EHCP support thread no. 2

[Phineyj]

This is a support thread for anyone at any stage of the EHCP process. I've got an 11 year old girl in year 6 of a mainstream private primary school. I've been seeking an EHCP since she was in year 5, to support her transition to secondary school. She is diagnosed with ASD and ADHD and is working about two years behind age related expectations. Our local authority refused to assess and refused to issue. We are currently in the 11 month wait for a second tribunal which I am hoping (but not sure) will take place before she actually goes to secondary, although I doubt the actual EHCP will be finalised by then. In the meantime I've been enjoying (not) learning all these acronyms and trying to support other people in this journey. In my spare time, I'm a secondary school teacher.

If you, too, are drowning in acronyms and paperwork while finding your local authority (LA) as useful as a chocolate teapot, join your fellow travellers here!

[Cafetabac]

Thank you @Phineyj. Was overdue a name change, but have been with you since this was just a twinkle in the eye....

[Phineyj]

Welcome old friend with new name.

I thought about calling the new thread The Chocolate Teapot Cafe (in homage to The Cockroach Cafe for elderly parent support) but decided not to stress out anyone looking for help!

[Cafetabac]

That would've been funny (but, as you say, a bit of a hurdle to newcomers).

[RMNofTikTok]

@Phineyj

This is a support thread for anyone at any stage of the EHCP process. I've got an 11 year old girl in year 6 of a mainstream private primary school. I've been seeking an EHCP since she was in year 5, to support her transition to secondary school. She is diagnosed with ASD and ADHD and is working about two years behind age related expectations. Our local authority refused to assess and refused to issue. We are currently in the 11 month wait for a second tribunal which I am hoping (but not sure) will take place before she actually goes to secondary, although I doubt the actual EHCP will be finalised by then. In the meantime I've been enjoying (not) learning all these acronyms and trying to support other people in this journey. In my spare time, I'm a secondary school teacher.

If you, too, are drowning in acronyms and paperwork while finding your local authority (LA) as useful as a chocolate teapot, join your fellow travellers here!

Hi OP

You're in the same position as me. I've just got a hearing date of 12.12.24.

If you email the LA and ask if they consent to an earlier hearing and if so ask them for 3 proposed dates, you can complete a SEND7 with their response, asking for an earlier date due to it being a key transition year. I've just done this on Friday and asked for first available date before 1st July.

[Phineyj]

Thanks @RMNofTikTok. I did that already. Got a rude response from the LA but nothing further from SENDIST as yet.

[RMNofTikTok]

@Phineyj

Thanks @RMNofTikTok. I did that already. Got a rude response from the LA but nothing further from SENDIST as yet.

How long ago did you submit your SEND7? I've just checked and mine was submitted on Tuesday.

[Phineyj]

25th November. The document check for the tribunal is next month (current tribunal date is early September) so hopefully I will find out if they can expedite it then. The LA's reasoning for not agreeing to expedite it is that my daughter will get a school place through the common application process and that that school can apply for SEN support if necessary.

Thanks a bunch, LA. So basically they are saying that the needs their own specialists found in the ECHNA are irrelevant!

I'm planning for her to attend my own school in another borough. I don't trust my LA at all.

[RMNofTikTok]

@Phineyj

25th November. The document check for the tribunal is next month (current tribunal date is early September) so hopefully I will find out if they can expedite it then. The LA's reasoning for not agreeing to expedite it is that my daughter will get a school place through the common application process and that that school can apply for SEN support if necessary.

Thanks a bunch, LA. So basically they are saying that the needs their own specialists found in the ECHNA are irrelevant!

I'm planning for her to attend my own school in another borough. I don't trust my LA at all.

Bleurgh does that mean I have to wait until the first hearing to see if they will move it forward?!?

[Phineyj]

Dunno. I am well fed up of the entire thing. I am no further forward than if I'd never bothered with the ECHNA in the first place if you ask me!

Although it was useful to have it in writing that DD's two years behind average as school had never been candid about that (Ed psych said this).

[SearchingForSolitude]

You can chase it up. SENDIST aim to respond to RfCs within 15 working days, but since the strain on the Tribunal system has increased it can be 20 days. Although sometimes for agreed straightforward requests you won’t find out until the case management review.

[RMNofTikTok]

@SearchingForSolitude

You can chase it up. SENDIST aim to respond to RfCs within 15 working days, but since the strain on the Tribunal system has increased it can be 20 days. Although sometimes for agreed straightforward requests you won’t find out until the case management review.

Thank you that's really useful information to know.

[Mariolikesketchup]

Hi everyone

I’ve just started the ECHP process for my nearly 4 year old for a severe speech and language delay

how do they let you know whether they are going to assess or not? Is it a phone call or letter? Is it normally bang on the 6 weeks they will make a decision or can this sometimes happen sooner (or later :)? It’s going to be a very looong 6 weeks!

thanks :)

[Cafetabac]

@Mariolikesketchup

Hi everyone

I’ve just started the ECHP process for my nearly 4 year old for a severe speech and language delay

how do they let you know whether they are going to assess or not? Is it a phone call or letter? Is it normally bang on the 6 weeks they will make a decision or can this sometimes happen sooner (or later :)? It’s going to be a very looong 6 weeks!

thanks :)

Edited

Welcome.

