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!

Is the school wholly independent or a s.41 independent?

Do you mean 2:1 rather than 1:2?

It’s completely independent and sorry yes, I meant 2:1

If the school is wholly independent they may try to give notice if you fight them on 2:1, I’m afraid.

Hello! I'm new but found this thread and piping up as I'm going through an EHCP application at the moment for my 11 year old daughter. I've always had trouble getting her into school and she's always been a bit 'quirky'. I asked school for their observations when she was in year 5 as something didn't feel right but they didn't really want to admit that something was off. Since starting High school, my poor girl has completely crumbled. She has not been in school for a full week since September, in fact I am often called to collect her after 20 minutes or so as she is screaming the place down. She cannot handle the noise, the busy-ness, navigating the school, all the different teachers, etc, etc. My husband and son are both ASD, and son is also ADHD but DD presents in an entirely different way to them

High school immediately applied (with my consent) for an EHCP withing days of her starting there, she is currently on enhanced SEN support but they cannot offer anything further without the EHCP. They are flabbergasted that her junior school failed to picked anything up. I have engaged a private clinic to get an official diagnosis as the NHS waiting list is appalling. So after an initial appointment, we are in the process of getting her screened for ASD, PDA, SPD and DCD (lots of letters!).

We have a 'yes to assess' from the LA for the EHCP and have a meeting with the Ed Psych next week. So far, so good. It has been surprisingly smooth. But this waiting in limbo is so, so difficult. Do I send my poor girl to school and stress her out endlessly (we're talking full on blood curdling screams from the minute I leave until the minute I collect her). DD is adamant that she needs to change schools, she wants a smaller school but as far as I can see, these issues are going to follow her unless she is in a specialist school with very few children and not so much moving around the premises. She also has low muscle tone and extreme hypermobility which must be so painful and exhausting for her. She is apparently 4 years behind her peers socially and emotionally.

So that's my journey so far. I've never been through this process and feel like I'm floundering around in the dark. I have no idea what happens on an EHCP - whether I get to choose a school, if she's 'bad' enough to even get a place in a specialist school. She's not currently accessing any formal education - school have just agreed to put her on a reduced timetable but she has not yet attended any lessons this year - when she does go in she is in a safe space doing colouring in between the screaming. I've been advised to apply for a 'short breaks' programme and told I can apply for DLA. But I have to say, I'm not enjoying the endless form filling and discussions detailing how rubbish my beautiful child is so I have not gone ahead with either of those things yet. Nobody seems to care how amazing she is and that she's funny and kind with a great sense of humour, that she gives the best cuddles. This process is nasty business!

Anyhoo, thanks for the rant!!!

@Applemist I wouldn’t send DD to school. Forcing DD to attend when it is clearly an unsuitable setting is likely to cause further trauma. If DD cannot attend school the LA has a duty to ensure she receives a suitable, full-time education. This is separate to the EHCP process. Email the Director of Children’s Services requesting provision under s.19 of the Education Act 1996. On their website, IPSEA has a model letter you can use. If that doesn’t work, email again threatening judicial review. Then, if that fails, you need a pre-action letter which SOSSEN can help with, although there is a wait at the moment.

If the LA agree to issue, you will get a draft and will be able to state your preferred school. Unless the school is wholly independent, the LA must name your preference 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 rules for wholly independent schools are slightly different,but they can still be named in EHCPs.

For DLA, Cerebra has an excellent guide. To overcome everything focusing on the negatives, when completing DLA forms, some people make a separate list of all the positive things about DC. And for social care assessments, Contact have model letters - an assessment of DD’s needs should be part of the EHCNA, but many LAs act unlawfully.

Hi all

Had phone call from my solicitor today. They've agreed to commission a private EP assessment through legal help certificate, they were surprised I asked for a SALT and SIOT assessment too but understood my rationale so I'm waiting for them to come back to me on that!

EP report has to be submitted by mid April, just hoping we find an EP in time, eek!

If you don’t have an EP report by the evidence deadline you can request late evidence is accepted.

I did read something like that, I'm assuming it's through a send7 again? God I feel well out of my comfort zone! Thank you

Anyone here with dc not in school due to ebsa? Any advice on how to get them to do school work at home ? I'm having such a nightmare trying to get ds9 to engage at home, there is always an excuse why he can't do anything
School are sending work home, I'm starting to lose my patience with ds not even trying to meet me halfway. He won't go to school but he won't do the work either, he needs 1:1 which I cannot give him at home due to having a toddler around taking up all my time aswell.
Ehcp has just been approved and we're currently waiting for the draft report, and I'm sure it's going to be rubbish !! I want him in a sen school - how the hell do I make this happen ???

Also school are telling me to get the gp involved for a referral to cahms, but what exactly are they going to be able to do ? I've been told I need to do this so I don't receive any "backlash" whatever that means?

You need the draft available to check the assessments are:

1. written up correctly
2. the provision recommended is SMART

Did the EP recommend a specialist setting?

@34weekmess when you get the draft you will get the opportunity to make representations and state your preferred school. There are limited reasons (listed in my post yesterday) the LA can refuse to name a non-wholly independent school. Slightly different rules for wholly independents. However, the LA may refuse and force you to appeal. What are the reports like?

Reframe it as can’t, not won’t. The LA should be ensuring alternative provision is in place under s.19 of the Education Act 1996. Has this been requested? The provision needs amending so DS can get to a point he can engage. That may be with non-academic provision &/or self led. What are DS’s interests?

A CAMHS referral is a good idea. Did the EHCNA not include MH assessment? It may be DS needs medication, therapies (these can be in the EHCP, but you might have to appeal to get them included) or further assessments. The school are using a well known scare tactic - the backlash they are talking about it from action taken against you for non-attendance, but that is a scare tactic, DS’s absences should be authorised. Have you checked how they are being recorded?

