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!

@Ponche the LA must consider all evidence. That doesn’t mean they will actually take the provision from it though, but SENDIST will consider both. Assessments aren’t automatically favoured by SENDIST purely because they observe in nursery. It really depends on the situations, the reports and to an extent the report writer. Some aspects of assessments can’t be repeated within set timescales, but whichever professional assessment comes second will be able to work around that and use other methods. If you have existing evidence that you, the LA and report writer agree is sufficient the LA must not seek new evidence.

The LA may say why are you unhappy, but don’t let that put you off. LAs say a lot of things. If it’s not about that it will be another ridiculous comment. It doesn’t really matter whether you complain now or when you have the independent OT report. If you want an LA assessment you should complain sooner rather than later so there is time to organise it.

Can I join in? I’ve got a 6 year old, just had annual review and I just need to know I’m not alone.

Draft back from the LA was laughable (changed the end date of unachievable targets and the tense of the assessments). We had support from a charity advocacy to write the response. Caseworker at LA just ignores me other than telling me I need to provide them costings of the named school in the response (non section 41) up until he’s 18. The only maintained school that has space has a published age of 5+ but is now only enrolling from 8+.

I’m so alone, no help, SENCO at school is useless, kept talking about schools he’s not old enough for and how he’s an “unsustainable drain on resources” I said I’m not sure what I’m supposed to do. Everywhere is full or some reason he can’t go. I don’t know what to do and need help, I can’t magic up a school place. She suggested a school in the next town which is secondary and then went I pointed it out to her said oh well.

Then she asked about forest school tomorrow as the only way he’s allowed to go is if I go to support him and I said I can’t I don’t have childcare for child 2 which is another thing I can’t magic up without help and walked out in tears.

it’s been an exceptionally bad week but I can’t stop crying and feel like I’m being smothered. I drove home in tears. I just don’t know where to turn or what to do. And absolutely no one is helping me, despite it being their job. Even the people for whom it’s in their interest to get it sorted like school.

Edit: Sorry, that was really long and not really asking for advice but just words pouring out in a rant/cry. Sorry all.

@SearchingForSolitude thanks a lot, I think I will wait to complain as by then I will have more things to add to my list of complaints. It will be week 12 by the time I have the independent report so I should know if they want to issue or not.

It's been two weeks since they agreed to carry out a needs assessment and they haven't contacted me for any other info yet.

Hi @Lostatsea10, sorry I don’t have much advice but didn’t want to read and run. Sorry things are so hard for you at the moment, you’re dealing with a lot so it’s okay to rant. I have a younger DC too so understand the struggle re childcare as I usually struggle with both alone on non-nursery days when out and about.

It’s frustrating that the professionals around you are not being helpful. I’ve been trying to get help for my DD for over two years and it’s like banging my head against a brick wall.

Everywhere is full or some reason he can’t go.

@Lostatsea10 are there any non-wholly independent schools that are suitable but you have been told are ‘full’? If so, you can still request them (and appeal if not named) because being full is not enough of a reason to refuse admission. The LA has to prove the school is so full admitting DS is incompatible with the provision of efficient education for others or the efficient use of resources. What are the other reasons DS can’t attend? Have you considered EOTAS?

Then she asked about forest school tomorrow as the only way he’s allowed to go is if I go to support him

Who is saying you must attend? Is the forest school in the EHCP?

Hi @MinnieTruck, just wondering if you’ve heard back from the LA regarding your OT request?

Sorry, I wasn’t clear. Forest School is a 6 week block of sessions that all of year 1 get. The school won’t take DS unless I go with him and support him but don’t have childcare for DS2. Today it was just the question that pushed me over the edge. Bad week.

@Lostatsea10 gosh that's one rude, burned out SENCO!

So the school where your son currently has a place is pressurising you to find a different school and in the meantime excluding him from some activities unless you support.

I'd be tempted to turn up with the 2 year old...

Please don't despair. It does take a long time often to get the right support. You have done well to get an EHCP in the first place.

@Lostatsea10 complain. The school should not be requesting you attend. Remind them of the Equality Act.

Oh sorry I misread child no. 2 as 2 year old! Still I guess they're below school age?

It is not OK for them to exclude him from a planned school activity because of SEN or to require thar you go. What does he do at those times?

Grrr.

Actually you’re right DS2 is also aged 2.

He will stay at school in the SRP as he doesn’t (genuinely can’t) manage the mainstream class.

I just feel so helpless. Most weeks/days I can put a brave face on but this one has kicked my arse a bit.

@Lostatsea10 So sorry to hear what a difficult time you're having. It's such a gruelling process to go through and even harder on you're own. But you're definitely not alone.

Have I heck! I’ve heard sod all from those bastards. Sorry for the language but I really can’t stand these people. I’m planning to send an email tomorrow to chase it up and ask for a response but I have a feeling I’ll continue to be ignored.

I need to go back to IPSEA and see what the next steps are if the LA do ignore me and don’t request an OT assessment. How’s everything going with you? I haven’t read through all the comments yet!

@SearchingForSolitude The case worker said she'd be happy to consult 5 or 6 schools, so I wasn't sure if that's what's normally done.

We have two schools (MS academies) that we definitely want to consult: one we have a place at for y7, the other is slightly farther away and super oversubscribed.

