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!

In what way? I'm just about the start my echp journey and I'm in Kent.

I'm on a Facebook group for parents with the same diagnosis as my DD and a lot of the Kent parents have had very poor experiences with KCC (I'm on the London side of the border).

www.kentonline.co.uk/kent/news/calls-for-councillors-to-be-sacked-after-comments-on-childre-286923/

@Mariolikesketchup the depths Kent will slump to knows no bounds.

They think the law doesn’t apply to them. That applies to many LAs, but Kent take it to the next level. Their communication is purposefully non-existent. They are devious and frankly immoral e.g. attempting to pay parents to move out of the area.

Have a google about Roger Gough, both in his role with KCC and also as spokesperson for the CCN.

Got an email today from the LAs solicitor and that they will set out the LAs position by 6th March to the tribunal. What does this actually mean? I get a copy but wondered if I can use it to generate additional evidence?

It also made me think do many people appoint a solicitor themselves? I can’t afford the fees I’ve seen quoted, but may qualify for legal aid? I’ve just been using the professionals involved evidence and SENDIASS/IPSEA. So far have

Speech Therapist
Portage Worker
Children & Families Worker
Child Psychologist
Paediatrician
Nursery SEN
Local school SEN (can’t meet needs)

anyone obviously missing?

The appeal is to be issued with an EHCP.

Thanks!

Be careful with SENDIASS. Some are good, but far too many repeat the LA’s unlawful policies. They receive LA funding so aren’t truly independent and many will ultimately toe the party line. Same applies to any professionals connected to the LA in any way.

You don’t need a solicitor. If you qualify for legal aid (the type available is actually legal help. It doesn’t cover representation at hearings) it is worth looking into it for the assessments it can fund.

From the timings in your previous posts, I assume 6th March is the date given by SENDIST for the LA’s initial response? In their initial response the LA is directed to provide a range of things, including whether they oppose the appeal and if they do, why. You can read more about what should (although LAs are a law unto themselves and sometimes don’t provide what is required) be provided here. Not sure what you mean by use it to generate additional evidence, sorry?

If this is a refusal to issue appeal, was information and advice from an ed psych not sought during the EHCNA? What about OT? Whether you need more evidence depends on what evidence you have from the professionals you list. Are they good reports or are they vague and woolly? Do they cover all needs and provision reasonably required? Is the SALT an independent report?

Hi all, sorry for not responding I've had uni exams (I passed!)

How is everyone getting on?

LA have until next Monday to respond to my appeal. I'm appealing against Bristol who are as notorious as Kent I believe 🤯

Well done @RMNofTikTok!

I've managed to get the refuse to issue tribunal moved from early Sept to early June.

LA and I have agreed it can be done on the papers, so hoping it might be a little earlier still.

Found a localish ed psych to do a full report, as on previous experience, I'm going to need to fully organise DD's transition to secondary myself.

Had a slightly productive conversation with my elderly mum about EHCP yesterday, thanks to the presence of a long lost cousin who was actually interested.

Unfortunately long lost cousin later gave me a talking to about being more emotionally supportive of my mother.

Pah, you reap what you sow.

But on the whole I'm feeling fairly cheerful.

Also! I asked Mumsnet to stick this thread to the top of the SEN section, so people can find it easily. I think they have? Does it look like they have to anyone else?

Phineyj I am glad you have managed to move the hearing to earlier. The thread isn’t stickied for me. There’s another thread with a more recent comment above it as normal.

Congratulations RMNofTikTok.

Well done RMN

Phiney a lot of people don’t get it and literally can’t believe that schools and LAs and of course the government purposely cutting funding to both of those…. means that there isn’t any help for our kids.

And people can’t believe that what help might be available has been so reduced by government cuts that it’s basically a full time job to try to access it.

It’s shameful that we and our kids are put in this position by the lack of public services but because it’s quite extreme (eg that our kids can’t go to school and nothing will be done about it for months or years..), I have noticed that some people will always find it easier to look away. Or blame the parents.

I hope you can find support in other ways/different relationships.

Hi everyone - new to the thread, been hanging out on the SEN/SN boards for a while. DS4, suspected ASD and ADHD: on the pathway for the former. (DH has both diagnoses and DS sounds v similar to DS at same age.) Will enter reception this September.

We have decided to apply for an EHCP after a particularly gruelling meeting with preschool, who are incredibly supportive and willing to try a lot to meet DS's needs, but seem to be running out of ideas. Frankly, so am I. Preschool doesn't suit him, but it's currently the least bad choice.

DS has been seen by a few professionals and we have reports, plus about a years worth of ISPs (with little movement on targets). However, due to the fact that "someone from the LA" has observed him a couple of times for ten minutes a piece and doesn't think he needs an EHCP, and that he only got a very low amount of EYSIF funding, I'm not holding out hope for an easy run. Probably doesn't help that he's very much fine until he's not with periods of calm days followed by periods of very challenging ones. He also quite enjoys 1:1 assessments, so presents relatively typically - though the psychologist we had observe him agreed that he had traits and should be assessed.

So questions:

I know I've missed the 15th Feb deadline for phase transfer reviews for existing EHCPs. Does that matter now for new applications? Is it worth me noting its a phase transfer when I request an EHCNA?