A prediction: nothing will ever be bang on anything. You will write many letters to the Chief Executive/Director chasing them to comply with the legal timeframe. You may find yourself having to threaten judicial review...

Forewarned is forearmed.

[Phineyj]

My LA have been totally crap but they did manage to reject the ECHNA request bang on the 6 week deadline.

Things went downhill from there...

[SearchingForSolitude]

How the LA will inform you if they are going to assess or not depends on where you live. It may be by email, an online account or letter. If you find out via phone call you must ensure you also get the decision in writing.

LAs do sometimes inform you prior to the deadline. And, they often try to get away with breaching the statutory timescale. If that happens you should post back here for advice on how to force the LA to comply.

[Mariolikesketchup]

Thanks everyone, can I ask what area of the UK you are?

[Phineyj]

Southeast London

[SearchingForSolitude]

EHCPs only apply in England. Wales, Scotland and NI have their own statutory SEN documents - IDP (although some still have Statements of SEN because the transition hasn’t finished), CSP and Statement of SEN.

[Phineyj]

There have been developments! SENDIST emailed me today to say our tribunal for refuse to issue has been made earlier (from early Sept, now early June). They said "The Tribunal is minded to vacate the current hearing and relist to an earlier date as this would be fair and just to do so: ChildName is due to start secondary school in September 2024 and if a plan is to be issued, this will be prior to the start of that term."

They also evidently read the summary I wrote, as they quoted it in the order.

It looks like that it could be even earlier than June if the LA will consent to a hearing on the papers. But perhaps they won't, as they've been entirely unhelpful so far.

The LA have also panicked me by claiming that "The system is not showing that you have made a choice through general admissions for secondary transition so the LA will need to know if you are making your own arrangements for secondary school." How can they not see this on the system? I made an on-time CAF application (I have the confirmation), sent the ID required (have a confirmation) and as two of the schools on our list require a fair banding test, Child sat that before Christmas (obviously they only invite people who've applied...)

[MummyPop00]

Hi everyone

Just a question about EHCP annual reviews & their aftermath. We were told at the last one back in June ‘23 that the existing plan would not be maintained. We had no notice of this within a four week period afterwards but was told over the phone by a SEN caseworker at the LA. We were told in September ‘23 when chasing things that the new, revised EHC was awaiting quality control before being signed off & we heard nothing since. Chased the LA this week & they said this was still pending (32 weeks since the annual review now).

Just read this on SNJ, which if I’m interpreting correctly means the LA can take as long as it likes in this situation, is this correct?

” if the local authority decides to amend the Plan, there is no time limit by which it must send the amendment notice. The code of practice simply states that where the decision is to amend, the local authority should start the process of amendment without delay (paragraph 9.176). It is only when the notice with proposed amendments to the Plan is sent, that the local authority needs to comply with an 8 week deadline to finalise the amended Plan. This means parents can find themselves in a situation where the outcome of the review is to amend the Plan, but they are then left waiting for a considerable period of time for the actual amendment notice to arrive.”

[Cafetabac]

@Phineyj

There have been developments! SENDIST emailed me today to say our tribunal for refuse to issue has been made earlier (from early Sept, now early June). They said "The Tribunal is minded to vacate the current hearing and relist to an earlier date as this would be fair and just to do so: ChildName is due to start secondary school in September 2024 and if a plan is to be issued, this will be prior to the start of that term."

They also evidently read the summary I wrote, as they quoted it in the order.

It looks like that it could be even earlier than June if the LA will consent to a hearing on the papers. But perhaps they won't, as they've been entirely unhelpful so far.

The LA have also panicked me by claiming that "The system is not showing that you have made a choice through general admissions for secondary transition so the LA will need to know if you are making your own arrangements for secondary school." How can they not see this on the system? I made an on-time CAF application (I have the confirmation), sent the ID required (have a confirmation) and as two of the schools on our list require a fair banding test, Child sat that before Christmas (obviously they only invite people who've applied...)

That deserves the thread klaxon being sounded. Well done @Phineyj!

[RMNofTikTok]

@Phineyj that's great! Although that means I have 2 months to wait for the send7 to come back 🤢

[SearchingForSolitude]

@MummyPop00 that SNJ page is out of date. There has been case law since it was written. Following an AR meeting the LA must inform parents whether they are going to maintain as is, amend or cease to maintain within 4 weeks. If they are going to amend the LA must send the AN at the same time and then finalise within a further 8 weeks (so a max of 12 weeks). See R (L, M, and P) v Devon County Council  [2022] EWHC 493 (Admin). Here is IPSEA’s info on the AR process. Email the Director of Children’s Services reminding them of the deadline. If that doesn’t work email again threatening JR. Then, contact SOSSEN or someone else for help with a pre-action letter.

We were told at the last one back in June ‘23 that the existing plan would not be maintained.

Do you mean ‘would not be maintained’? As if they planned to cease to maintain would have to be in writing to trigger your right of appeal. And there would not be an amended EHCP to issue.

[Phineyj]

@RMNofTikTok Christmas and New Year probably slowed things down for us a little?

[RMNofTikTok]

@Phineyj

@RMNofTikTok Christmas and New Year probably slowed things down for us a little?

Even so that's so long to respond to a court application!