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 am expecting OT to be written into my DD's EHCP when the LA finally shift themselves to send me the draft. She will be going to a school in a neighbouring LA (we already have the place through the general admissions system). How would they go about providing the OT - would the LA need to commission it through the charity that they have a contract with in and then send that person out to her school? Or would they commission OT from the NHS trust that covers the LA where the school is?

And in the meantime what if I book some OT privately through the OT charity that the council have the contract with? I am getting fed up of waiting for her to get OT. Both the 'council' service and the private one we saw said she really needs it, plus SENDIST commented on it in both their judgements, and I thought I may as well see if she can get a few months of it before starting secondary. Especially given the 18 months time lag that has been created by them forcing us to tribunal twice.

She's a massive sensory seeker and in times of anxiety clings on to me to get sensory feedback. I really don't want to be spending break and lunch this way for the autumn term (I teach at the school).

Any advice?

@Phineyj there isn’t one simple answer. When is there! Even within an LA, provision can be funded in different ways. The provision could be provided either way you mention or another way. It will also depend on the wording if you are looking at sensory OT because many ICBs don’t have OTs with the higher sensory OT qualifications. Unless stated otherwise, it may not take place at school (it may do, but it may not).

Just so you are aware, the school named in section I will override the place already offered via the normal admissions procedure. The LA can only refuse to name your preferred placement in a limited number of exceptions, but there is the chance the LA will name another placement.

@SearchingForSolitude oh dear, there's always something new to worry about, isn't there 😞?

What would I do if they name a different school, appeal again? Withdraw from the EHCP?

I suppose on the plus side I have a copy of a "SEN sufficiency" document they published online a while back that shows clearly that they already "export" about a quarter of their SEN children...

And would she be able to attend the already allocated school while I appealed?

@Phineyj it is never ending. Yes, you could appeal if the LA doesn’t name your preferred school. It is less likely the LA will refuse because you want a MS, but it does happen. The finalised EHCP, and placement in it, is the one in force until the conclusion of the appeal and the is EHCP amended after the order.

What is stunning in all of this, is how marginal the experiences of the child are.

Playing cynical games to manage budgetary pressures, even though this strands children without the support they need for years, has become utterly normalised.

@Phineyj my son has OT so smart in his EHCP. No wiggle room what so ever. However in one yr guess how many sessions he had - 2 🤬 just found out in one yr. he should have had 35 sessions. They said OT would be from the LA but as it was sensory then a private person brought in as LA couldn't accommodate him / no one could attend the school and then the LA refused to pay (as they declared not enough money 🤣) so had to complain. Oh well. Yes I could of done JR but it just highlights all this fighting get everything right and then it still doesn't happen 😤

Question - if your child has EBSA as unable to be flexible with the school timetable (named independent so 45 hrs a week including multiple foreign languages - Latin / Spanish / French etc) can they do an annual review (4 months earlier than needed) and say can't meet the need as he hasn't been in school for 3 months? He's mentally unwell at the moment - probably burnout. Suppose the fact he hadn't been in school says they can't meet his need but he still wants to attend the school 😭 joys of pda - it will break his heart to say he can't go back there 😭

Im sure adult people in paid employment are protected better?

Thank you x

@Unfortunatelyagain the LA can agree to an early review during which the school can say they can’t meet DS’s needs. As a wholly independent school the school can give notice too.

I have a video call with the LA 's EP tomorrow to try to sort out the woolly provisions in our plans. A bit awkward as this EP wrote one of them and it's awful. Any advice for ways to get her to agree to make changes? I've gone through and cited evidence wherever I think changes are needed. But there are a lot. I'm guessing we'll end up appealing the final plan but any advice or positive vibes would be appreciated. I'm very stressed out about it.

Keep reminding the EP her report must be detailed, specified and quantified.

