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!

@SearchingForSolitude I will thank you. Yes appealing B, F, & I. Reports were done for her EHCNA last August so we've had to book in re assessments with them all. Our LA completely ignored the last ones (and used their telephone only assessments instead 🫤) Having them done early did give nursery a kick up the butt though. DD was completely flying under the radar before and struggling massively at home after. She now has full time 1:1 and a lot of sensory breaks. Although not specified in her EHCP 🙄 nursery still provide it.

@Ilovethewild glad to see some steps in the right direction and you have a good La ep. Ours seemed almost scared to say the wrong thing and just repeated our telephone discussion in their 2 page report, without offering any real opinion.

@Valkyriee if DD’s needs haven’t changed, you could ask if any of the professionals will add an addendum to their report rather than full reassessments. Not all will, but for those that agree to it is cheaper.

@Ilovethewild if DC can’t attend school the LA has a statutory duty to ensure they still receive a suitable, full-time education. IPSEA has a model letter you can use to request provision. If the LA refuses, delays or ignores you post back here for advice on the next step.

I contacted the secondary school DS will be starting in September and the deputy SENCo and HOY have offered to meet in a couple of weeks, so that's positive. However, I'm also working on a secondary transfer appeal in the hope that we can get him into the school we prefer ahead of any decision on whether the LA will issue an EHCP.

The school we're appealing for responds to EHCP consultations with a very long letter about how they can't take another child due to incompatibility with the education of others and limitation of resources. I'm guessing they'll have a similar prejudice statement at any normal secondary transfer appeal. I'm not sure how to argue around them. I'm also not super clear on how EHCP funding works? Does anyone know of a good, clear resource?

@SpaceInvader321 for the appeal via the normal admissions procedure, it is a prejudice appeal, so you need to show the prejudice to DS of not being admitted outweighs the prejudice to the school in having to admit an extra pupil. Look at what SEN provision they offer, what wider pastoral support they provide, extra-curricular clubs. Think about why you think it can meet DS’s needs better. If you have evidence from a professional saying in their opinion DS needs to attend x school because… (rather than ‘mum says…’) that would be good evidence.

For the EHCP, the bar to prove incompatibility is higher than many LAs and schools admit. If the LA can’t meet the high threshold, because the school isn’t wholly independent, the LA can and must name the school despite the school’s objections. Sadly, many refuse anyway and force parents to appeal where the LA needs to provide specific reasoning and evidence rather than just stating admitting DS is incompatible. EHCPs can be fully funded, but LAs won’t do that unless forced.

Hope everyone is well.

I submitted our EHCNA request Monday and the LA have responded requiring that nursery convene a multi-agency meeting with us and involved professionals, after which evidence supporting the request should be collated and sent to the LA. My issue is that I've already sent copies of reports from every professional who has seen my DS to the LA with the request as a bundle, cross referencing all my statements about his SEN to particular reports. So what do we do at this meeting? Can I just say, "we've sent you all the evidence"? (ETA - all reports less than 12 months old, as specified by the LA)

Hmm, I don't know what you should do (hopefully someone else will) buy sounds like a delaying tactic to me! And they still have six weeks to respond whatever they want to faff about doing it the meantime...

As I find myself saying to my students, it's their own time they're wasting!

but sorry for typo

they still have six weeks to respond whatever they want to faff about doing it the meantime...

^This.

But, an MDT meeting can be helpful to get everyone together to discuss DC. Sometimes it can help for professionals involved to be able to see the whole picture rather than just their little area. So, personally, I would agree to it. Not because of the EHCNA request, but because MDT meetings are usually helpful for DC with additional needs. Both my DC with EHCPs have termly MDTs and they are helpful.

@SearchingForSolitude thanks, this is helpful to know. I don't object to the meeting in principle - in fact, I think it might be useful because he performs well in assessments and is much less regulated and needs more support in nursery. I was just a bit confused about the lack of acknowledgement of the evidence I'd submitted.

Who should they be inviting? He's under NHS SLT and OT (though no ongoing therapy from either); we've consulted a psychologist and psychiatrist privately. Health visitor?

Hello everyone. Thank you @Phineyj for leading me here. I have just begun my EHCP journey for my nearly 4 year old. I also have a 9 year old struggling in school with suspected ADHD. My LA has agreed to assess my son for EHCP. And he is on the Autism pathway. His nursery has been fantastic. I am wary of what the LA will include in his EHCP. My son has a paed app coming up in April which I believe is related to the EHCP and his Autism assessment. He has major routine/transition/sensory sensitivities and language delay…What kind of provisions have you been asking for? I now know that section F (dealing with provisions) is imperative to scrutinise….For my 9 year, she is currently seeing a play therapist. We will have a meeting before/after Easter at which point I will ask her to make an ERSA….I am generally more concerned for my son and his transition to reception. Another major hurdle is school runs - son in one school, 9 year old in another, toddler in nursery. The mainstream school I have chosen has a nursery…will his 9 year old and toddler sibling be a priorty for admissions?….I am so anxious about everything…unlikely to be a smooth journey.