There's another school that isn't considered as good if you look at the.gov stats, but it's meant to have a nice SEN team. So we're considering consulting that one as well but think we're unlikely to want to name it on the plan at this point. (We're thinking it might be a backup if DS struggles in the academy setting.)

Is there any potential disadvantage of consulting a school we're unlikely to name? Could the LA then name it on the plan even if we decide against it, and instead of naming the school
we've already accepted a place at for y7?

Can the school we've already accepted a place at for y7 say they can't meet his needs when they're consulted and refuse to take him? (I don't think they can but just want to be sure!) Thank you!

@SpaceInvader321 thr LA must name your preferred school (wholly independent schools excepted) 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.

The school could object when consulted but unless the LA can prove the above they can and must name your preferred placement. The bar to prove the above is higher than many schools and LAs like to admit, but the LA could refuse to name your preferred placement, name a school you don’t want and force you to appeal. The school named in the EHCP overrides the place offered via the normal admissions, so yes the LA could refuse to name the school already offered and force you to appeal. I wouldn’t ask the LA to consult with schools you don’t want, especially if they are closer.

Ah I've just had to read back on the thread to find this. What if I haven't specifically requested anyone but all the responses are coming back "can't give advice as child not known to this service" or as in other cases "has been discharged" or "did not agree to participate" (that last one was Compass Go when they wanted to take her out of lessons during GCSE run up)? Absolutely nobody who has answered yet has given one single iota of advice!

@QuickFetchTheCoffee email the LA reminding them not known to the service is not a lawful reply. Neither is not providing advice and information because DD has been discharged. It applies even if you haven’t specifically requested advice because the SEN regs cover anyone the LA deem it appropriate to approach.

Unfortunately, the nature of the EHCNA means assessments may well be during school time. It is for the greater good. Did Compass Go offer more than one appointment time? If not, email requesting another appointment. If they did and DD doesn’t want an assessment, there’s not much they can do if DD won’t (as opposed to can’t) participate. You/DD need to be careful about not attending appointments/assessments because one of the lawful exceptions to the timescales for professionals to reply within 6 weeks of the request for advice and information is where it is impractical to respond on time because DC fail to keep an appointment (SEN reg 8(1)(c)).

@SearchingForSolitude they didn't offer an appointment for an assessment, nobody has! Compass Go offered DD either group sessions or one-to-one counselling (they said there would be a wait) during her GCSE year early 2023, DD said she would only do the sessions if they were during one of her free periods because she desperately wanted to learn the last bits for her GCSEs. So apparently they discharged her. We have had no offer for any assessments or consultations since the Needs Assessment started either. While at college she has plenty of time for these sessions or assessments as she's only in for three days a week but nobody gives a flying F*. Sorry I think I'm coming across as a bit aggressive, it's not you it's me!! Trying to compose an email to LA right now but I expect it to be ignored.

@QuickFetchTheCoffee apologies, I read your post as they had offered an appointment recently but DD didn’t want to attend. In which case, request the LA seeks advice and information from them again. Being discharged last year doesn’t stop new advice and information being sought.

Thanks @SearchingForSolitude more to add in I guess.

Does anyone have any experience on how long it takes to issue a draft when the decision to issue a draft was overturned at mediation?

Mediation was on 20th March and the EP rewrote her report on 9th April - senco and EP have said the draft will be with us soon (LA hasn’t responded to any emails). I know we’ve had the Easter break but it’s been a month.

Meanwhile DS hasn’t been in school since Jan and we’ve been told we need the draft and the 15 days consultation to be able to argue for AP - s.19 apparently doesn’t apply as there’s soon going to be an AV1 robot in school and the LA are providing a suitable full time education that way- that’s another story as I know school collected it on 22nd March but they need training before it can be used. Meanwhile DS is isolated at home doing worksheets for 20mins per day

Really feel that they’re trying to run down the clock on primary so we can re-start the battle in Sept after there’s been time for secondary to fail.

@Sleeplessi if the robot isn’t suitable it does not discharge the LA’s duty. Neither does it discharge their duty because it isn’t now and they need to ensure DS receives provision now. Email the LA back.

Unless you agreed different timescales, the timescales in reg 44 SEN Regs 2014 apply, so the LA must issue a draft with 5 weeks and finalise within 11 weeks of the agreement.

Thank you so much! Maybe they’re still within the 5 weeks then - my definition of “very soon” meant days rather than weeks :-)

We have no idea if the robot is suitable yet as it hasn’t been used - I assume it’s been in a cupboard for the past month! Everything is just so incredibly slow which is what is making me so cynical about them trying to run down the clock so that my son isn’t there problem any more

ill get back into the LA - have been told to communicate via the EHC coordinator who has a 5 day SLA response time…

Draft plans were due today (week 10 from Tribunal order) and ... nothing. 🙁

Hi all, sorry I've been absent, I've been bouncing in and out of hospital with SVT!

My draft is allegedly arriving by next Friday. However the errors with the ehcna still have not been addressed. I'm concerned that if the draft is produced on the ehcna my 11yo will not get any support getting into school, transitioning between classrooms and support at lunch time (which she will need) as the EP made no provision for this.

What is the best way for me to address this? Do I have to let the draft fail then appeal again? 😢