@RMNofTikTok yes, via a SEND7.

@RMNofTikTok Not really, he alluded to it but didn't actually say it, it says - "xxx needs a small, nurturing learning environment with smaller class sizes (upto 10 students) to support his emotional wellbeing and learning. He needs to be taught by teaching staff with experience of working with children and young people who have experience and training with ASC and related difficulties with emotional wellbeing"
I realise this is not specific enough though.

The report goes on alot about ds' anxiety and emotional wellbeing really being affected by the school environment, it states the amount of hours he already receives 1:1 which is around 14 hours.
It states that even though certain adjustments have been made ie own workstation etc to stop him bricking distracted this hasn't worked and ds still feels the need to move around to regulate himself etc.
He states how ds cannot focus on the work due to the anxiety he suffers from being in school, things like that.

No but I have read that before on here, after being off 15 days or something, and when I brought it up with the senco the other day if that was the case she said "oh I don't know" so a senco wouldn't know this information? I find that hard to believe, but why would she lie ?
Ds' interests are gaming, Roblox, the titanic, space, the weather.

No I haven't asked how the absences are being recorded, would it be wise to ask in an email do you think?
I'm worrying now I'm going to get into trouble when I'm trying my hardest to help ds

Sorry meant to @SearchingForSolitude

Some excellent news for the Nail family today! I thought the plan we had received last week was the final plan but it was a draft and I only realised as Section I was blank. I queried this as my LA were insisting on naming unsuitable MS for DD.

DD was to attend a trial day at MS school. Lo and behold she could not attend. In a twist of fate where all of our stars aligned, the MS that our LA were planning to name, had a change of stance due to lack of attendance at the trial and said they could not help DD.

I had a phone call 30 minutes ago to say our awful, horrendous, LA are going to add our preferred SN school in her ehc plan! DD is to go for a visit next week.

I have cried with joy and finally managed to compose myself to post. It has been an incredibly tough journey and these threads have been a real source of advice and support .

A very special thanks to @SearchingForSolitude . I can wholeheartedly admit that I would not have had the knowledge or determination to get this far without your knowledge and advice. I am truly grateful for your support.

Congratulations @ScrewThisNail!

www.gov.uk/government/publications/mental-health-issues-affecting-a-pupils-attendance-guidance-for-schools

@34weekmess this might be a useful read.

@ScrewThisNail Hurrah. Amazing news. You are welcome.

@34weekmess yes, always communicate via email, or if verbal conversations are had follow up with an email. Check what the absences are being coded as. It should be I. If they aren’t authorised you must challenge the school, but try not to worry about the school using scare tactics.

Schools, and LAs for that matter, for a multitude of reasons, often deny knowledge of s.19 provision. Request s.19 provision from the LA - IPSEA has a model letter you can use.

Have a look at Mindjam. It is often a way in for DC who can’t engage but like gaming. There are gaming APs too. For example, Overworld Esports Academy in Surrey, Tubers Academy in the SW, Geeks Room in Leeds, Imbue ventures in Derby. There is also Code Ninjas. Spectrum Space boxes are also excellent for DC who struggle with the demand of traditional school work.

Ah, I remember now, the report isn’t detailed, specified and quantified, so you are more likely to have to appeal than if the reports were watertight report, unfortunately.

@34weekmess sadly not all sendcos understand the complexities of education law and provision. Most primary sendcos are also doing another role - deputy / class teacher etc. They generally understand thir job under the SEN Code of Practice - eg their role description and responsibilities, but have not necessarily looked deeper at DfE guidance such as that for supporting medical conditions in school, or attendance issues due to mental health. The s19 provision is also an LA responsibility rather than school - so not something they would regularly deal with. Giving the benefit of the doubt, it is unlikely she would have come across this unless she has dealt with a previous case.

That is not to say all sendcos are like this - I have met some amazing ones in my time working in Education who really know their stuff and are amazing advocates!

Thank you everyone for being so helpful. I'd honestly be lost without this thread, it's all foreign to me !!

So can you guys tell me, is the only way to get into a sen school if the LA name the school on a care plan ? Is there no other way ?

A SS is highly unlikely without one being named in a finalised EHCP, either by LA agreement or by the LA being ordered to name it. Some independent SS allow parents to self fund, but they are £££.

It doesn’t apply to you, but the exception is some LAs have specialist early years assessment places for DC who are going through the EHCNA process or who need to go through it.

Evening, just catching up on the thread. Good to read some are making progress.

We typically received our refusal to assess. Basically they are (rightly) saying the school is not doing enough and we must continue paying privately for OT and SALT. Interestingly, the LA do acknowledge our child has SEN but not enough SEN to have an assessment.

We are at an independent who unfortunately don't have to do anything but are happy to take our money whilst we find an alternative school for him (hence we need an EHCP because no SEN schools will speak with us without one).

We cant rock the boat too much for fear of being given notice (which they can do with a 'disability' on a can't meet needs basis)

I've already looked at the sendist form I now need to complete to appeal. Is there anything else I should be doing?

I got an actual reply from the actual flipping college about the SAR I made 😮They have said they'll do it, no time scale or anything but it's a start. I didn't follow a template or anything I just found out who I should address it to and asked, told them I needed anything they had on DD but especially regarding dropping out of her L3 course.
I have a routine meeting tomorrow with DDs tutor and coach as well so I can bring things up then (such as do they have an EP in place and if so what is it, what support does the college offer to SEND pupils and if they don't know, who should I be asking?).

God, what a joke. So where do I stand if ds is still not going into school ? I can't physically get him through the gates. If we appeal the final report and we still lose the fight, Am I then just going to be prosecuted by the LA? What happens to his education?