@BusMumsHoliday I would ensure any professional involved with DS is invited. They may not be able to all attend, but it is helpful if they are invited and as many as possible can attend. Although if you want the private professionals to attend you will need fund that so you may decide they won’t add anything extra.

What kind of provisions have you been asking for?

It isn’t as simple as this. Provision in EHCPs is taken from the reports rather than what parents ask for. What is included depends on the child’s needs. For example, some require full-time 1:1, others don’t. Some need 1:1 at break and lunchtime, others don’t. Some require SALT/OT/physio, others don’t. Some require MH therapies, others don’t.

Re school runs, you can look at transport.

The mainstream school I have chosen has a nursery…will his 9 year old and toddler sibling be a priorty for admissions?

This will depend on the admissions criteria. Some schools have sibling criteria, some don’t. Some who do only apply it to younger siblings, not older. Their criteria should be online.

Does anyone know how learning disabilities are ‘diagnosed’? Does the LA’s educational psychologist diagnose LDs as part of the EHCNA process? Or is this something that happens in an autism assessment? DD is not under a paediatrician as our LA manages the ASD assessment via CAMHS.

@Ponche the process for LD diagnosis depends on the area you live in. Sometimes it is via paeds, sometimes a CAMHS team, sometimes a stand alone team. Sometimes they won’t formally diagnose until DC are older. Or give a GDD diagnosis to begin with.

Thank you so much!

Well on the plus side, the LA actually beat the statutory deadline. On the inevitable minus side they've refused to assess, citing the need for further Plan, Do Review cycles (which I know is not legal grounds for refusal).

So looks like we're appealing. Here we go.

Also- crafty- they didn't include the option for an appeal in the letter, only for IASS (who I guess do their mediation) 'to avoid the need for an appeal'. Ha.

@Macramepotholder sorry you have had a refusal to assess. You need to request the LA send you a proper decision letter. SENDIASS is not the mediation service. You will need a proper letter in order to appeal.

Yes I have the letter now, it was my rubbish interaction with the portal! Also found the details for the mediation body buried deep on their website so have asked for the certificate to be issued straight away.

I 100% expected a refusal to assess, it seems to be standard practice.

They've presumably shot themselves in the foot by saying 'We can see she has 2x formal diagnoses and may need support but we need more evidence of that' as those are exactly the legal tests...

@Macramepotholder the LA’s decision letter should have the contact details for the mediation service. The LA’s reasoning is unlawful, but when appealing make sure to address may need support to be made via an EHCP rather than just may need support.

Oh boo @Macramepotholder but as you say, it was hardly unexpected.

My LA sneakily changed from paper letter when they refused to assess, to pdf letter on the portal when they refused to issue, which held me up a few days before I realised!

We're the same LA I think @Phineyj

Anyway, have ordered the mediation certificate so that's ticked off.

I'd be really interested to know what people included in the second part of the appeal- we've got the 'may have SEN' bit covered but I am wondering if I need to add new evidence (test scores from school?) to the 'may need provision under an EHCP'. Just in a belt and braces way.

Have a look at this and this. As well as existing evidence you have, if you have new evidence then add that as well. If the test scores from school demonstrate what you are arguing about attainment or rate of progress then they can help. It depends on what other evidnece you have.

Oh, commiserations. They're like dealing with a giant rice pudding. Inert and kind of glutinous.

If you direct message me I'll send what I did at that stage (minus identifying info). I use the app so may not see a message till tomorrow, however, as people coming round for tea.

Hello again,

For those who have 1:1 Speech and Language therapy included in their EHCP, how many hours have been allocated? I have been told that my son will be allocated 10-12 hours annually….sounds very low? But she said this is the highest the LA usually does. She also went on about being underfunded, unable to help all children with SEN etc. Forewarned me that if my son went to mainstream, he would be on a waiting list for months for the S&L therapy…I will make sure the wording on the EHCP will indicate that the hours are all direct contact my son has with S&L….apparently if you are not careful, they could use the hours to include indirect work e.g S&L writing up report/paperwork, coordinating etc…..the depth of deception they use is utterly mind boggling…

@DDDN both mine have 1hr direct therapy a week, one for 48 weeks pa, one for 39 weeks pa. Then extra time for things like planning, sending a summary after the session, termly summary reports and MDTs, prep for the AR including updated report, the AR meeting itself, training…

But it depends on individual needs. Provision in EHCPs is taken from the evidence. What does the report state? What the LA typically provides is irrelevant (even if it was true).

Forewarned me that if my son went to mainstream, he would be on a waiting list for months for the S&L therapy

If a child in MS had SALT detailed, specified and quantified in F, it must be provided. They do not have to sit on waiting lists.