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!

@IvyGrace you can see the timescales here. If the LA is going to issue, they must finalise within 20 weeks and in order to do so should issue a draft by week 14. If the LA is not going to issue, they must inform you by week 16. Anyone asked for advice and information should respond within 6 weeks.

The normal complaints process timeline will be too slow, but yes, email the LA. If you are ignored (any there is a chance you will be) or the LA shrug their shoulders and say nothing they can do (which there is also a chance of), make it known if they go on to breach the statutory timescales you will be forced to pursue judicial review proceedings. Then, if they do breach the timescales post back here and you will be advised of the next steps.

See if you can find your own EP and send them the quote?

At the very least you will then have an EP's details if you need to get an independent report later.

Hi @Phineyj - I have PM'd you.

Hi @Cafetabac. I use the app mostly and it doesn't support pm but I'll have a look on the computer tomorrow.

@SearchingForSolitude

Thank you so much. They have only just decided to assess this week. Will I need to wait another 6 weeks before I can suggest taking it further with judicial review proceedings?

@Phineyj

Great idea, I’m going to look into this! Thank you

Do you have a link to this list please? I can’t find it on the IPSEA website. Many thanks

@IvyGrace you won’t be able to pursue JR proceedings at this point but you can make it known you will if they breach the statutory timescales. Letting the LA know you know what should happen and will enforce DC’s rights if necessary sends a message that you won’t let them do what they like.

The IPSEA page the pp mentioned is here.

@SearchingForSolitude

Thanks again, so glad I found this thread!

@IvyGrace you're welcome. I didn't know about that list of EPs. Damn! I found one by asking other parents of a PDA Facebook group I'm on. However, the only one I could find with availability was expensive. She was lovely though and gave me half an hour's free advice anyway

Then by coincidence my neighbour started to have worries about her son re SEN and either because she is an NHS consultant or because she is an excellent networker, quickly managed to dig up two retired EPs locally who do private work (they were actually employed by our useless LA before retirement).

So I think that based on my experience, the experienced EPs are out there, you can find them by word of mouth but they do not want to work directly with LAs.

And who can blame them?!

Hi everyone, I’ve just requested an EHCNA this week with nursery’s support. DD is 3 and starting school in September 2025. She’s non-verbal and awaiting an ASD assessment.

Welcome @Ponche.

@Phineyj

The list is very useful! Do you mind me asking if you also needed an EP as part of an EHCNA for your dc? If so did the EP agree to work with the LA? Also did the LA fund this or did you pay yourself?
Many thanks

@Ponche I hope the LA agree to assess.

@Phineyj a recommendation is best anyway, I think. Not all EP assessments and reports are equal. This becomes even more relevant if you have a less straight forward case e.g. PDA or are going after EOTAS.

@IvyGrace the ECHNA has to include advice from an EP. So we had an assessment from the LA EP (I had done quite a lot of polite and firm hassling them at that stage - sending IPSEA template letters so that they knew I was aware of what the legal timelines are, etc, ringing them up each week to check they'd allocated us to an EP - you know, squeaky wheel gets the grease style). I thought the EP assessment report was ok. Not fantastic (for one thing I reckon he only spent about an hour with her, one visit to school) but I could recognise the child he was talking about and it did confirm that she was working two years behind average, which was very useful info as she's extremely bright (top 3% her teachers say) so that has been helpful evidence that there's SEN, because, otherwise, why is this?

The reason I'm after a private EP report now is that I want a lot more detail including some cognitive tests to be done, so I that myself can support her transition to secondary, because to be honest I've completely lost faith that the LA will do anything helpful in that regard. But as she's going to be attending my school, I reckon having more information on how her brain works will surely help me and DH behind the scenes (and you never know...maybe I will get insight into how DH's brain works too?!) Also the LA EP report will be a year old in June so even if I do 'win' the tribunal and they issue, the chances are they won't be able to get new EP advice in time for anyone at school to do anything useful with it for September.

The school she's going to is in a different LA so they surely haven't much incentive to do anything more than a brief update to their report.

@Phineyj Yes as the EHCNA must involve an assessment from an EP, and our LA have a 6 month wait, this is where I’m going to have to remind them of the lawful timeframe.
If it goes as far as JR proceedings and then they suddenly find an EP, this is where it baffles me. Would they actually prioritise a case over others that have waited the same time possibly longer because the child’s parent/carer is far more aware of the legal timescales and has hassled them so much they have no choice?
The system is so wrong. Does knowledge actually have power?