Advice welcome on the following scenario:

AR scheduled for mid April (since Dec). LA caseworker pulls out at 11th hour (emails school on Fri evening - meeting was Mon). School initially say they will go ahead but then the head says no, not without LA present - as we are on way to tribunal. We are annoyed as had booked SALT and taken day off work.

New meeting scheduled mid May. Today we note (from opening Teams appt) that a whole bunch of new people have been invited to come - representing the LA including tribunals person, plus others who will argue against the professional advice (independent OT/SALT) we have obtained as LA has been ignoring consultant level NHS SALT x 2 for over a year now.

Can we refuse to go ahead - or say we want a legal adviser there?

Think they are trying to quiz us/the professionals ahead of tribunal and see what they can gain.

They are certainly not all coming from the goodness of their hearts are they?

Advice welcome on the following scenario:

AR scheduled for mid April (since Dec). LA caseworker pulls out at 11th hour (emails school on Fri evening - meeting was Mon). School initially say they will go ahead but then the head says no, not without LA present - as we are on way to tribunal. We are annoyed as had booked SALT and taken day off work.

New meeting scheduled mid May. Today we note (from opening Teams appt) that a whole bunch of new people have been invited to come - representing the LA including tribunals person, plus others who will argue against professional advice (independent OT/SALT) we have obtained as LA ignoring consultant level NHS SALT x 2 .

@Alltheyearround it isn’t uncommon for those you mention to come when you are in appeal. DS1’s AR last year was not long before a B, F and extended appeal and the LA attended with a barrister and their witnesses. You can’t prevent the AR taking place, but if you want representation you can. I would be making sure they follow the correct procedure around obtaining and circulating information and advice beforehand. The outcome of the AR can feed into the WD.

Hi everyone. Thought I’d see if I can find some fellow sufferers of the EHCP process here.

My story: DS has an EHCP and is in Y6 at an independent all-through specialist. Should make for an easy secondary transition, right? Nope. LA have refused to name it due to cost (fees have gone up a lot). LA have also failed to name anywhere else as the school they consulted with (resource base in mainstream) said “are you having a laugh?” They are now consulting with some equally unsuitable schools and have told me his EHCP will specify maintained specialist, although they’ve failed to send me an updated version confirming that.

I’ve submitted an appeal, sections B, F and I because I’m not confident enough that B & F are good enough if I just did I. Although I’m freaking out that our tribunal date will be so late he’s going to have no school place come September and I should have risked it.

I hold out hope that the latest consultations will result in a no too and the LA will give in. I’m so angry about the whole thing, I get that budgets are stretched and if they’d named a different school I might have just gritted my teeth and given it a go. But they’ve got nothing and time is marching on.

Good afternoon all,
Our of interest those who appear b f and I recently. How long after submitting appeal did you hear back with date and also when you submit your appeal to tribunal at what point to the LA receive your reasons to appeal information? Thank you

Submitted 21 March. Heard back 2 April. Hearing date 8 July (transfer year). Says on letter that our LA received notification at the same time.

Welcome @UnendingSaga I'm sure someone will be along with something a bit more helpful. Just wanted to send a fellow sufferer hug. DD is transferring too (primary) and we were given an early date.

Thanks @Valkyriee. My appeal only went in last week, which is late given we got the news in February. But initially we thought it was going to be resolved at panel so held off a couple of weeks. Then it took a month to get my mediation phonecall. And then I optimistically thought maybe we'd try mediation and the LA took nearly the full time they had to eventually offer a mediation date in September, which was pretty insulting.

So I feel very behind now, especially as the tribunal said their about 10 days behind even opening emails!

