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!

@Cafetabac another thought about your SAR, if the panel actually exists, there still may not be any minutes. It isn’t unknown for LAs not to record minutes, only the outcome. It allows them to get round disclosing information.

The LA has very thoughtfully placed a detailed process (and information) flow on the internet (for SENDCOs). 😀

SENDIST have ordered the LA to issue!

P.S. @Cafetabac props for fantastic use of the Internet.

Congratulations, @Phineyj!

Hurrah @Phineyj.

That’s great news, well done @Phineyj

@Phineyj Are you getting a t-shirt printed that reads 'about * time' like the McCartney's?

Fabulous news! <sounds thread klaxon long and hard>

That's certainly tempting. We live close to the civic centre!

Congratulations @Phineyj!

Good morning,

I have name changed as someone did guess me 😬 although can probably still work it out 🤣
Im wondering whether anyone can help me as I don't quite understand a few things. It was independent mainstream but ebsa due to lack of flexibility.

Anyways reassessment of needs. I do not want to spend a small fortune like previously on independent reports.
1, How can I get a clinical psych and psychiatrist into an EHCP without paying out of an independent first ££££ to gain the evidence that it needs to be included in an EHCP as I think those 2 professionals would be more important than any one. Can I specify who I'd like too?

1. I've already got salt and ot in there from the previous tribunal which was a couple of yrs ago - will they naturally let me keep the 1 hr a week or will that be a fight and they will want to drop it. As once again those cost £4k for professional people / reports I don't want to repeat them as they are "out of date reports"

1. How can you ensure a personal budget via direct payments - I think I could work it better as maths is my thing 👍 then I'd have more control and less chat with the LA.

Thank you x

@Unfortunatelyagain You can request the LA seeks advice and information from a clinical psych &/or psychiatrist during the reassessment of needs. You can ask they seek advice from specific people, but the LA doesn’t have to. However, you will probably still have to appeal and seek independent assessments in order to get provision detailed, specified and quantified in the EHCP. There is no way round that.

There’s no guarantee the LA will include SALT and OT following the reassessment of needs. You may find they undertake new assessments if the current reports are a couple of years old with the aim of watering down or removing provision. Ultimately, you may have to appeal. If you do have to appeal and can’t afford independent assessments, Parents in Need can sometimes help.

What are you wanting the PB for? Just to warn you, DPs do not guarantee less contact with the LA. Even once the discussion around setting up the DPs is over, some find they have to constantly chase to actually receive payments. Then there are the occasions where e.g. X wants paying up front for the term and the LA releases funds to you monthly so you have to go back to the LA or Z puts their prices up or the times the LA undertakes an audit and on and on…

Might the SALT and OT currently working with your child be prepared to provide reports supporting the need for therapies to continue?

On Zyq’s point, Unfortunarelyagain does DC have provision for reports from professionals prior to AR? If not, it is worth trying to see if you can get this included. It won’t be a full comprehensive assessment each year but sufficient to show provision is still reasonably required.

Thank you for your message. You're an amazing person giving lots of people valuable knowledge so I really appreciate it.

The reason why I don't want to deal with the LA s they are absolutely highly incompetent people to put it nicely. I thought if I got a "cash lump sum" and all I had to do is prove receipts then that might easier in the long run rather than always having a fight about xyz.
They are beyond useless and proved by the LGO in my favour.

However you have to go round and round in circles drains you and then has an impact on family life / mental health of yourself not sleeping etc as I get so frustrated by LA.

Thank you

I've asked the salt lady she said she would do one. However nothing has been given yet despite the fact he should have had salt and OT for the last 4 months and received nothing. Yes I should have done a JR but sometimes it's easier to float on - not sure what has happened with all the funding etc or maybe another child received it but eh ho life goes on ..... gaining the energy again to complain 👍 or try my best for my child 💪

Thank you x

You are welcome.

I thought if I got a "cash lump sum" and all I had to do is prove receipts then that might easier in the long run rather than always having a fight about xyz.

This is not how many DPs work. They can involve just as much, and sometimes more, incompetence and bureaucracy. Many don’t have a cash lump sum in the way you are imagining. Some receive monies weekly, half-termly or termly and then it is after a lot of chasing each week/term etc. Some have more regular meetings. Then the issues like providers wanting to be paid in advance or putting prices up or having higher providers for those being funded by the LA than for DC funded privately (to account for the increased bureaucracy providers often face when working with LA funded DC). Many have more contact with the LA than ‘just’ providing receipts. I don’t say this to put you off but to let you know DPs aren’t the easy option some people think they will be.

