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 I'm sorry your DC's school hasn't been great despite how it looks 'on paper'. That really is a big worry for me. I'm afraid we'll fight for what looks like the 'best' school and then find they're really hard to work with. I've spoken to a lot of parents with kids there and some say the school is very much 'our way or there's the door', but others say it's been great. You just never know.

Relationships are so key, I agree. DD was having a horrible time last year but now her school has a great SENCo who she's really connected with and she's doing so much better. I realise SENCos move on and there's no guarantee they'll be there all through secondary, but I do think DS would be looked after by that team. It's how he'll cope in the rest of the school environment that I worry about.

DS3 has recently left MS (supportive SENCO, huge amount of support, but couldn’t cope with the sensory environment) but previously I jokingly told the SENCO they couldn't leave until DS2&3 had left.

@SpaceInvader321 it is preferable the LA name a setting when they finalise (assuming that is what you want), but not at the expense of delaying finalising. They can name the settings anyway (caveat being they are not wholly independent). They can also finalise without naming a specific setting.

If the LA finalise without naming your preferred school, appeal. You should do this even if the LA promise to amend once other schools have replied. There is no guarantee the LA will go on to amend or name your preferred placement if they do amend so you don’t want to lose the right of appeal or delay an appeal.

I didn’t necessarily mean academics can come outside of an educational establishment/at home via you facilitating them. Rather EHCPs can last until 25, or 26 in some circumstances, in part because it is recognised some DC with SEN follow a longer path through academics. If DS needs a less academically rigorous school at the moment with more of a focus on his mental health and social and emotional development, it isn’t the end of the world because there will still be time for the academics.

Hi everyone, I actually feel sick with worry. I've hardly eaten for a week and lost 9lbs. Our daughter has an EHCP for autism and selective mutism. She is currently in year 6.
Last November I asked the LA to consult with a section 42 school. They refused.
In February we got her amended EHCP through naming a mainstream school with an enhanced autism provision. The school is currently graded inadequate by ofsted for it's bullying culture. This school would be like throwing my daughter to the lions. She would be destroyed and couldn't talk to anyone to tell them 😔 She carries her dolly round with her 24/7. My heart breaks at the thought.

Anyway, between November and Feb, we had decided to completely relocate as I had found a wonderful (so I thought) SEN school for her. As a result, I didn't bother with appealing the EHCP placement. Well, the school closed down very suddenly due to financial issues and a poor ofsted.

So now here I am having to plead for SEND tribunal to allow me to appeal late for a different school based on the fact our relocation isn't going ahead now.

The stress I feel is immense, I feel ill. We've bought a house in the new area, so we weren't messing around. We now have to sell it, probably at quite a loss just to get rid of it and start over.

Do you think I have any chance of them accepting a late appeal?

If we don't get an appeal, can I refuse to send her to that school and say that I'll be home schooling her until the appeal?? I believe if it's a special school you need the LA'S permission for this but if it's mainstream then that's OK. I assume this comes under mainstream.

I cannot believe what has happened to my life in such a short time. We feel screwed in every way.

Hi @Implosion85

How far did you move? Is the school named on the EHCP within 1h 15 minute commute?

We didn't actually move but bought a house ready for when we do.
It's in Wales, so we were paying for the school ourselves. It was never in the EHCP.

But now we are back staying here, I need to sort out what the hell we do.

@Implosion85 you can EHE. You don’t need consent or permission. With special schools, you need the LA’s consent to deregister, which isn’t quite the same legally as permission to EHE. If the LA refuses, the school can be directed to by the SoS. But this isn't required for mainstream. If DD is unable to attend, you could also remain on the school’s roll, but inform them/the LA DD is unable to attend because of her SEN. Personally, I would do the latter. That way the LA remains responsible. Under another name I have posted on your thread about the rest of your post.

Thanks so much - you have a wealth of knowledge and I really appreciate it.

In your opinion, are they likely to give permission to appeal late based on these shitty circumstances?

In my appeal, I have explained what has happened and why we didn't appeal earlier. I have also picked out parts of the inadequate school's ofsted report relating to bullying and bad behaviour and her vulnerability to bullying due to her carrying her doll etc. I have said she needs access to therapists (OT and SLT) which the other 2 schools I liked both have.

@Implosion85 It could go either way. Sometimes late appeals are allowed, sometimes not.

I guess either way, we'll get to appeal based on this or the annual review

@SearchingForSolitude out of interest why would one need LA permission to de register from a SS?

