wait list but they couldn’t say how long it would be (4 weeks or more I was told).

However, in the end I didn’t need it. The threat of JR in writing to the council meant they magically resolved all issues within a few days (then screwed us over again).

I have contacted a few solicitors for legal aid but unfortunately ones in my area are overwhelmed with cases and are not taking new clients. I am also on legacy benefits so I don’t qualify , whereas if you are on UC, you automatically qualify (I’m not completely certain on this). I found this rather unfair, but such is life.

You can still be eligible for legal aid when on legacy benefits, and you can be on UC and ineligible. However, JR proceedings themselves (not the pre-action letter) are in the child’s name, therefore they can be eligible for legal aid in their own right. Legal aid is more important for JR proceedings themselves than for the pre-action letter.

I don't understand how legal aid works; is it the child's income/wealth or the family's?

Hiya everyone! Hope everyone is enjoying their summer!

q for Thomas (as I was a bit horrified / gobsmacked) at the costs associated with a proper “jr” does that really cost up to £20k? What is the “average” cost for this proper jr?

fine to action a pre jr but if that cost for the proper jr is £20k who could ever afford that!

it might not be correct but I’m on an amazing what’s app group for lots of children who are out of school and that’s the figure that the lady suggested as she is having a bit of a nightmare time. And the solicitors are refusing to use the child’s name to get legal aid.

which is just bonkers in itself. its just causing lots of stress of both the child and parents.

but I was a bit wowed at the cost …. I’m sure it would never come to it - but crazy.

maybe she got it totally wrong but if the end result is a fight for a proper jr no one could ever really afford that ….so you do have to wonder what is the point just delay tactics

@MrsLamb it depends on what it is for. Most educational matters are brought in the parents' name, so it is their income and capital that is assessed for legal aid/legal help. This applies to things like pre-action letters. Most (but not all) JR proceedings themselves are brought in the child’s name, so it is DC’s income and capital that counts.

@fedupallthisrubbish the cost of JR proceedings depends on the case. Costs can be significant, which is why legal aid is more important for proceedings themselves in comparison to legal help for a pre-action letter. For DC not being provided with s.19 provision &/or the provision in their EHCPs, JR would be in the child’s name, so it is a matter of getting someone to take the case, which sadly has become harder as demand has increased. Has she tried contacting the civil legal advice line? One problem is the CLAA sometimes tells parents legal aid isn’t available in the child’s name when it is.

Depressingly, I couldn't get the local public law specialists to even discuss a situation where harm had been caused by a school ignoring clinical advice from two Doctors, which was incoporated in a plan, which clearly stated said thing carried a significant risk of harm. This was drawn to theschool's attention and they still persisted with said thing for several days.

Talking to a mate who works in the field, she say the law has ceased to apply to disabled people, as their rights are being sytematically and repeatedly ignored as a matter of policy in many LA's, for which there is no effective remedy. As a lawyer, she considers this area of public life to have become lawless. 😨

The system is broken. The situation will persist and even worsen while ever LAs are allowed to continue without serious repercussions.

@MrsLamb You could look at a disability discrimination case yourself. You don’t necessarily need someone to run the case for you.

@ThomasWasTortured her solicitors does JRs but doesn’t accept legal aid so catch 22. She is trying to find someone else but finding it tricky. I’ve told her to call legal line so thank you.

Also, just a generally q - how will the system ever going to improve? There has been multiple failings nationally in the UK - reports have been wrote / LA have been blamed and accepted that it’s been their fault / people protesting but seriously if nothing alters from the top / serious cash put into the system how will it ever work? How will it ever get better? More children are needing help now and it’s a cycle that keeps on repeating itself …. Plus a massive amount of stress for parents which isn’t good for them to fight for their child through every step.

Also case workers how are they just allowed to leave and don’t contact yourself? Or an out of office email saying your new case worker is x. I did a complaint and cc in everyone and someone at the top said oh your case worker has left. I think I might be in case worker number 4 now. However they are going to alter what I was moaning about (section A after an annual review 😍as it was 3 years out of date) before I would of been too nervous to write what I did but now it’s getting altered 🤩

omg - the start of school is coming 😬 I’m getting nervous now what this year holds 😬

I don’t see how the system in its current form can ever recover. I hope (maybe wishful thinking?) the new SENDIST directions reduce the number of appeals getting to a hearing, therefore reduce the waits somewhat. I don’t think the failures are just about lack of money. The problems run far deeper. Caseworker turnover is another symptom of those deeper problems within SEN departments. I once considered applying for a vacancy, but decided I wouldn’t be able to because of DSs’ needs and I would be too frustrated I wouldn’t be able to toe the party line. Section A isn’t as big a problem if the LA don’t edit - BFI are much more important.

Greetings all. I have news...after emailing everyone I could think of yesterday (up to and including the Director of Children's Services) I have somehow now acquired a case officer (with an actual name) and a panel date of 31st August! (which is week 21 and and also my first day back at school so at least it'll be something to think about during INSET...)

So that is progress at least. I also spoke to a solicitor today and have all the paperwork to do a pre action letter if needed. Although I'm not going anywhere near a lawyer till I find out if the house insurance covers it. Encouragingly, the solicitor said some of his clients are getting the SEN work covered by their house insurers "but there's no mileage in the insurers listing it in case everyone decides to take out their policies", which I can understand.

@fedupallthisrubbish I'm sure your friend knows this already but after checking out @ThomasWasTortured's really useful list of specialist solicitors, I found this website where you can look up if they also do legal aid (all the ones Thomas mentioned do):
https://find-legal-advice.justice.gov.uk/

Courage my friends.

Well done @Phineyj!

@Phineyj - so you'll know then whether or not they'll issue?

Yep. At least if it's no I'll know. Poetic.

It feels like I should be allowed to put the case to this flipping panel. I've done all the work!!