Congratulations, great news!

Just found out the LA have agreed to assess, so fingers crossed.

Our private SLT will do a report for me but it’ll be the first one she’s done for an EHCP as a private therapist so was just after some advice.

What does a good independent SALT report look like (in terms of categories of things mentioned)? Should it recommend a type of school - e.g. special or mainstream?

I’m assuming it needs to give clear, specific, quantified recommendations in terms of speech/language/communication provisions required?

She will be visiting DD at nursery to observe/gather information, as well as a couple of home visits.

Just want the report to be as strong as possible.

@Ponche good news.

I would suggest the SALT starts by reading the SENCOP and the guidance from the RCSLT.

The main things are all needs need to be included, provision for each of those needs must be detailed, specified and quantified, and outcomes. She should write the report based on what DS reasonably requires rather than what is available locally or what she can provide. Similar for settings, they should include the features of the setting the SALT believes is required in their professional opinion rather than fit the report to what is available locally. Although if you have a preferred setting in mind it is a good idea to mention it and why it is your preferred option.

I have just received an auto email from the LA'S portal to say that they need to issue the EHCP by March.

Of last year.

Oh thank you LA.

Honestly! You couldn't make it up.

DC1 and DC2's EHCNA cases were meant to go to panel last Thursday, but I've just found out neither did bc the LA's EP reports had not been received.

For DC2, this is untrue as the LA sent me a copy two weeks ago, well before the panel date.

For DC1, the LA's EP had been given a deadline of 8 April even though the panel was scheduled for the 4th and they only sent the report yesterday.

We also submitted private EP reports for both children.

Deadline to issue a draft plan is next Fri, 19th.

The LA said both cases will go to panel this week and the case worker will get the decision next Tuesday, which gives them only two days to draft two plans as they're going on annual leave on the 19th.

I'm expecting they'll refuse to issue to buy themselves more time, though the evidence, especially for DC2 needing a plan is very strong.

I requested a copy of the panel pack and sent a letter based on the IPSEA one a couple of weeks ago, saying I was concerned they would not meet the statutory deadline but got no reply and no panel pack.

Thoughts?

My thoughts are that us lot are considerably better at admin than councils. And that you need the patience of a saint.

I don't see what else you can realistically do at this stage other than keep chasing and reminding them of the deadlines. What did you think of the council EP report you did receive - was it any good? Did it concur with the private one in most regards? I've just commissioned a private one myself and he (the EP) was kind of horrified that the council EP didn't do any testing at all on my daughter when he saw her in school.

Two days is obviously not long enough to draft something decent especially x 2.

Have you had any contact with your MP at all? Just thinking that as the issue is rising up the news agenda and it's an election year, could be worth making sure they are aware.

I'm not knowledgeable about judicial review but maybe other posters know if that could be applied here.

@SpaceInvader321 complain about the lying, but if the draft isn’t due until the 19th you can’t enforce anything. I think you and @Phineyj are overestimating the amount of time LAs spend drafting EHCPs. 2 days is enough time. The majority of EHCP drafts LAs issue are poor in at least one way, but more time wouldn’t solve that issue. Depending on the LA, you may find there is an outline to put to the panel (if it even exists) deciding to issue or not.

I think you and @Phineyj are overestimating the amount of time LAs spend drafting EHCPs.

Ha! Our naivety shows! I've heard lots of complaints about cutting and pasting errors, draft plans completely failing to reflect the actual child they're written about, etc. I've got m y highlighters and editing skills ready. But I really do expect them to refuse to issue.

Depending on the LA, you may find there is an outline to put to the panel (if it even exists) deciding to issue or not.

Do you mean the panel may not exist? 😑

My thoughts are that us lot are considerably better at admin than councils.

@Phineyj I feel like this is true with every entity we've had to work with (LA, schools, OTs, etc). It's so exhausting.

It's true, it could be drafted in a morning no problem.

I drafted one myself after the assessments so I had something to compare theirs to. I used the Ipsea checklist and just went through each section.

I was assuming that they'd have a bunch of other work to do though!