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!

I didn't to be honest. I just assumed it could given the short timescales. Can they ask for a later hearing too?

@Valkyriee the LA could try. If they do, I would strongly oppose it.

@SearchingForSolitude Thanks, thats good to know!

@Valkyriee I wouldn’t worry about it. Any such request is not likely to be agreed.

@Ponche thanks so much! That all makes so much sense. Fingers crossed all goes well with the OT appointment in May🤞🏾my DD is 2 (3 in May) and struggles with some sensory related things so it’d be good for OT to see her and see what they advise.

Wise words @Cafetabac. I’m not as deep into the process as a lot of you on this thread but I’m starting to see how much nonsense the LA will feed you. So obtaining it does not necessarily mean it will be ignored forever, you may just have to wait a very long time, and jump through several more time consuming administrative hoops, sigh!

@SearchingForSolitude good point in regards to SENDIST. At least I know all evidence will be taken into account by someone even if an appeal has to be made to do so. My only question is, if I have to go through the Legal Aid route to fund an independent OT report, what happens if DD can only be seen once the LA have already completed the assessment? I’m not sure if that makes sense but hopefully you get what I mean.

@Valkyriee thanks so much for all of the info! It’s great that you’re able to go back to the same people for a more updated report. It’s also interesting to see how much it costs for certain reports although I’m sure it also depends where you are in the country. Good luck with the appeal🤞🏾

@MinnieTruck If you are appealing and get independent assessments during the appeal process (via legal aid or otherwise) it doesn’t matter they weren’t available during the EHCNA.

@SearchingForSolitude got ya, thank you😆

Good morning

I wondered if it was worthwhile me getting independent EP assessment? I have just had the second draft come through from the LA caseworker who intends to finalise but I don't don't agree with it.

I have had independent ot and independent salt report. The case worker advised they will not consider any advice given by salt as there was an NHS assessment which they are using instead. They have not commissioned an ot so they have agreed to use some of their recommendations. They basically cherry picked it and omitted anything which suggested Sen school. Ie the ot said daughter needs full time 1:1 or Sen school the la said they cannot include 1:1 as the EP did not recommend it. The EP report was shocking so now I'm wondering can they do this? Should I agree to finalise and then take further to tribunal.

I am also currently on stage 2 complaint I should have had a response yesterday but did not

Good morning all 👋🏼
I'm new here and looking for support as one confused mum 😂
I've just had draft EHCP through for DS4 and I wondered if anyone's child has SEN in all 4 areas? I didn't realise mine did so it's come as a bit of a shock. I know he has needs otherwise we wouldn't have applied for an EHCP but the EP report suggests more than I think nursery and I realised.

@LanaKiwi7 my daughter also hits all 4 areas. School said she is one of most complex needs children they have ever had. Preschool/nursery were not good at identifying either

@Mummytodo yes, push the LA to finalise then appeal (they don’t need you agreement to finalise). Whether you need an independent EP assessment depends on the evidence you already have.

@LanaKiwi7 when properly assessed, most DC will have at least some needs in all areas.

You're right, but try insisting on an assessment and that is what you will get quoted back at you. The ombudsman won't uphold complaints about it for that reason.

Really this needs to go back to professional bodies. If they would make it clear that it is professionally improper to provide a report on a child you have never worked with without carrying out a full assessment, it would resolve this problem immediately.

The whole system stinks!

It has almost completely lost sight of the basics: giving children a better educational experience. That gets lost in all the legalese and acronyms.

As with many other areas of infrastructure, I often wonder if there are other countries doing better we could learn from.

@SearchingForSolitude I have a private salt report and ados2 from salt which the LA are refusing to accept and I also have a private ot report with sensory needs assessment that's it.

@Zyq - 100% with you on the sorry state of some sections of the EP profession, and the lack of upholding of professional standards, by professional bodies. 'Assessing' a child with complex needs that you haven't met, by cutting and pasting the low cost elements of other people's reports, refusing to consult other psychologists involved with the child who have a much better knowledge, refusing to correct factual accuracy or engage in complaints, being used as a cynical rebuttal service undermining more highly qualified and skilled fellow EP practitioners who have carried out strictly objective assessments, allowing themselves to be used as a rationing mechanism, rather than to discharge their responsibilities towards individual children, treating the LA rather than the child as the 'client'....

