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!

<Sounds thread klaxon>

Well done @Sleeplessi and @RMNofTikTok .

Are we on a roll?

Well I sure hope so cos we have our tribunal on 2nd April. It's in my Easter holidays so I've invited a school friend over to play with DD while I....anxiously pace? Finally tidy my home office which is almost bad enough to get me on 'Sort Your Life Out'?!

www.theotpractice.co.uk/how-we-help/ot-practice-kids @MinnieTruck this may be helpful?

Break a leg!

98.2% of parents win at SENDIST in EHCP appeals so the odds are always in our favour 😁

@RMNofTikTok those waiting so long for EPs need to threaten JR, then follow through with a PAP letter and, if necessary, JR proceedings themselves. If the LA cannot assess in-house within the statutory timescales, they should commission independent assessments rather than shrug their shoulders and say nothing more they can do (yes, there’s pressure on independent EPs too, but money talks and it is possible). In your case, the EHNCA has already been undertaken, so the LA won’t seek another EP assessment.

Even when you get the EHCP it doesn’t stop. My DS1&3 have had EHCPs for many years, yet I have had 2 hearings within the last year following DS1’s AR in 2022 and DS3’s in 2023.

Please could you give a rough idea of costs for a PAP letter and JR proceedings?

@Ponche it depends. For PAP letters, if you are eligible for legal aid that can cover it. For some matters SOSSEN is free, for other things they charge £145. What others charge varies from £5/600 ish upwards to a couple of thousand. For most things, JR proceedings themselves are in the child’s name therefore they can be eligible for legal aid themselves. For those things where JR is in the parents name, if they aren’t eligible for legal aid the costs vary depending on the case and could be very large.

Thank you, I will check SOSSEN out just in case. Had a meeting with nursery this week and a lady from the LA was there and said if my DD gets an EHCP, it probably won’t be until this time next year as they’re so overloaded.

@Ponche if you need it, definitely look at SOSSEN. Breach of the EHCP timescales is included in their PAP Project.

@Ponche I have a list of suitable lawyers who do legal aid if you need it. Probably supplied by @SearchingForSolitude!

@Phineyj please could you share that with me? Thanks!

I just had another question- I asked the LA lady if they’d obtain advice/input from an OT and she said no, just EP and SLT. Is this correct? My child has sensory processing difficulties, so surely OT input would be required?

She’s having a sensory assessment soon with a private OT, but from what I’ve been reading, parents are able to make reasonable requests in terms of who the LA should seek advice/information from.

I was also told things like 1 hour of weekly speech therapy by an SLT would not be included in the EHCP - instead nursery/school staff would do intensive interaction etc.

Which made me think, what would be in a potential EHCP that isn’t already in her lesser plans, such as My Support Plan, Independent Support Plan?!

It’s only been 3 weeks since I made the EHCNA request and this visit by the LA was just to observe DD in setting and offer strategies for support as the SENCO reached out for advice. Then I joined and asked some EHCP related questions.

@SearchingForSolitude I totally agree re PAP! My own time line went:

Ask for ehcna
Rejected
Apply to tribunal
LA Conceded
Threatened JR as ehcna not completed on time
Sent PAP
Allocated EP
Threatened JR 2 weeks after EP assessment
Sent PAP
EHCP refused
Applied to tribunal
Complaint made to school re not implementing "ordinary available provision
Sent PAP to academy trust
LA conceded and agreed to issue EHCP

I will threaten them with JR again as soon as it breaches 5 weeks from the consent order being made.

And then of course move on to contents appeal when they inevitably dont comply with the LA again!

I just had another question- I asked the LA lady if they’d obtain advice/input from an OT and she said no, just EP and SLT. Is this correct? My child has sensory processing difficulties, so surely OT input would be required?

Under SEN reg 6(1) during the EHCNA the LA must seek information and advice from:
a) the child’s parent or the young person;
b) educational advice (usually from the head teacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

H can include an OT assessment. However, if you are getting an independent assessment soon if you, the LA and the report writer agree it is sufficient that can/should be used and will be far more detailed, specified and quantified. Often parents find LAs claim recent independent reports are not sufficient and seek their own woolier report.

I was also told things like 1 hour of weekly speech therapy by an SLT would not be included in the EHCP - instead nursery/school staff would do intensive interaction etc.

Anything reasonably required should be detailed, specified and quantified in the EHCP. SALT should be in F and weekly direct therapy can be included. You may have to appeal though.

Which made me think, what would be in a potential EHCP that isn’t already in her lesser plans, such as My Support Plan, Independent Support Plan?!

You may have to appeal but a watertight EHCP can provider far greater support than school level SEN support. An EHCP can legally guarantee specific provision.

@Ponche we had OT as part of the ECHNA, however, SENDIST had specifically said it must be included because of what the ASD assessment report said. Also by the time the LA actually found one, I'd already panicked and paid for a private one (although that was sensory so was quite useful in retrospect).

@SearchingForSolitude thank you very much, I have made a note of all your point for when/if the time comes that I need to challenge certain things.

@Phineyj thanks, our ASD assessment isn’t till June/July but hopefully the private OT report will be sufficient, especially as I’ve paid a little bit extra for it to include specific EHCP recommendations.

@RMNofTikTok goodness, that sounds so awful. I’m glad you made it out alive, can’t imagine how scary that must have been. I hope you’ll be okay long term!

@Phineyj ooo thank you for that, that looks really helpful. I’m going to have a thorough look tomorrow morning

Morning All

Anyone know anything about the timing of annual reviews and the interaction with appeals?

Am being pressed to do an appeal around three months prior to the anniversary of issue and a couple of weeks before a needs and contents appeal hearing. Is this sensible?

To add the LA are non-compliant as the school says it is not have staff to deliver many elements of the plan. The appeal is in part about dedicated resources to deliver the provision.

Am being pressed to do an appeal around three months prior to the anniversary of issue and a couple of weeks before a needs and contents appeal hearing.

Do you mean you are being pressed to do an AR?

The AR process runs alongside the appeal process. The LA must hold an AR at least annually but can also hold early reviews. The outcome of the AR can feed into the WD. If an early review is held I would push for it to be held at least 4 weeks before the appeal hearing, so that you have the AN if the LA intend to amend.

Thanks - this is not an early review, They just want to schedule the annual review meeting a long time in advance of the anniversary (I am wondering if someone wants it done before the appeal hearing for some reason?)? Or maybe they are just eager beavers?

If it is less than 12 months from issue it is an early review.

It's blue chicks versus yellow chicks. Orange chicks were in goal but are bored and flew up to spectate instead.

...and back to EHCP...

www.specialneedsjungle.com/ehc-needs-assessments-2023-asking-snj-foi-data-not-parents/?fbclid=IwAR1Idwva3geO9xZgSQ_UG3Iz2f-6oDK4LmGM0KVEG3_MS4okPsDFZxur1IU this is quite interesting. An analysis of who's asking for EHCPs.

I have recently received an email from the LAs solicitor, setting out their position. Basically, they are going to argue that his current provider (nursery) are able to cope as they are and as such, have said he doesn’t need an EHCP.

They have now written to his nursery, who are responding saying that they cannot meet needs without an EHCP (I didn’t ask them to write this response, they said that he needs one all along, the LA seemingly ignored it initially!) I am hoping that this evidence is very helpful.

Seperately, I have additional evidence to send to the tribunal, when I do this, do I have to add another “reasons for my appeal” document explaining its relevance, etc.

What kind of appeal is it, @Coatsy?