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!

@Phineyj Yes to everything you (and others) have said. I'm so tired of having to manage every single step of the process -- not just the tasks I need to do, but checking that everyone else is doing their job right.

I'd like to be working and earning more but I can't see how I can possibly increase my hours right now whilst juggling the EHCP process for two children. Luckily, my job is extremely flexible and DH earns a good wage, but I definitely feel like most of the fight has fallen to me. I'd love to be a charity trustee too, but I've turned down two opportunities recently because I know I just don't have the head space. Like you, @EHCPerhaps , I lose hours of sleep every night worrying about this.

We're expecting our secondary placement later today and although I expect DS to get into an 'outstanding' state MS, I have a lot of reservations about whether it's going to be right for him, especially after reading through our independent EP's report, which suggested he needs quite a bit of support.

I am also waiting nervously for secondary admissions - also "Outstanding" state school. There are some good ones out there. Attitude of staff makes a huge difference.

Fingers crossed for everyone.

Regarding that Guardian letter, possibly this Rebecca Lucas? Shame that someone working in the field would have such a low opinion of SEN parents (on whom she probably relies for research data):

www.researchgate.net/profile/Rebecca-Lucas-5

Hi everyone
I haven't posted in a while as I've had a baby, so I've been dealing with all this while I was heavily pregnant !
Good news - ds' EHCP was agreed 👍🏻
School have received the draft plan and said they cannot meet his needs. School sent back consultation form and my parent letter stating what we don't agree with in the plan and why, and that we wish for ds to attend a specialist setting. The LA got back asking which specialist settings we would like to be consulted.
Does anyone know now what might happen ?
They have said they will send the draft to the named schools to see if they can meet ds' needs. Where do I stand if the schools say they can't ?

Re timelines after SENDIST orders the LA to assess ...

I know (thanks to @SearchingForSolitude) that if the LA is not going to issue they must inform us within 10 weeks. And if they are going to issue they must finalise the EHCP within 14 weeks.

I thought any advice, including from the LA's EP, had to be submitted within 6 weeks. The EP has suggested some dates during the Easter break ... which is 7-8 weeks after the tribunal's order. If they don't assess before Easter, then we're looking at an EP visit in at earliest on 15/04, but their draft plan would be due 19/04 (week 10 from the tribunal order). I'm sure they're swamped but should I push for an earlier date?

Congratulations, @34weekmess, on the new baby and on the EHCP!

Afraid I can't offer any advice on naming a school, as we're not that far yet, but I'm sure someone will be able to help. Good luck!

@SpaceInvader321 yes and also send one of the template letters from IPSEA to make it clear you know they've gone over dates.

The EP has just been in touch with our Senco and said they've been told the evidence deadline is 8th April. It's actually 22nd March! Grrrr.

Oh FFS, I clearly can't handle multiple usernames. 😂

@34weekmess specialist school have to agree, it will depend on their admissions criteria, have you seen it? Does lo meet criteria?

if school reject lo would you want them to attend? If they are saying lo doesn’t meet criteria then it may not be a right fit?

it’s really hard, I had a great specialist school in mind (visited, met teachers, saw rooms etc), but after more than a year wtg fir tribunal, head teacher was so dismissive and rejecting, that I have had to look elsewhere. So frustrating, but I have to hope it’s ultimately the right thing.
you can name more than 1 specialist school for LA to consult with.

@HandMadesFail don’t worry about complaining.

specialist school have to agree

Unless they are wholly independent, this is not the case.

@34weekmess congratulations!

Unless your preferred placement is wholly independent (is it?) 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 prove one of the above is higher than many LAs claim. Unless the LA can prove one of these exceptions, they must name your preferred school even if the school object. However, this doesn’t stop LAs refusing and forcing parents to appeal.

If your preferred placement is wholly independent, you need an offer of a place. If they don’t offer a place, they won’t be named.

