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!

@SearchingForSolitude Yes, you guessed correctly - I did mean outcomes, just couldn't think of the right word.

@Alltheyearround I think you are mid appeal, yes? If so, although you can’t appeal E, you can request consequential amendments. If that is something that you think is required.

@SearchingForSolitude Interesting chat with school head teacher. Despite EHCP clearly having 1:1 provision, he is now saying school can't meet needs (3 years after school were consulted and said yes they could).

'We are set up/structured to do small group interventions not 1:1' But hey we can meet some needs some of the time - how's that?

A big fat no from me! He could not give me a reason for why they had accepted DS when clearly his needs exceed what they can offer with the staff and funding they have (I'm fairly sure the LA 'encouraged' school to say yes can meet need).

Why could they not be honest and transparent 3 years ago and we could have all avoided this provision not met merry go round, the least fun ride of the fairground that is SEND rights. Well, OK, one of the least fun.

Am going to suggest the wording on functional literacy to the Tribunal officer working on the working document. We have AR next week so can also raise it there. Its not too much to ask for is it, that a child with dyslexia leave school with a reading age of 9 or above?

It feels like the basic minimum they could do for any child - basic literacy skills.

He will sit level 2/3 Entry level Maths/Eng exams.

I can feel a tribunal for section (I) coming on. Have contacted an EP to look at doing an assessment between now and next Summer. Last one was 2019 so pretty old but still some valid points on literacy (which again, school are doing bits of but not all - no daily paired reading or precision teaching of sight words).

I feel like his childhood is escaping us while we fight for his rights to a suitable education. Part of me wants to vote with my feet and home ed, but realistically this would be tricky juggling work for me and DH.

So the head said in a nutshell we have to decide whether to accept some provision is not going to be made but local school and there are some good things going for it e.g. lots of teachers are great. We have transport from the LA.
We could complain to LA provision not made but they are soooo unbothered, they have him in a reasonably cheap placement and to coin a well known phrase 'frankly, my dear.. they couldn't give a damn. '

Upheaval of changing school in Y11 (though specialist 40 mins away also does post 16). Transport may be another battle. And no idea what happens with transport post 16. I don't think the LA have duty to provide? 40 mins x 4 a day for us to transport not really do able with working so would mean we would have to move. DH business is locally based so another factor.

Oh my aching brain.

@Alltheyearround even if you decide to pursue a different placement that is going to take time, so I would enforce the provision detailed, specified and quantified in F. I would speak to the LA, threaten JR if it continues, then look at a pre-action letter if necessary.

Hello, we're at the very start of the EHCP process, LA has acknowledged the application on the 2nd. I'm just wondering if we wanted them to consult a professional our DS hasn't been seen by, would that be something to try to do once they agree to assess?

Long story short, DS is 3.5, has SEN in all 4 areas but is only under the paediatrician awaiting an ASD diagnosis and SLT, our local NHS doesn't allow referrals to OT for sensory integration specifically. However, I'm wondering if they agree to assess, can we request the LA have him assessed by OT as apart from their own specialist teaching service, the sensory part of his needs hasn't been assessed, and I think we need to have a sensory diet/ regulation activities listed as part of his provision.

Hi all!

Just had my meeting with the LA about the draft, it was almost like mediation. It actually went very well! They agreed to most of the changes I requested, and are going to quantify everything as they should have done in the beginning.

They're still working towards 16th May for a final - I'm not correcting them 😁

@1995SENNDMUM if the LA agree to assess they must seek advice and information from:
a) the child’s parent or the young person;
b) educational advice (usually from the head teacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

H can include OT and SALT.

@RMNofTikTok that is good news.

Brilliant, I couldn't see them declining SALT advice just wasn't sure how much we could push for a service he wasn't under.

@1995SENNDMUM it isn’t lawful to refuse just because DS isn’t already under them, and not known to the service isn’t an acceptable (or lawful!) response.

Thanks @SearchingForSolitude DH has set up a meeting with a SEND advocacy organisation we have been working with. Will have a chat with them and see what their view is. Ideally we would keep him in current placement but oblige them to ensure provision of F to the letter.

OT is really specific so no issues there. EP more woolly as was LA EP report, but will look and see what could be enforced.

