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!

Thanks, everyone. Let's see how it all unfolds.

Thinking ahead, if the LA really does issue and we finalise this spring, that will be good timing as DC is starting Y7 in September. Regarding schools, should we start talking to them now and trying to visit? There is a particular school we would like DC to go to (MS) but they are super oversubscribed and we're outside the normal catchment. I know they have refused to be named on most Plans (they apparently get over 100 EHCP applications each year and only take 10-12).

We'll find out next week where we're being offered a place in the normal process, but I have reservations that the school we're likely to get is the right setting for DC.

It does sound to me suspiciously like they confused you with someone else. But I suppose you'll have to take them at their word for now.

@SpaceInvader321 you can be looking for schools now, but some won’t hold detailed discussions or let you visit at this point.

Hmmm, yesterday copied into email between LA and Senco stating the evidence provided this month, EP and OT reports, is now sufficient for them to concede the appeal (to assess). Wait with bated breath to see that official letter; they have until 29th Feb to send us and the tribunal their official response.

Not Bristol but next one along @RMNofTikTok.

Really good news @Phineyj

Fingers crossed @SpaceInvader321 🤞

Congrats @Phineyj - that's great news tribunal has been brought forward.

It's mad, this system. In order to get an LA to "assess" you need to have already assessed... are you still out there @mrslamb? Kafta again!

@Cafetabac the other reason I am wondering if poster @mrslamb is still about is that she had the same situation as you: an EHCP that consisted only of "quality first" teaching. It didn't go well...

That sounds positive @Bendattheknees

did your SENCO / school apply for EHCNA on your behalf?

Brilliant @Bendattheknees.

Am enjoying the sunny Saturday feeling.

No, @UsernameFail we submitted as senco wouldn't have been able to start until this month; Academy trust yadda yadda, and would have to wait their turn to see EP/OT. So we started in October using the intel from the lovely people on this thread to guide us. LA declined at end November and we submitted the appeal mid January. In the meanwhile he has been seen and reports drafted and sent to LA and us.

Suppose we better read those reports properly to ensure usefulness if LA are going to use them.

@Bendattheknees what I did with reports was went through them with the handy IPSEA guide and drafted the EHCP myself so I can "mark the LA's homework" so to speak, should they ever get round to issuing one.

It also means that if I am faced with the "quality first teaching is enough" or "all this stuff is ordinarily available apart from it isn't" shite, that I have now identified which things are really important to fight for.

In our case those are:
Use of her own laptop in class
Emotional support from a named person
Small group social skills sessions
Sensory OT
Some adaptations for her eyesight issues
Access to homework club

@Phineyj

I'm stuck between a rock and a hard place right now.

I've just sent the school a pre action protocol letter due to their refusal to provide the interventions recommended by various professionals that the school claim are ordinarily available because the school "does not think they are necessary".

I know that the interventions that the school and LA claim are ordinarily available, are indeed not ordinarily available because it would cost the school too much money. Ds SEN support when costed is already over the £6000 notional budget threshold.

Ironically, by their refusal to provide the interventions, they are proving that an EHCP is necessary to provide the interventions.

I won't actually take them to judicial review, I'm hoping the PAP will be enough for them to provide more intervention that is ordinarily available, and for the school to concede that actually on balance an EHCP is necessary.

I'm so so so tired of all of this.

Oh dear @RMNofTikTok, that sounds really crap.

Are there any credible alternatives to this school? One of the things that constantly surprises me about them (I'm a teacher) is how different they are to each other.

It's probably no good (mine wasn't) but does your home insurance cover legal fees?

