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!

Thank you so much @SearchingForSolitude for such helpful advice.

Unfortunately if the SEP isn’t detailed, specified and quantified in F it can’t be enforced.

Help, I'm panicking!

Was called in by the head of my school today to say would I try to delay the EHCP being issued till the beginning of September so they can just admit her on the place she already has and not do the can they meet need thing.

And then an email popped into my inbox from the case coordinator saying they're going to issue the draft immediately (following my complaint last week that they'd missed the deadline) and then finalise asap, subject to the 15 days we have to comment.

What do I do? Is my daughter potentially going to be without a school in September if the EHCP is issued this term but the consultation takes too long? Why would the consultation take too long?

And how could they (potentially) be able to meet need in one scenario but not the other...it's the same child? I'm so confused.

@Phineyj That sounds very strange. Did your HT give any reason for not wanting to be consulted at this time?

If your LA issues the draft and you ask them to consult with your school straightaway, then their response will also be due within the 15-day review period, I think. It wouldn't extend through the summer.

Not sure what to make of this, but sending you some positive vibes.

so they can just admit her on the place she already has and not do the can they meet need thing.

This makes no sense. Whether the EHCP is finalised ASAP or the beginning of September the school will be consulted beforehand. DD already being on roll or not doesn’t change that.

I would politely tell the HT the EHCP needs finalising so support is in place from the start of term. DD starting without the support she needs in place is setting her up to have a difficult transition.

Plus if you need to appeal you will lose a couple of months by not finalising until September.

It is the same child, but without an EHCP the school can’t object to the child being admitted. With an EHCP they can object when consulted. Although even if they object the school can and must be named unless the LA can prove one of the limited exceptions.

DD will either have the school via the normal admissions round or she will have the placement named in I of the EHCP.

Thanks both.

I have been mulling it over since this morning and it is quite possible I know the ins and outs of how it works more than he does...!

I have just looked at the draft (it was added to the portal but typically, they didn't tell me that's where it was so lucky I checked) and it actually looks ok.

I guess I have got 15 days to decide what to do (does that mean 15 working days, by the way?)

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.

@SearchingForSolitude Thanks for this. Now I'm questioning what an alternative academic path might look like. I didn't go through the UK system, so am probably not aware of all the options that might be available. What are some of the routes you've seen kids take? Do some do just a smaller number of GCSEs and then do A-Levels or other exams at a slower pace? And are MS schools/colleges open to this or do you have to hunt around for the ones that are? Thank you.

With an EHCP they can object when consulted. Although even if they object the school can and must be named unless the LA can prove one of the limited exceptions.

@SearchingForSolitude I'm still not clear on how the LA would go about proving incompatibility with the education of others or of school resources. Our (probably) preferred school sent a long consultation response, detailing why they can't take even one more SEN child: citing how many EHCPs they have in each year group and how high above the natl average it is; how much they pay TAs per hour and how the ECHP top-up funding doesn't cover the costs; how many minutes per lesson teachers have to plan, mark work, etc; how they can't provide the level of differentiation needed in each lesson; how staff are stressed out and suicide rates among teachers are soaring. It goes on and on and is an exhausting read.

I'm not sure whether we need to argue against the points they raised or just emphasise why it's the best setting (hopefully/maybe) for DC.

@SpaceInvader321 there are loads of different paths. To give you some examples of those I have supported within mainstream schools/colleges with GCSEs then A levels:
A smaller number of GCSEs in Y11 followed by A levels in Y13.
A smaller number of GCSEs in Y11 followed by A levels over 3 years.
A smaller number of GCSEs in Y11 followed by 1 A level and a couple more GCSEs.
A smaller number of GCSEs in Y11 followed by more GCSEs in Y12 followed by A levels in Y13&14.
A smaller number of GCSEs in Y11 followed by more GCSEs in Y12 and Y13 followed by 2 years of 2 A levels then another 2 years of 2 more A levels.
GCSEs in Y12&13 then an A level every 2 years for 6 years.
GCSEs in Y11 then an A level a year for 3 years.
GCSEs at 20/21 then A levels afterwards.
GCSEs in Y11 except for maths. Then A levels in Y12&13 along with GCSE maths.

That’s not an exhaustive list of what is possible. There are other options including with other qualifications. It isn’t always straight forward, especially if the LA isn’t in agreement.