JR and Pre action letter would need to be via a Solicitor I am guessing? We have done well not having engaged one during the last 7 years but we are running out of options. I said to the head we didn't spend vast amounts of time and money getting a specified EHCP to have it ignored - provision picked and chosen.

I think he hoped that we would make realpolitik decision - i.e. well, we'll just keep this school, they do a half decent job even if provision is missing.

I wonder how many parents settle on that basis. I can understand, its bloody exhausting. But I've got this far and I don't feel like quitting (not today at least).

@Alltheyearround SOSSEN can help with a pre-action letter for failure to provide SEP in F, but their wait is long at the moment, so you may want to look elsewhere.

Do you know how "long" roughly?

I applied for one 3 weeks ago and contacted them yesterday and they said they don't know how long the wait will be / whether they will take on your case as it's the volunteers writing them. Plus they say don't go back under the complaints process from the council so just waiting I suppose 🤣 if not I'll just write it off as 💩 service from the LA again 😡

Thank you

@Alltheyearround I see yesterday you asked about transport, sorry I missed that bit. I wouldn’t worry about transport now. The rules for post 16 are different to those for CSA pupils and transport can be charged for, but their policy must still be reasonable - lots of LA transport policies are questionable. when you get to that point if transport is refused there are people who can help you challenge the decision. The rules change again for post 19.

@Unfortunatelyagain there’s no one set length of time, it varies, but you are looking at at least 3 months, maybe several weeks longer.

@RMNofTikTok that’s great news for you and I’m so hopeful ours will be the same

Our draft is dreadful but the LA suggested another co-production meeting between primary, current allocated secondary, EP and us to make suggestions to tighten it up. The faffing in trying to organise this meeting is unbelievable and it’s going to be mid June now. This is after the decision to issue was overturned at mediation mid March. So essentially the primary won’t be able to implement anything before he leaves as still who knows when it’ll be finalised and we’ll go from him not attending school at all since Jan to transitioning to secondary in Sept. And we have to hope secondary are still able to meet needs and give him a place.

Slowly losing the will to live and if it wasn’t about my child deserving an education, would have given up by now

I’m getting increasingly fed up, our LA is so incompetent. My emails are being ignored and I waste time on the phone going round in circles and getting nowhere.

Is it too early for me to email the DCS and threaten JR if the deadline for decision to issue is not going to be met? The deadline is 17th May/22nd May. Not sure if I need to wait for the actual deadline to pass before mentioning JR.

Technically, they haven’t missed any deadlines yet as week 12 (since I sent the EHCNA) isn’t until 22nd May. Week 6 since the LA agreed to carry out a needs assessment is 17th May. So I’m also not sure which date to use as the deadline for decision to issue? The LA say it’s 17th May.

But they definitely won’t meet either deadline as the EP assessment won’t be until end of June at the earliest.

Today is 9th May and the only information the LA have received is what has been sent by me/nursery. No other service has got back to them.

If all deadlines were adhered to, DD would have a finalised EHCP in place by mid July and one whole academic year of extra, targeted support before starting reception.

@SearchingForSolitude , we have been advised to add I to tribunal although the school we might potentially go for is indy and full.

Plus we don't have 2 crucial reports ADOS and EP. We were lining these up closer to end of school so we could tribunal for post 16 specialist.

Best laid plans of mice and SEND parents...

@Alltheyearround wholly independent or section 41 independent? Is it an autism specialist which requires a formal ASD diagnosis? If not, ADOS isn’t essential for the tribunal. When is the hearing? Feel free not to answer btw, I know posting too much can be outing.

@Ponche the LA must finalise within 20 weeks of the EHCNA request. In order to do that they should issue a draft by week 14. Anyone approached for advice must respond within 6 weeks. You won’t be able to pursue JR at this point, but you can email the DCS reminding them of the timescales, that they should commission independent advice if they cannot assess in house within the timescales, and informing them if they do breach the timescales you will be forced to pursue legal action because they will be frustrating your right of appeal.

Tribunal within next few months.

Yes, wholly indy. Yes autism specialist.

Worried they may try to manage DS out of school/offroll due to interventions the school don't want to/can't afford to provide.

Could be without placement in Sept? Or can we insist he stays in school and that they provide until suitable placement is found.

