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 Thanks for the reply.

The telephone conversation with the LA caseworker, a long time ago now last August, but they definitely said to me the EHCP is ‘not being maintained’. As far as I’m aware a new, amended EHCP is being issued & the EHCP is not being ceased, though I’ve never had anything in writing…

So the Annual Review as said was in June, DS however has since left his MS high school (with an ASD unit) after a ‘final straw’ incident shortly afterwards in July to go to an SEMH school of the LA’s choosing at the beginning of this academic year, so if they were ceasing the EHCP under those circumstances I’d be amazed & pretty sure they wouldn’t have a leg to stand on.

Clearly they are taking their time with it though looking at those IPSEA guidelines!

@MummyPop00 the caseworker was clearly confused. Send IPSEA’s model letter to the Director of Children’s Services. Whatever the outcome you need the LA to follow the correct process so you get the right of appeal in case you need it.

LA have come back this morning with an unusually prompt and apologetic message saying their system was down and they'll have to check with their colleagues in admissions (e.g. that I did make an on-time application).

Honestly.

Why wouldn't you say, 'Our system isn't working right now so we can't check but do confirm that you've applied for a school place."?! Instead of causing me hideous panic at the bus stop.

Nice lady at secondary admissions unit confirmed we do have a valid application, phew.

I knew more about the EHCP system than her, surprise. Not.

@Phineyj how frustrating... but sadly not surprising!

Our local parent carer forum published the results of a survey on parental experiences of EHCPNA and EHCPs yesterday. I would like to say it makes shocking reading, but really it is not surprising for those of us with experience of the system. The bits that jumped out at me included "only 5 responses mentioned a positive experience of SENAT" - out of 543 responses...... and 32% waited over 41 weeks for EHCP to be issued 😮

https://www.wspcf.org.uk/ehcna-ehcp-survey-results/

We have decided to make a parental request for EHCP - have been debating for a while in the knowledge that school have not yet tried everything - but things are deteriorating and with only 4 terms to go until GCSEs, the pace of provision change is too slow to make any difference....

but reading the survey results fills me with dread that I will spend even more of my time as PA to my children!

@handmademitlove woah, they should hang their heads in shame.

Worse feedback than Thames Water and the Post Office but about vulnerable children.

Something small that really bothers me is the SEN people at my LA do not put names on any of their correspondence.

Rude.

Cowards.

Sadly this is the improved version - they were judged inadequate in 2019 but have improved enough to now be RI......

Maybe it's to justify referring to us as 'Mum' whenever they get the opportunity? Anything to lessen expectations that individuals and their specific needs and circumstances are at the centre of things.

Shocking figures @handmademitlove

@Phineyj there are parallels between the post office scandal and the SEN system, I think. The gaslighting, disregard for the law, injustice, incompetence (including strategic incompetence)…

I’m back from the previous thread under a name change.

Successful refusal to assess appeal and a successful refusal to issue appeal. After just 12 weeks of the recent win, we are going back to appeal for placement.

Final EHCP received today naming an unsuitable mainstream when we asked for a SN school. DD flopped out of mainstream in Yr7 and has not returned since. The authority has named a larger mainstream with a terrible rep for SEN support.

Needless to say we are furious. DD is desperate to go to a suitable school and now it looks like she’s going to have another year out.

LAs reasoning is that the SN school we wanted would not be suitable for DD as she is too intellectually able and the peer group is cognitively behind. The SN school we wanted caters to dyslexia and DD is diagnosed dyslexic amongst other things. It makes no sense. I was also told there were no places available.

I feel terrible for my DD and I feel sick at going back to a tribunal again. Why does it have to be so hard?

Definitely appeal and request an expedited hearing on the basis DD is out of school.

I was also told there were no places available.

Is the preferred school wholly independent? If not, on its own being ‘full’, which is not defined in law, is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DD is incompatible. Obviously there is a point where the LA can prove this but the bar is higher than many LAs admit. Are there any other potentially suitable SS within travelling distance?

This is such an important point. The irreparable damage to individuals, especially vulnerable children.

Do you think we could interest the production company?

I think the best thing to do would be to write to Private Eye. They investigated the Post Office and Thames Water years before anyone else. I'll make a note to email them later this week.

Sadly, I don’t think there is enough interest. The problem is a large part of the population don’t care enough about SEN, which is very shortsighted of them, so the media coverage is mostly limited to one-off articles, episodes, podcasts, etc. rather than gaining widespread traction like the post office scandal recently has.

But it took aaaages for the PO scandal to reach public consciousness.

And no-one's made a widely known programme about the infected blood scandal yet. None of my year 12 Economists were aware of it till I told them.

Hi everyone

Hi, we've just applied for an EhCNA.

We have a 9yr old recently diagnosed ASC with SPD presently in independent mainstream and they clearly don't want him.

Apparently we go to panel next week. I'm prepared for the rejection/ refusal to assess.

Do we then ask for mediation? Contact Sendist?

@UsernameFail if the LA refuse to assess, you (and should!) can appeal. The vast majority of appeals are upheld. Don’t bother actively partaking in mediation. LAs use mediation as a delaying tactic. If they are going to concede, they will do so regardless of whether you actively partake in mediation or just get the certificate and submit to SENDIST. Get the certificate (by calling the mediation company whose details with be in the letter you receive) and submit an appeal to SENDIST (using the SEND35a form).

Just get your medication certificate and apply to SENDIST. 98.2% of parents win their appeal. Even better if you can provide enough evidence for the appeal to be done on paper.

The legal test is:

1. is it possible that the child MAY have SEN (yes in your case)
2. that special education provision MAY be required.

You could very easily argue that it's not known what their needs are as no assessment has been carried out, therefore they may require SEP.

Good luck!

Hello!

The legal test is:

1. is it possible that the child MAY have SEN (yes in your case)
2. that special education provision MAY be required.

This isn’t quite accurate. The second part of the test is not just SEP may be required, but SEP may be required via an EHCP. The legal threshold set out in s.36(8) of the CAFA 2014 is a) has or may have special educational needs, and b) it may be necessary for special educational provision to be made in accordance with an EHCP.

Thanks @RMNofTikTok @SearchingForSolitude from what I've read on forums the LA will reject regardless.

We have submitted stating the legal test as our right to assess and have (according to our Paed) very good reports whatever that means.

So yes, fingers crossed.

I'm looking forward to following everyone else's journey to an EHCP ❤️

Yes I paraphrased, regardless, until the LA have completed a needs assessment they cannot say with certainty that an EHCP is not required.

I agree, it is often possible to argue the LA cannot fully know and understand needs without an EHCNA, but parents need to know accurate information in order to navigate the system rather than just part of the legal test.

I'm sure anyone with the technical ability to post on a forum could find that out through a quick google search. Sometimes the obvious doesn't need saying.