It does, but I'm a McKenzie friend in family law and an independent housing advocate in housing law, so I don't need a solicitor for a PAP, I prepare PAPs quite often for housing clients. I'm certain it won't need to go to JR, but if it does I can access a barrister. My friend would probably represent me pro bono anyway. And as for SENDIST, I've got legal help with that as it's an area of law I'm not familiar with, but I would self represent at tribunal as I could do that from the statements in the bundle, or again maybe ask a McKenzie friend colleague with more knowledge in this area to come and support me 😊

I think I'm so frustrated because I know how poorly the school are behaving. I would move her, but she's in year 6 and doesn't manage change well... the whole reason I applied for an EHCP is because she will not manage the transition to secondary without a 1:1 initially.

@RMNofTikTok just so you are aware, some LAs won’t take PAP letters seriously (or take them less seriously) if they don’t come from a firm with a legal aid contract. This has become more of an issue over the last few years.

Thanks @Phineyj good tips and my next piece of homework!

When the LA delayed the EHCNA the PAP was successful, it was sent to panel 4 days later. I can understand why some may get funny about it though! McKenzie friends are not regulated.

That’s good news. Thought I would mention it in case it applied. It isn’t only about being regulated or not but that’s definitely part of it for some LAs.

It's something I come across in housing advocacy too, especially because I'm independent! I even have councils refuse to speak to me despite having consent to share because they can't wrap their heads around someone not working for a known organisation. But back to SEND and PAPs, it's not ideal writing your own PAP, even with experience. Due to overwhelming demand with support in SEND, the wait time is incredible, even for a PAP. If I do need to enforce it I will likely pay for a solicitor to write one at that point as I would need support at a JR. But let's see what this week brings. The LA have to reply to my SENDIST application by noon tomorrow.

@RMNofTikTok the challenge of finding a legal aid firm to take the case is part of the reason why some LAs take PAP letters written by someone without a legal aid contract less seriously. LAs know parents may not be able to find a legal aid firm to take them on straight away. Even when they do then find someone some legal aid firms want to send a PAP letter by them first even if one has already been sent from someone else. So taking it less seriously kicks the can down the road for the LA. All about wasting time.

@SearchingForSolitude

All sounds very similar to 98.2% of parents at tribunal being there needlessly because the LA made a bad decision to avoid paying for an EHCP temporarily, doesn't it 😁

🤣now that would be pretty damn stressful! Good luck with it all

Hi all, had no reply from school we requested to be named on ehcp. We've now passed the 15 days. Due to be finalised this week. La has always said it will likely name current ms school assuming they'll just do this now?

Well I've just read through the LA's tribunal bundle (228 pages...this process is ridiculous although at least thank god it's all pdfs these days...imagine the poor trees...)

And everything's there and I feel our case comes through strongly. The LA seems to believe that a) the extensive support DD has had at her (private) primary equates to "quality first teaching"; b) that there can't be an issue because her school say she's in the top 3% of the cognitive ability range (yet she's working at year 4 level in year 6); c) that one can't say her needs wouldn't be met at secondary because it's not clear what kind of secondary we're thinking of (HELLO LA, you KNOW what kind of secondary we're thinking of - you have our actual application form and everything); and d) just because I say that what she needs isn't ordinarily available doesn't mean that's true nationally, which is what they say is relevant, not what's actually on offer locally* (I went through every need from the reports and explained whether or not it could be met in my experience of my own mainstream comprehensive....which is the school I am expecting her to get a place at come Friday). Finally e) that the SEN Code isn't a requirement anyway, just guidance. Which sounds like the last refuge of the desperate to me tbh.

*this is what the SEN Code says. I read it a while back. But how can this be? How could parents possibly find out the information to make the comparison and how would you decide what you should be comparing given that nobody can just move to an area on a whim so it's irrelevant in practical terms what e.g. schools in Birmingham might offer compared to schools in Cornwall?

Whatever happens, I do hope SENDIST give them a telling off for their reading comprehension.

@246810k have you spoken to the school? (I don't know if they'd take your school, but worth a try). And I think that you have to appeal for the school you want, which presumably requires confirmation that you haven't got the school you want? So maybe it's better that the LA issues so you can appeal?