Hi all the lovely CasadeCoca suggested I post this in here.
Received the pretty devastating news that DS (10) EHCP was rejected today.
This after a string of cock ups- firstly, his school sitting on his application for half a year as it was forgotten. Then our local authority taking nearly a year from application to hear this decision.
Huge delay with giving us an assessment, then this was only done virtually so the EP never actually met DS.
Then after my following up in emails- a string of confusing emails being told one person was his caseworker, said person then replying to me and colleagues saying he hadn't been handling DS case at all (3 months post assessment) and then some more rushed emails saying he now was his caseworker, then actually another woman taking over. The rushed to panel last week and heard today.
Will definitely be appealing.
Can anyone with any experience tell me if you found a SEN/EHCP Consultant or solicitor in the appeal process useful and do you have any recommendations? This has all dragged on for so long. Looks like DS (3) is also Autistic, I have no energy, time, patience to now fight this case myself and take it to tribunal. I will 100% need some expert support. My parents have said they will try to help with costs. Just any advice on where to turn for this would be hugely appreciated. Thankyou.

@UnendingSaga I would ask the LA how do they intend to deliver the provision in F come September. The most recent phase transfer hearing dates received by people I am supporting are in July so don’t panic yet.

@246810k once your appeal is registered the LA will be sent copies of your appeal information. Registration is taking 2-3 weeks ish. Sometimes longer.

Welcome @mollyminniemo. Under another name I have replied to you on your thread.

Hello, joining the thread as just at the very start of the process. Son's nursery submitted an EHCNA request just over a week ago, he's suspected autistic and has significant language delays. We live in Lancashire, which I've been warned is terrible with the EHCP process but their own specialist teaching service wrote that "he needs more support than is usually available to schools without one" in their last report, so i m keeping my fingers crossed at least agreeing to assess him will be simple.

Hi @mollyminniemo sorry to hear your tale of woe :(

A friend recommended Talking SENse for support. There's a price list on their website.

@SearchingForSolitude thanks for the reply. effectively we have 2 weeks to line up someone legal to be in the meeting - and everyone in the SEND legal field is of course pretty busy. I feel that school and the LA have not been transparent and above board i.e not letting us know directly who is attending. It's very odd that they cancelled the first meeting then brought in big guns for the rearranged one.

The phys impairment person from LA hasn't submitted any report (not seen DS for 2 years), can I stipulate to school that any outside agencies/visiting professionals must have consent from us in writing before seeing DS at school?

Can we just ask for it to be adjourned if written reports are not circulated? Or if we need more time to line up legal representation?

I don't want the meeting to prejudice anything for the tribunal and I think this is the aim of the LA strategy tbh.

Various sources of advice (SEND advocate org and other SEND parents) have viewed this new move as highly suspicious:

'' If the LA wish to arrange a case meeting they need to arrange through the tribunal services. You can write back to the LA stating you are seeking legal advice (explaining why) and copy in the tribunal. The tribunal will not be happy with the LA using the Annual Review to have a case meeting. ''

We have an LA who are notable at a national level for their aggression towards SEND families, so I don't take anything they do lightly. They are never seeking agreement, they are 100% not on the side of the child in any dealings I have had with them over the last 6 years. They time waste incessantly. They gaslight and shift blame. They take no accountability. They ruthlessly seek to discredit our views, and those of independent therapists. I know this is par for the course but I can never underestimate any move they make. It is like some kind of devilish 3 D chess.

I just wish I didn't have to play. It sucks my energy, time, money. I do it for DS but honestly it feels like such a waste of my life here on earth.

@Unfortunatelyagain same with us. We asked for them to document each session in a diary so we can see if any are missed. 3 years into secondary and provision has been very poor in Y 7, OK in Y8 ( but still missed and goes to pot when TA is needed to support exams in May/June), then Y9 we find out they are pulling a very dyslexic DS from most of his literacy classes to go to motor skills sessions with TA because that was the only time she was available.

They go on and on and on about access to a balanced curriculum but the EHCP provisions surely supersede this duty for him to access all the curriculum areas?
Because his identified needs require provision! Whole point of EHCP?

If the head asks one more time in a meeting/AR why we can't just do speech/motor skills at home I may not be accountable for my actions.

After I say 'because case law says we shouldn't be asked to' between gritted teeth.