Some of the schools case won’t meet the threshold for incompatibility. Depending on specifics their strongest argument may be the number of DC with SEN if the number is exceptionally high and that means it is incompatible with the efficient education of others/use of resources, but a high number alone won’t necessarily meet the threshold. The bar is higher than some schools and LAs claim. EHCPs can be fully funded so the EHCP not covering costs doesn’t need to be a barrier. If the LA refuse to name your preferred placement, show why that school is required (focus on what is required rather than best because there’s no duty to provide the best education) as well as showing the LA can’t meet the threshold for incompatibility.

The LA are saying that they are required to consult with the nearest mainstream school even though we have expressed a preference for, and have a place at, another school.

Is this true?

@Phineyj it is common for LAs to consult the nearest school. They will be thinking of transport and what they believe to be the nearest suitable school. Many LAs act unlawfully for transport and it isn’t always as simple as if a nearer school is suitable. This article from SENTAS explains more about transport and the nearest suitable school argument LAs use.

Having a place at another school is irrelevant because the placement named in the EHCP will override any offer made via the normal admission process.

Urgh this all sounds stressful at the final hurdle @Phineyj

Meanwhile I managed to not attach the formal letter from the LA stating the right of appeal to my appeal documents (there were folders of stuff all neatly indexed and it just...wasn't there. My fault.). So that's gone off now but I suppose another 2 week delay to lodge the appeal. The deadline is actually tomorrow but I assume as long as all the documents have hit the inbox on time it's all fine.

Dd has also started SALT at school this term (I think she only gets a term) but the SALT called me today to discuss and it's vindicating to have her say yes she does need this, potentially for a long time.

Thanks @Phineyj for the tag from the 30 day thread. Looking at the size of the threads I'm very overwhelmed!!

So thinking I need to get an EHCP for my ASD daughter for mainstream secondary (due to start 2025). Where do I start? Well so far I have looked and printed the SOSSEN guide, the list of reasonable adjustments from the autistic girls network website and tried to reach out to resources like this!

I have a meeting with the school this week, where I intend to state my intentions to apply for EHCP. I'm desperately hoping they will help and support me with the parental one (they won't apply). I'd like to think we could get by on reasonable adjustments, but can't see that being the case. So here we are. I hope I can join and try and make sense of it all!

Seems a bit odd though.

There are no transport considerations in our case and we already looked at that school (via the regular open day) and rejected it. I know nothing about their SEN set up.

This system is so strange. I would gladly have received some suitable school advice...in 2022!

@addies don't worry, one step at a time, eh?

Welcome.

SOSSEN resources are really good.

@Macramepotholder I am a bit stressed and frankly confused that the LA are in such a rush now after moving like an arthritic snail for nearly two years!

Thanks @Phineyj I guess the first step is meeting with the school to see if they will help. I had this plan to also contact SENDCos at the 3 local secondary's (1 of which we may be out of catchment anyway) and discuss how they might help my DD. Is that a thing? Should I bother? They're all part of the same academy and the closest school has a shocking attitude to SEN. To put it bluntly, all the options are total shit.

@Phineyj it really isn’t odd. There are transport considerations for all even if at this moment in time you don’t plan to request transport or mileage.

@Macramepotholder your appeal will be fine. It won’t be considered late. If you haven’t already it would be helpful to follow up the SALT’s phone call with an email.

@addies SOSSEN and IPSEA are both helpful. They both have model letters you can use to request an EHCNA. Yes, speak to the secondaries’ SENCOs. Also ask around locally. Unless you have a finalised EHCP by the October deadline you must make an application via the normal process in case you don’t have a finalised EHCP in time.

You can request the EHCNA @addies, you don't need school's support. I mean, it'd be nice if they'd help but the council will contact them anyway if they agree to assess (and if they don't, you'll have to doa tribunal and you could do a Subject Access Request to get all the emails the school have sent about your daughter).

Be prepared to be unpopular.

Just to warn you, I requested an ECHNA in October of year 5 and have just this week got a draft in year 6.

It's just all so arse about face if you'll pardon my language!

All this form filling and assessment reports and applications and assessments, and then they just consult with the geographically nearest school? Why not just do that in the first place then?!

The LA can’t consult placements before drafting the EHCP because the settings won’t know what they are commenting on and the EHCP can’t be written without the NA because it is the evidence gathered during that informs the content. It is normal for multiple placements to be consulted.

I am just so worried that this will somehow result in us losing the school place we have got. DD will never forgive me and I'd probably have to resign too.

Remember there are very limited circumstances the LA can refuse to name your preferred school.

Well, let's hope so!

@Phineyj I know, it's not like them to rush is it? Maybe someone's got a target to hit for the year...

This is actually good food for thought because I do NOT want our nearest school- but probably rather the next nearest which we'll get into on distance. But it will be too late for that anyway I think.