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!!

Many schools are only able to deliver EHCP provision now, unfortunately. I can only see the situation worsening, and, of course, it results in more EHCNA requests.

Which the government has the nerve to blame on parents! It beggars belief that anyone would go into this lightly. It's such a depressing process.

@Phineyj I have spotted this thread as I too got a refusal to issue. As pp has stated, ask for an expedited hearing as soon as you get the registration forms from SENDIST. It cleared 4 months off our original tribunal date but sadly DC has already started year 7 (we are over a year in to this process thanks to a tactical LA who appear to think the law is optional).

My DC has been refused every aspect of support identified during the EHCNA and independent assessments, because none of it is accessible without an EHCP, yet we are still having to appeal. I understand your frustration.

Thanks @RulingTheBoost and sorry to hear you're in a similar position. I sent the ECHNA in October of year 5 which I thought would be plenty of time - silly me! I guess I should have started in year 2 when we got the diagnoses...

It is enraging that schools won't provide support without the plan. Mine's not quite that bad but obviously with more and more EHCP and the same amount of staff and resources, the squeaky wheel gets the grease.

You can also make it known it is a phase transfer appeal when submitting.

Sorry to hear your news @Phineyj. Are they saying your DC's needs can be met without an EHC plan?

It's such a racket, isn't it? Organised piss-taking, whilst DCs' issues with school become more and more entrenched.

My DS can't cope very well, but internalises this as him being bad and incapable, when he's bright and interested, but not getting what he needs in order to be able to engage consistently with learning at school.

I don't know what their reasoning is, @MrsLamb, as I haven't had the letter yet! I need to ring them up, but I'm so cross I've been putting it off.

I imagine their reasoning is they're skint!

Your poor son though. I take it there's nowhere else that might be better?

I imagine that is the reason, but how that gets translated into something conceivably lawful will be interesting!

DS has a strong preference to stay with his friends (which is about the only 'pull factor' we have). So for now I think he has to stay put. In the event of a succesful appeal things should hopefully improve - his needs aren't necessarily difficult to meet, but it does require attuned support and a willingess to make many small changes to support his engagement with learning. School are clear this can't all be delivered given the constraints on classroom teacher time and suggest I pick my top 5, out of a list of 30 plus provisions. I am not sure whether they will be brave enough to say that to the LA?

@CHAKRAlight - sorry to hear about your daughter's difficulties. Yes, if I had my time over, and knew what I now know, I'd have intervened earlier and persistently, rather than trusting professionals to have my daughter's needs to the fore in their considerations. I can't help but conclude they avoided involving the SENCO/addressing issues as EBSA, despite evidence from CAMHS of long term mental ill health, as that would have constrained their ability to remove DC from the roll.

A long way off for you, but I think 'academic' 6th forms can be particuarly cut throat in finding unoffical ways to purge struggling kids in Y12 who look like they will drag their stats down, by potentially passing with lower grades than As an Bs. These kids still need to conclude their education, ideally in an environment where they have long-term supportive relationships with staff and students, and should have an opportunity to do their best, recognising that conditions and needs, may unavoidably impact what that is.

I've just realised that the reason I've had no letter from the LA is because now you have to download it from their portal. When they refused to assess last year, they posted a paper letter. Just thought I'd mention that in case anyone else needs to know. Minor, but annoying as I've wasted a week now.

Anyway, the letter says, "After carefully considering all the evidence, that was presented as part of this EHC Needs Assessment, the panel felt that L's support needs fell within provision that is ordinarily available without an EHC plan..."

This is not true. She's at a private school with classes of 21, lots of TAs, one to one weekly SENCO support (as long as you pay extra), two full afternoons of properly coached sport twice a week and lots of high quality music [this is relevant because as an incredibly fidgety ADHD-er, it helps her regulate].

This provision is not ordinarily available!

Then it says "We believe that the needs...can be met by the SEN Support that is already available at the education setting".

This is true but BECAUSE WE ARE PAYING THROUGH THE NOSE FOR IT.

And doesn't address at all, that the whole point is to address her needs at secondary. They can't possibly know if her needs can be met by a school that she's not been admitted to!

Bastards.

I've got the mediation certificate now -- it only took one phone call (last time it took multiple calls and about 2 weeks). So that's good, but I had to confirm every single detail of the case (when obviously the LA knows all this already) AND then explain why I was declining mediation and justify why I believe my daughter needs an EHCP.