What can we usefully discuss at AR given this revelation?

EP we wanted booked until late Nov.

@SearchingForSolitude thank you very much.

Sorry in advance for the stupid question, but what does ‘frustrating your right of appeal’ mean?

Can I jump aboard please? We're not actually at the stage of starting g the process just yet, but I have an 8 year old who is in year 3. We salted his school entry under the summerborn option, so he already a year below what he chronologically "should" be.

I have raised concerns about his development ever since his 2 year check and always been told I am worrying about nothing. In the past year, school have come on board and now believe he may have ASD, DCD & dyslexia, and potentially ADHD with an inattentive profile. After months of waiting for school to do the paperwork, he is now on the very long waiting lists for ASD/ADHD/DCD assessments and we have just been given a list of providers for private dyslexia screenings.

he is currently struggling in all areas at school, but attends a very small primary who have put him into small groups for everything. He is receiving dyslexia specific support with writing, he does maths at a support table and is in a group for fine and gross motor skills support.

we know that, despite this long term, we need an EHCP for secondary transfer.

@Noidea2024 you should request an EHCNA now. Don’t wait. On their website, IPSEA has a model letter you can use. Personally, I wouldn’t bother with a dyslexia screening. Save your money for an EP report if you need to appeal during the EHCP process.

@Ponche you can’t appeal until the LA either finalise or formally refuses to issue. By breaching the statutory timescales, the LA delays your ability to appeal.

@Alltheyearround the school can’t just off-roll DS. You could request to push back the hearing if that would work better for you if you think an EP assessment is essential (if you want to add section I you may have to anyway if the hearing is very soon because SENDIST may give you the choice of going ahead as is or changing the hearing date and including section I to give time for the LA to respond to the amended grounds). EP cancellations come up so you could also keep looking. Use the AR to discuss what isn’t working, why, what needs to change (both in terms of amendments to the EHCP but also where the EHCP is okay but isn’t being provided), your evidence to support amendments, your preference for a change of placement and why it is required/evidence to support that.

@SearchingForSolitude thank you very much for explaining, makes sense!

LA have missed 5 week deadline to issue draft EHCP.

Complaint letters sent off.

Groundhog day!

I hope everyone is getting a break from the SEN battles to enjoy the sunshine this weekend!

We are due to finalise Plans this week. We're still waiting to hear back from a few schools we asked the LA to consult. Our case worker said if all schools haven't responded by Friday they can finalise without naming a setting and could amend later. Is this something we should avoid?

Our top two schools came back saying they can't meet needs/incompatible with the education of others, etc.

I just looked at the SEN info report for one of them and it clearly states a bunch of adaptations they normally make to support SEN kids -- and these are the same things they said in their response letter they could not provide (1-2-1, pre-teaching, laptop, etc). So I'm guessing we might have a good chance of persuading the LA to name them, though they're not our first choice and DS keeps saying he really doesn't want to go there. He'll be the only kid there from his primary, so I think it feels big and scary to him. He keeps saying he wants to go to our first preference school or DS's school (which is probably our third choice). But given how much school he's missed due to EBSA this year, going with a setting he seems somewhat positive about might make sense. Though that positivity could wear off pretty quickly come September.

@SearchingForSolitude you said "I’m of the opinion academic success is of little use if DC can’t function in life. Academics can always come separately to school" -- I'm keeping this in mind but it's so hard to get DS to engage with anything remotely resembling schoolwork outside of school, so I worry if we go with a school that's less good academically, he might never get back on track.

It's a toughie @SpaceInvader321. My DC is at a school that looked ideal on paper but has spent the last three years saying it can't possibly do anything other than quality first teaching because it is 'mainstream', whilst subjecting DC to a punitive behaviour regime. I'd move DC like a shot but for the fact they have managed to develop important friendships, and for the time being, have largely overcome EBSA, on the basis of these relationships. Having spent a long time unable to leave the house, their participation in, and enjoyment of, something approaching typical peer activities feels very precious indeed, and this is obviously helping to develop their social and communications skills and understanding. Supportive relationships of whatever sort can be a big part of the answer.

Meanwhile DC continues to struggle in the classroom, but the net tightens around school/the LA...