@SpaceInvader321 anyone asked for advice must respond within 6 weeks of receiving the request (Reg 8(1) of the SEN Regs 2014). There are a few exceptions, but I don’t think they apply to you. So it is not within 6 weeks of the Order, but within 6 weeks of receiving the request for information and advice. So push for an earlier date, but be aware of the above.

Secondary school place confirmed!

Brilliant @Phineyj. One less thing to worry about. Does your school offer enhanced transition to DC with SEN? If they don’t routinely, you should ask.

I'll be up in the SENCO's office first thing Monday to enquire!

Brilliant news @Phineyj!

Have been MIA on the thread klaxon for a couple of weeks - for which apologies to all, but am sounding it long and loud for everyone who has recently reported progress/outcomes.

<sounds thread klaxon>

Thanks so much everyone - honestly if it wasn't for you guys on this thread I would've been so lost, so thank you !

Yes it is a state school, not independent, we have named two schools, with one being the first choice. I don't see why they wouldn't be able to meet ds' needs, websites state ASD as one of the specialist conditions they cater for. The main school I know of a few parents who have/had kids there who have the same sort of needs as ds and it's a very good school that's local to us. It also has a secondary school too.
So it's fingers crossed.
What if they don't have space available atm? What would happen then?

Great news, @Phineyj. I hope they provide all the support you're hoping for and DD loves it and transitions smoothly.

We also got our secondary placement at the school we were expecting. Their website says they do a special transition day for children with EHCPs, which of course we don't have. I'll ask about DS attending and see what they say. Might provide good insight into what to expect going forward.

One of my biggest concerns is that they have only double periods, and I'm worried about how DS will cope given his ADHD.

@SpaceInvader321 you can ask for a time out card. Also, at my school enhanced transition is for DC in the EHCP process (and the most needy of those on SEN code K) as well as EHCP, so ask about it anyway.

Hello all, new here so hope it’s ok to join.

I’ve just found out that our LA has agreed to carry out an EHCNA for my little one. However they have said that they won’t be able to allocate an EP for about 6 months! Can they say that? I thought they had to complete the next stage quite quickly.

Any advice would be greatly appreciated.

@IvyGrace welcome. Email the Director of Children’s Services reminding them of the statutory timescales. If they can’t assess in house within the timescales, they should commission an independent assessment. It is not acceptable for them to say nothing they can do.

@Phineyj having DC at your own school brings many challenges, but being able to call in on the SENCO like that is one of the advantages.

What if they don't have space available atm? What would happen then?

@34weekmess 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 DS is incompatible. The bar is higher than many LAs admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”. Unless the LA can prove one of the exceptions in my pp they can, and must, name the school regardless of the school’s objections. However, LAs often refuse and force parents to appeal.

I know @SearchingForSolitude. She has already bagsied space in my classroom cupboard for her football and trainers.

And I only work 3 days so it wouldn't surprise me if DH ends up taxiing her on the others to get her in.

It's really not ideal but I felt I had no better option.

@ivygrace our LA had to use an independent OT as theirs is swamped.

EPs are harder to get but they could if they wanted.

@SearchingForSolitude
@Phineyj

Thank you for your advice.
Do you know the timescale they “should” legally adhere to once they agree to carry out an EHCNA?
Am I likely to speed it up if I make a complaint?
Are they likely to reply or am I looking at a long battle?

Currently composing an email to both the SEND Coordinator who told me they have agreed to assess and the Director of Children’s Services for my area.

Feel like it’s one fight after another.

A search directory for EPs etc on IPSEA according to the latest email I've seen this week.

A couple of key resources below for anyone looking for information on the EHCP process/SEND provision.

https://www.gov.uk/government/publications/send-code-of-practice-0-to-25

https://www.ipsea.org.uk/ehc-needs-assessments

Know what you mean about double periods and ADHD. Can you get a half time break scheduled in every block as a reasonable adjustment?