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 glad the academy chain replied without forcing you down the SAR route.

@RMNofTikTok fair ability banding isn’t about those in higher bands being ranked in higher admissions categories compared to lower bands. It is to ensure there is a proportionate spread of ability within the intake. A proportion of the places is allocated to each band then applicants within each band are ranked according to the admissions criteria.

When you get the draft, along with making representations, you will get the chance to name your preferred placement. You do not have to name more than one even if the LA says you do. Don’t wait to contact schools. Email now (might take longer with it being Easter). However, depending on the schools, some won’t let you visit/speak to the SENCO until you have the draft in hand.

The LA is likely to consult nearest MS. But if your preferred placement is a state MS, the LA must name your preferred school 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.
This doesn’t stop them sometimes refusing and naming a school that isn’t parental preference. This is less likely with MS than SS, but is more likely for a MS with lots of EHCP students already than a MS with few EHCP students. The LA may also try naming it as parental preference due to transport, but you can challenge that.

Thanks @SearchingForSolitude I thought I was being a bit extra looking now.

I've actually picked out 5 schools that I think are more suitable, 2 I would be exceptionally happy with, and the other 3 I would be happy with. However my top choice has already allocated 9 places to people with EHCPs, with a yearly intake of 210.

The local mainstream has 33% of all students achieving grade 5 in maths and English, and this drops to 13% for disadvantaged students, whereas the school which is my first preference has 61.5% of students getting 5+ for maths and English, and 34% for disadvantaged students.

It's also half way between both parents, D has a 50/50 shared care living arrangement meaning she'd have a 25 minute journey from both homes rather than 5 minutes from 1 and 55 minutes from the other.

@RMNofTikTok 9 out of 210 isn’t exceptionally high. The ratio isn’t the be all and end all, but there are certainly schools with a higher ratio.

The LA should name your preferred placement unless they can prove incompatibility, but you should look at other reasons why the school is suitable. Exam result statistics aren’t as strong an argument as other points. Neither is a 55 min journey from one parent unless you have evidence to prove DD can’t travel far (the maximum recommended travel time at secondary is normally considered 1hr15, although many travel further). You should also take into account there is no guarantee transport will be provided from both addresses - it can sometimes be possible to challenge this, but not always, it depends on the circumstances.

@SearchingForSolitude the reason why the travel time is important is because she makes herself vomit before school every day due to anxiety and has panic attacks the whole way to school. The transport is not important as both dad and I have flexible jobs and can both do school runs if need be. There are lots of other reasons too, much better pastoral support, more flexibility with school uniforms, higher TA provision, they actually have ELSA which would be of huge benefit, the local mainstream does not, etc etc

@RMNofTikTok if you don’t already have it, it would be a good idea to get evidence of DD’s inability to travel further. The transport issue wouldn’t just be anbout actual transport, it also applies if mileage is wanted instead. Plus you never know what the future holds, so it is worth considering now. If they are required, things like higher TA provision and ELSA should be in F so there are also stronger arguments than those too because then they must be provided. It is a high bar to refuse to name your preference, but that doesn’t stop LAs refusing and forcing an appeal, so if you can provide evidence for a strong case it may prevent the need to appeal.

@SearchingForSolitude it's in an assessment letter from CAMHS, D told CAMHS this directly whilst she was alone with them. I'm sure it's in her GP record too. And it will definitely be in TAC meeting minutes.

@RMNofTikTok it actually disadvantaged her in terms of admissions. The higher bands have shorter admissions distances. On the last two years of data she would only have got in if she'd scored band 3 or 4.

But no matter - I didn't much want to send her there anyway! The SEN/behaviour unit was empty on the tour date, which seemed rather suspicious...

I don't think you're being extra looking at schools in detail in advance at all. It's very sensible. Knowledge is power.

I will admit I have got a plan B list of schools we could revert to (either by asking them to name in EHCP should we get one, and a few privates I might be able to get a job at), should September go pear-shaped. Now that probably is a bit extra.

@Phineyj definitely not extra Ds dad works in IT at schools and I told him over a year ago to move jobs for that purpose 😂

He is far from the only one who's done that!

@Phineyj he didn't do it, his tardiness is one of the main reasons we separated! I'd have been all over that in year 4 hahaha!

Evening All

Specialist data protection question, fingers on buzzers:

When responding to a SAR should the LA disclose panel submissions and notes, and contributions and assessment from school etc?

Minutes from panels (if they actually exist) may be redacted in parts if more than one child or young person’s case was discussed but any data relating to DC should still be disclosed. You are mid appeal, aren’t you? Is the LA trying to use the LPP line? If so, it is very unlikely to apply despite what the LA is saying and the LA knows this.

Did you submit a SAR to school? Their contributions and assessments should be in there. It is useful to submit SARs to school(s) and LA so you can cross check them.

Thanks @SearchingForSolitude - a large amount of data appears to be missing. I'd been trying to spare school the hassle....

And no - no excuses offered.