That should have read factual inaccuracies

I know some people are still receiving ethical and professional support from LA EPs, but standards elsewhere appear to have collapsed, led from the top of services. When the whole systems stinks, I am loathe to make complaints about individuals stuck in the system under great pressure, but when those individuals head-up EP services and are still ignoring basic professional standards (like seeking informed consent or being prepared to respond to complaints) or the law (ignoring requests to correct inaccurate personal data or make reasonable adjustments) then at some point you do have to find a mechanism to protect your child from what it is hard not to start to conclude may be cynical misrepresentations designed to reduce corporate liability for provision.

Sorry @Mummytodo, I meant the strength of the evidence you have vs what you are appealing for, rather than just the professionals you have reports from. For example, if you are appealing for 1:1, do you have evidence detailing, specifying and quantifying 1:1? If you have strong evidence what you are appealing for is required you may decide you don’t need any more evidence. But it is isn’t explicit in any way then you will need further evidence. EP evidence 1:1 is required isn’t always needed if you have strong other evidence it is. It depends on how the OT report is worded and how they have concluded their professional opinion. If you appeal and can afford an EP assessment it will probably help when you look at the EHCP as a whole even in situations where it isn’t absolutely essential. SENDIST will consider independent reports, so don’t worry about that.

It really is a rotten system that needs a complete national overhaul. LAs have too long continued with the way they work it would be difficult for them to just undo what they've always done. It's just the norm. Especially when the majority of individuals behave a certain way, the rest follow. We personally have witnessed departmental bullying of school SENCOs from our LA.. Our EP and SLT advice for DDs EHCP were both written by people who had never met her or assessed her. Madness.

We have strongly considered moving for this very reason.

@SearchingForSolitude thank you, daughter has 1:1 now all day long so it's absurd not to include, I will review everything that I have. When I did a SAR I found further evidence that the school provided. They simply can't support even with 1:1 she already has. She is currently attending a mainstream but has additional send facility

@Cafetabac the ep also did not get informed consent from me and did a poor remote assessment. The EHCP draft I have is factually incorrect and I have already gone back to them but they are still finalising with incorrect details. Ie it says daughter has a brother. She doesn't have a brother.

I am on a stage 2 complaint for, missing timelines, EP not gaining informed consent, la not seeking ot despite evidence of the requirement and I have requested a refund for this. I was due to get a response to the complaint yesterday which was already delayed by one week. I intend to go to LGO

Hi all currently trying to navigate the EHCP plan shit storm.
My DS3 has his assessment Thursday via teams is that normal for them to not actually physically come out and just watch him over a computer?
after the assessment I have to jump on the teams call what happens what will they ask?
FYI DS has GDD and is delayed by 2 years in speech and fine motor skills he's had a possible stroke and has muscle weakness down onesie. (waiting for MRI confirmation)
am I right in thinking after the assessment I will find out if their accepting him or not and if they do a draft plan will be issued where I can name a specific school?

Thank you

@Jaffacakesrlife is it the ed psych assessment? Unfortunately, it isn’t unusual for EP assessment to be virtual. IMO, in person assessments are preferable, but LAs are sometimes using virtual assessments.

It can be helpful to make some notes beforehand. Think about a timeline of events/previous assessments/diagnoses etc. Also, developmental history, strengths/difficulties, likes/dislikes, aspirations, what provision is already in place, what has previously been tried, what worked/didn’t work, what is needed but unable to be delivered, what you think DS needs. At the end of the conversation, finish by asking them to ensure the report is detailed, specified and quantified and to send you a copy of the report once it is written.

Are SALT, OT and physio assessments also arranged?

If the LA is not going to issue, they must inform you by week 16. If they are going to issue, they must finalise by week 20 and, in order to do so, they should issue a draft by week 14. If/when you get the draft, you can state your preferred placement.

@SearchingForSolitude that is useful info for me as well thank you. I will have to get my records out and make lists (yes it's cliché but I do love a good list).

So to get this straight in my head...there will be an EP assessment arranged as part of the needs assessment? They won't just solely rely on asking people in organisations for reports that DD hasn't had contact with? If so I think I can stop panicking that it's all a total waste of time. With the SALT report as well and info from myself and DD they should get a good picture of DD's needs.