I understand why you are acquiring a private EP assessment, hope you didn’t mind me asking. Yes it will be incredibly useful when transitioning to your daughter’s new school, and also for your own understanding. Have you managed to secure an upcoming appointment with a private EP?

Would they actually prioritise a case over others that have waited the same time possibly longer because the child’s parent/carer is far more aware of the legal timescales and has hassled them so much they have no choice?

@IvyGrace Yes! This is exactly what happens. DC whose parents know the system, can advocate for them and will enforce their rights get better support. It shouldn’t be like that, fails the most vulnerable, but isn’t going to change in the foreseeable future.

I was lucky and got a recommendation word of mouth from a retired EP with capacity.

And yes LAs do absolutely bugger all unless you hassle them in the correct form of words. And sometimes not even then.

We live in a very stupid and unfair society but it is what it is right now.

@SearchingForSolitude what an absolute disgrace the system is!

@Phineyj sorry you had already said you used a retired EP. And yes it’s such a corrupt unfair system.

Hi everyone, I'm feeling very stressed out today about DS's Y7 transition.

He got a place at a school that is looks very good but I have a lot of reservations about it. There's another school, a bit further away (MS academy) that I would much prefer for him and I'm thinking about possibly appealing to see if we can get him in there. I didn't put it first because there was no way we'd get in from where we live (their catchment is 0.5 miles and we're 1.5 miles away) but I understand that you can appeal for any school you applied for.

I would argue that we have more information now about DS's needs (his recent ASD and ADHD diagnoses, and a private EP report) and we have reevaluated which setting would be best for him.

Is it worth a try? We'd need to appeal by 15 April.

The LA should tell us around that same time if they're going to issue a Plan. If they refuse, then we'd appeal of course, but could we also have a secondary transfer appeal in progress? That would be decided in May, so would probably come through before the EHCP appeal.

I just want to be sure that a secondary transfer appeal wouldn't jeopardise our chance of eventually naming the school on an EHCP if the transfer appeal failed. (I think the issuing of an EHCP would qualify as a change in circumstances, so we could appeal if they refuse to be named - is that right?)

Also, I want to reach out to the school where he has been given a place and let the SENCo know what his learning profile looks like. I want to see how they respond and whether they seem willing to engage with us, but I also don't want to come across as super bossy and demanding and make them feel defensive, plus I know they're very busy and overworked.... Any advice on how to proceed there would be gratefully received. I'm just so exhausted with all of this today.

Thank you, as always. And sorry I can never write a short message.

Hi @SpaceInvader321 sorry you're stressing.

Regarding transition, contact the SENCO but I suggest you also ask to speak to the Head of year 7 as he or she would presumably have an idea of what transition looks like and what arrangements they made for DC with SEN last year.

When you get the EHCP I understand you can name the school they've already got a place at (we're in the same position).

I reckon the secondary appeal process is way more streamlined than the EHCP process so it may not clash at all.

@SpaceInvader321 it’s worth appealing.

I just want to be sure that a secondary transfer appeal wouldn't jeopardise our chance of eventually naming the school on an EHCP if the transfer appeal failed.

The EHCP process and normal admissions process are separate. An appeal via the normal admissions route won’t have any bearing on naming (or not!) a placement in an EHCP.

(I think the issuing of an EHCP would qualify as a change in circumstances, so we could appeal if they refuse to be named - is that right?)

The appeals process for EHCPs is completely separate and not via the normal appeals process. It is via SENDIST instead. So, the normal appeals code rule of one appeal for each academic year for the same school unless there has been a significant and material change doesn’t apply.

I would request a meeting with the SENCO and the head of Y7 at the offered school. That isn’t overstepping or being bossy.

Thanks, @Phineyj and @SearchingForSolitude. I was pretty sure the two appeal processes were separate, so it's good to have that confirmed. I'll start working on the appeal this week.

Will also copy HoY into correspondence with the SENCo and see what they say.

Really appreciate this thread and all the generous sharing of knowledge.

I'm so happy I could cry! SENDIST have relisted my refusal to issue tribunal for 17th June! Based on it being unfair and unjust that she is so anxious she's making herself sick every morning!

I know I might still have a battle on my hands but 3 months is better than 9!!!!!

Congratulations.