@Cafetabac as well as complaining to the LA (and if that doesn’t work the ICO), you should submit a SAR to the school and any other schools you know consultations went out to. When you make the request(s) make it clear you want all data relating to DS including data where e.g. initials are used rather than name. One thing to note about ‘panels’, data from them may not exist because the panel may not exist or may not be more than one person anyway.

Hi everyone. Hope you all had a good Easter.

We got our refusal to assess letter today, which still felt rubbish even if I expected it. I've downloaded the IPSEA pack and am ready to get started reading what I need for the appeal but I had two questions now - I'm sure I'll have more later.

1. The LA asked nursery to hold an MAM, but they've refused before we've had a chance to do so (bank holidays, SENCO had leave), though it is scheduled within the 6 weeks following our request. The letter asking for the meeting made it sound like they expected evidence after it. I actually would have submitted more evidence as nursery have had to put in place even more support for my DS since I requested the EHCNA. Can I ask them why they've asked for a meeting that they now aren't going to consider evidence from?

1. One reason for refusal was that they believe my DS is making "adequate progress". I disagree with this - the gap in certain areas is widening between him and other children - but even so, is "adequate" enough?

@BusMumsHoliday

1. You can ask the LA. The answer is likely to be they will reconsider an EHCNA request following the MAM. (Some LAs call these Way Forward meetings if you want to google to read about them.) Don’t let that put you off appealing. LAs often use it as a way of fobbing parents off and discouraging appealing.
2. The gap widening suggests slower progress than expected. Do you have evidence? Have you submitted a SAR to nursery? Do you have evidence from other professionals e.g. SALT (not essential but can be helpful as evidence if you have it)?

@SearchingForSolitude

Thanks. We're definitely going to appeal.

R.e. evidence of a widening gap - nursery are having to increase support due to more challenging behaviour, he's spending more time out of the classroom, they've given him temporary 1:1. They wrote what I felt was a thorough and accurate report but the LA, I assume, have focussed on all the areas where he is meeting or exceeding expectations. He's academically advanced, but probably 12-18 months behind emotionally and socially, with big skill gaps. I'm hoping the full report of his ADOS will highlight those and suggest therapies - we're still waiting on this.

I was wondering about an SAR but I don't want to annoy nursery who are on our side and giving all the support they can. Could I instead just ask for a detailed and quantified report of e.g. staff time and costs spent on managing DS?

@BusMumsHoliday you can just ask for a report. If you do want to do a SAR you could explain to the nursery why you are doing it and that it is not about them but just a way to gather evidence for the Tribunal. Being academically able isn’t a barrier to an EHCNA or EHCP. They are about more than academic ability. The LA know that, they are trying it on.

Morning All, another question for you wise people: please may I compare notes on what your plans contain in terms of specifying the skills and qualifications of 1-2-1 support? I am hearing mixed things on case law as to the extent quals and skills can be specified? (Eg. AET level 2 or 3 or equivalent).

I am also wondering if you have any practical experiences of specified qualifications acting as a potential barrier to support being put in place (eg. school unable to recruit at that level)?

@Cafetabac qualifications, training and experience can all be detailed, and specified. But to what extent will depend on the individual DC’s needs and the evidence. (It is also a bit of a lottery depending on the judge, unfortunately.)

SEP should be based on what is reasonably required, not what the school can provide.

It need not be a barrier. Funding or recruitment is often cited as a reason why provision detailed, specified and quantified in F can’t be provided, but parents should look at enforcement action. LAs can fund the provision at a higher rate to attract the right candidate. In every case I have been involved in, with the right funding, sometimes substantially more (e.g. 1 case was funding at the level of the teaching MPS), and effort (LAs often only start taking parents seriously when they see parents know the law and will advocate and enforce DC’s rights) an appropriate appointment can and has been made. Sometimes it can be an appointment where the person is trained up specifically for that child rather than already having everything necessary.

Thanks for both bits of recent advice @SearchingForSolitude.

Pragmatically, if you were only looking at AET 2, and this was the sticking point between attending a hearing or settling in advance of one, would you hold out?

@Cafetabac it is a difficult one. I don’t think there is one right answer that suits everyone.

AET 2 isn’t a huge amount of training. If that is the only outstanding issue, depending on the wording (e.g. it doesn’t just say ‘adult’, which could be anyone including e.g. a parent volunteer or cleaner - nothing against either but the example well), it could be best to settle and try to tighten up at the next AR.

On the other hand, without it, unless you have other training/qualifications/experiences in F, the school could provide an 18y/o apprentice with absolutely no experience of working with children, let alone working with pupils with SEN. And if the hearing is relatively soon, it could be best to hold tight if you have evidence AET2 is needed. You have already done the hard, long wait.

If the evidence in support of your case is strong enough, it might be worth considering asking for a paper hearing. You may get some brownie points for freeing up a hearing slot for someone else.

Thanks @Zyq. That has attractions as there is high quality evidence from indy reports.