I've started to panic that the school we've selected in normal admissions (so will hear about mid April) will refuse to admit if we get the EHCP, even though I tried to be as honest as possible about his difficulties when I spoke with the SENCO before we made our choice. Is this likely? I would really like him to try there with supports in place.

ohhhh that gives me hope for my request for the first available date before 1st July!!! Not heard back yet, my solicitor is going to chase it next week 😁

LA response is due 26/02

Solicitor is currently trying to find an educational psychologist.

I really hope they don't force us to tribunal....

Thank you @EHCPerhaps @SearchingForSolitude and @Phineyj it was the worst OSCE I've ever done!!!!!

Hi @BusMumsHoliday

If you are looking for a specialist setting for September it may make it harder to get one, however I'd certainly apply asap and stress they are due to start school in September.

Is it worth me noting it’s a phase transfer when I request an EHCNA?

You can, but it won’t change the timescales which are set in law. You should request an EHCNA ASAP. Unfortunately, there is no guarantee one will be in place before September.

I've started to panic that the school we've selected in normal admissions (so will hear about mid April) will refuse to admit if we get the EHCP

With an EHCP the LA must name your preferred placement (wholly independent schools excepted, which the school applied for via the normal admissions process won’t be) 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 bar to do this is high and unless the LA can prove this they can and must name your preferred placement even if the school objects.

I know I've missed the 15th Feb deadline for phase transfer reviews for existing EHCPs. Does that matter now for new applications?

The 15th Feb deadline doesn’t apply to you. It only applies to existing EHCPs. It doesn’t matter you have missed it. Being ‘full’ is not defined in law and is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar to do this is far higher than LAs admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”. However, there does come a point where LAs can prove this and that point is more likely after the normal admissions point.

@BusMumsHoliday try not to worry. Everything moves so slowly, I think personally that it is highly unlikely you would have an EHCP before you get the school place offer. Probably not before September, tbh, if they refuse to assess and you need to appeal (which you should, if they do). It took us from October 22 to August 23 to hear back from the request, appeal and complete the ECHNA...also your son sounds awfully like my daughter! She loves an assessment! (They do generally see through her but she is really charming and funny).

@ehcperhaps there is a kind of taboo/omerta around it, isn't there? I do have support, in real life as well as on here. My best friend has been really kind and supportive and my boss too, and the SEN staff at work. I've given up trying to get my family to understand. They pigeonholed me when I was quite young as the "coper" of the family and I'm not allowed to have problems.

I do feel like I've been in some kind of alternative reality for years now.

I'm pleased the BBC and other news media are regularly covering stories of people in our situation.

@RMNofTikTok and @SearchingForSolitude - thank you both.

We're not looking for a specialist setting right now. We've applied for MS primary schools in the normal round, and will probably get our first choice and definitely our second. I would be happy for him to start at either. I have looked at SS in our area, and I'd be reluctant to request that without giving MS a shot first. I struggle to find any nearby that would support a child with the potential to work at greater depth, especially at primary, though I'm sure they exist. Our back up would probably be to try a small, supportive MS independent. (I do realise the risk that a EHCP means they all run a mile, but I figure it's a document of his genuine needs so if they won't admit him with it, they'd only give notice when they got the measure of him anyway.)

I know the EHCP will probably not be granted by September so my fears of school rejection may be moot. We probably should have applied earlier but autumn term was relative calm and some improvement, which made us wonder if he needed it - the verdict from preschool, and school SENCOs has been to watch and wait. Its just all fallen apart again since January. Several theories as to why, but no routes to fix it.

@Phineyj - thank you. I'm getting used to long waiting lists. I think we're also finally leaping to private ASD assessments because I don't think DS has moved up the waiting list in the nine months he's been on it. I was quoted 2 years until panel, and then even longer if they then decided he needs the ADOS. And I know its needs not diagnosis, but I think we and he need to know before that.

It's so funny how much DS loves the assessments. For a week after the last SLT, he kept asking when we could go again. I was secretly pleased when he got a bit grumpy in one because at least it showed that I wasn't just parading this model child for fun. Do wish someone could accurately replicate trying to get a response from him with a dozen other kids running around.

@BusMumsHoliday unless money is no object or you would be eligible for support via the legal aid system, personally, rather than a private ASD assessment, I would save your money in case you need to appeal, potentially more than once, for an adequate EHCP and need independent assessments.

Is moving from reception to year 1 classed a phase transfer?

@Mummytodo no, it’s not.

Thank you, school have told me they don't move children from mainstream to a Sen school if they start in year one until the end of year 2 I don't think my daughter will make it that long in mainstream she is reception and I have had to drastically reduce my hours at work because she isn't coping already

@Mummytodo that is utter rubbish. DC can move to a SS in Y1 or part way through Y2.

Do you want SS now? What placement have you stated is your preferred placement?

Daughter needs a Sen school school agreed she needs this and now I've received the draft it's crap but school now says they will keep her there of I would like her to stay there. I feel like now she has a price tag they are more accepting.

However I've said no because I know she needs a Sen school. The EHCP is crap so requesting amendments ATM I've had private ot who identified significant challenges relating sensory processing, traits of pica amongst many other things. I also had a private salt report who identified she is a GLP stage 1. She needs significant interventions that I just don't think mainstream can do. OT said she requires 1-2-1 at all times due to pica and no sense of danger

I've made it clear every where she needs a Sen school

needs a Sen school school agreed she needs this

Do you have this in writing?

If you want a SS now, pursue that. Don’t let the school discourage you. If the LA finalise naming anything other than your preferred placement you should appeal.