@ScrewThisNail the regulations say to deregister (i.e. the child’s name removed from the school’s roll) from a special school consent of the LA (or via the SoS where the LA refuse) is required when it isn’t because of a set of specific circumstances. Currently that is under Reg 8(2) of The Education (Pupil Registration) (England) Regulations 2006 - “In a case not covered by paragraph (1)(a), (j) or (m), the name of a child who has under arrangements made by a local education authority become a registered pupil at a special school shall not be removed from the admission register of that school without the consent of that authority, or if that authority refuse to give consent, without a direction of the Secretary of State.” It isn’t quite the same as parents needing permission from the LA to EHE.

@SearchingForSolitude Is it possibly to do with funding? SS are expensive so I can understand why an LA would not want to allow a child to leave a school if they have already funded a place. I’m intrigued.

I’m just catching up and I’m sorry to hear so many people are dealing with shitty, incompetent LA’s. All this to make sure our children receive the support and education that they need, it’s actual madness.

It’s been a week and a half since the DCS passed my email on to the SEN team. Have I heard anything from anyone? Have I heck. At this point, I need a secretary because I can’t keep track of what needs chasing etc😴

It is apparently about ensuring DC with significant additional needs still have their needs met. Although parents don’t have to provide what is in F and consent shouldn’t be unnecessarily withheld. The Schools Bill consultation proposed to make those in MS with EHCPs the same but was later dropped.

Gosh, we've nearly filled the thread again.

I'll start a new one soon.

It's awful isn't it? My LA just don't bother to reply to any emails. I don't have any named person to email either. And the phone just rings and rings too.

I have had two emails from the case co-ordinator in the period of about a year since the LA finally got round to giving us one. I have no idea whether she's actually read any of my daughter's paperwork or not.

You wouldn't think you could "co-ordinate" anything with such a lack of communication.

I've been quite impressed with SENDIST communications, by comparison.

Appeal to sendist for b f and I last week. La contacted days later and I'm wondering at what point do they get the appeal information? I've asked this before but the email from them would indicate they have but surely its too early?!

It does seem early. I thought from the info I got with my appeal that they tell you they've done it. It was about 10 days for them to send my info out.

Our appeal date is September, which isn't great for a phase transfer but I guess probably is expedited. I'm currently not entirely sure what we're going to do if the LA manages to actually name a school that isn't our preferred before then. If we continue to appeal it's going to make it a very different appeal.

@246810k your appeal is registered within 10 working days, but it can sometimes be longer.

@UnendingSaga a September date is definitely expedited. All phase transfers I know of are now coming back with September dates. You would be very lucky to get an earlier one.

Thanks @SearchingForSolitude, that's what I thought. They did say an August date might be possible if everyone consented to have a paper hearing. But I'm not sure I want to risk that. We always have a chance that the LA will cave and name our school if they can't find an alternative. Or they might surprise me and come up with a school that we'd be willing to try.

Head teacher saying school (mainstream) not structured or set up to deliver 1:1 interventions.

Can he say this? I thought a blanket policy would fall foul of legislation like SEND CoP or Equality Act. What could I use to fight against this fog?

Their SEND policy or do they have to have some document on line like a plan for SEND? I have seen 1:1 mentioned on their site.

Currently they are removing DS from literacy (he needs this as dyslexic and v delayed reading/writing) to do other interventions on EHCP. Literacy wave 3 indicated by EP but not specific timings.

I have argued against this. They say we can't interfere with how they timetable.

Surely he shouldn't be coming out of subjects he is going to be examined in (maths, literacy, possibly IT and Science - all entry level). What would OFSTED make of that?

School say staffing and scheduling have to dictate what he comes out of.

@Alltheyearround the school must have a SEN information report published. Depending on the type of school, you can see the rules on what that should include here or here.

They may think they aren’t set up for 1:1, but they can’t have a policy of never providing 1:1 interventions. The law doesn’t say they must make their best endeavours to meet a pupil’s SEN (s66 CAFA 2014) and make reasonable adjustments (Equality Act 2010) except for 1:1 interventions. Neither is having 1:1 interventions a reason to refuse to name mainstream in an EHCP - the lawful reasons to refuse to name parental preference are in s39(4) CAFA 2014.

If the provision is detailed, specified and quantified in F, then the LA is responsible for ensuring the provision is provided (s42 CAFA 2014). If you have raised this with the LA and been ignored, email again threatening JR. You would need a pre-action letter if that didn’t work.

Where possible, most schools try to avoid withdrawing pupils from core subjects. It isn’t always possible and for some pupils it better meets their needs. Are the literacy sessions in F?

Need to tighten up F. But that's what I thought about 1:1. And as a head teacher he must know this. Sigh.