I don't think it's appropriate for a call centre person to ask the latter question although obviously I answered it so as not to hold things up any longer.

@Phineyj Thank you for sharing what the panel said, it is so unjust I can only imagine how frustrating it is and how painful. Keep going!.... as you well know it's something they are consistently doing with so many of us. I know the long waits are hard to deal with. I have sent my email to the head of children services, it's a long story but it didn't go directly to him and was picked up by someone else, the woman who picked it up told me it had been forwarded to the SEN team (about a week later I phoned to check but no one could find it). I re-sent it and have been told they will respond in two weeks......(thank you for raising your concerns we will look into this etc etc...)
@MrsLamb so sorry about your son ...my DD did not return to school I have a meeting with them next week, CAMHS emailed them as well. None of this appears to do much good, but we'll see, I guess for all of us the fight goes on, and what a fight it is :(
@RulingTheBoost I am at the refusing to assess stage so helps to read these tips re asking for an expediated hearing (once I get past this 1st stage which will be in a couple of weeks or couple of months (waiting for LA response but also have a tribunal date set for end of November which feels like forever!

@Phineyj 💐
so sorry
keep up the good fight 💪

Oh my goodness! That leak published in the Guardian today. Have you guys seen it?

www.theguardian.com/uk-news/2023/sep/10/revealed-covert-deal-to-cut-help-for-pupils-in-england-with-special-needs

@Phineyj That article is appalling but I am sadly not surprised.

@Phineyj The reasons for your refusal to issue are almost identical to my DC; I believe it’s a standard cop out reason to refuse .

@Phineyj Thanks for sharing this, it was a depressing read but I am so glad you shared it, gives more insight into what we are up against and why....

Hiya

Is everyone surviving?

is there any laws to quote when you don’t receive OT / Salt which is crystal clear after a tribunal last year? And annual review approved in July. Stating how many hrs per term….

The council have said they have run out of money this term for him 😂 well there is only a little bit left £x and it won’t cover what’s in the EHCP. I’m sure money doesn’t come into it. The time is quoted very clear for salt and OT on his EHCP. It’s a private OT / salt (as no nhs people even though they asked 18 plus people) they say they have x number of pounds for him for “therapy” this term. Which will not cover what is specified on his EHCP. Obviously the private people will want their wage.

case worker number 6 or something walked out again 😂 so we don’t have one - so I’ll complain to the council again 😂 as top person doesn’t even reply.

He is in an independent mainstream school if it makes any difference. I think he would be better doing OT actually out of school but that is probably another fight to have with the council which they might not agree on …

such a pile of 💩

Thank you x

I'm liking your username, @fedupallthisrubbish. Captures my mood. Got to start on the refuse to issue appeal paperwork tomorrow.

I'm not sure what you should do about your crap LA. Hopefully @ThomasWasTortured is around.

@fedupallthisrubbish provision in F must be provided (s42 CAFA 2014).

This is only enforceable if it is detailed, specified and quantified in F. If it is, email the Director of Children’s Services reminding them of their duty. If that doesn’t work, email again threatening JR. Then, if that fails, contact SOSSEN for help with a pre-action letter. If it isn’t detailed, specified and quantified it isn’t enforceable. So, no vague and woolly wording such as ‘access to’, ‘would benefit from’, ‘opportunities for’, ‘regular’, ‘where necessary', 'such as’... You won’t be able to enforce this half term’s OT/SALT hours yet if it isn’t more specific - for example, if it only states 6 hours per half term they could all be provided in the last week of half term and still be compliant.

Thank you so much! I’m on it tomorrow with my email!
our director Rachel Wardell surrey is rubbish she has never ever responded to anything. We will see …. Thank you I really appreciate it x

@Phineyj good luck tomorrow. It’s so bloody draining isn’t it!

I think they actually want parents to crack up . It’s terrible.

I keep getting emails of local contract sen case workers some are on £350-450 per day for a 6 month contract - I mean they are paid well - why is it so hard to get someone to stick to their jobs …..

Keep going - you have this 💪

why is it so hard to get someone to stick to their jobs …..

That depends on what you consider their job to be…

Indeed! You know I never spoke to our case officer. She was allocated to our case after I did considerable moaning and quoting of the law. The next week she took the case "to panel" (I understand the panel is sometimes fictious). That was the sum total of our professional relationship over the 21 weeks (and the 6 months it took to get to the assessment stage) - one email exchange in the final two weeks which she introduced herself and I acknowledged her email.

What a stupid system.