EHCP support thread no. 3

[Phineyj]

A new thread for when no. 2 is full up.
Link to thread no. 1: https://www.mumsnet.com/talk/special_educational_needs/4834986-ehcp-support-thread
Link to thread no. 2:
https://www.mumsnet.com/talk/special_educational_needs/4989146-ehcp-support-thread-no-2

I am the mum of an 11 year old girl with SEN and have spent the last 20 months battling for my local authority to issue an EHCP to support her transition from primary to secondary school. We are currently after draft stage after two tribunals. I've had so much useful advice and moral support from posters on here.

This new thread is here to help everyone, whether you're just starting out or are a battle-hardened veteran of years of this.

There is no such thing as a stupid question and there are many acronyms and technical terms so please ask for an explanation of anything that you don't understand.

SEN: special educational needs (sometimes SEND: special educational needs and disability)
SENCO: teacher at school charged with overall responsibility for students on roll with SEN
ECHNA: education care and health needs assessment - the process of a local authority commissioning reports to find out a child's needs
EHCP: the education care and health plan that details a child's needs and the agreed provision to meet them; a legally binding document
SENDIST: the special educational needs and disability tribunal - an independent appeal panel which considers parental appeals against Education Authority decisions about special educational needs.

@Phineyj @BrumToTheRescue I contacted SENDIST apparently LA made a typo so response didn't get to me, SENDIST forwarded it to me just waiting on the working document.

apparently LA made a typo

@Wednesdayy123 of course they did! I wouldn’t put it past them to do that on purpose.

@BrumToTheRescue yes I thought the same. I spoke to LA this morning they assured me I would receive the working document within the hour (nearly 5 hours ago).

What does MO stand for? Thanks @BrumToTheRescue

Only got 3 weeks left of exams and may end up at another school so wondering whether to save my money on the Pre Action Protocol letter.

School see us as troublesome for persistently holding them to account for non provision. I worked out if its 6 weeks (min) over each year of secondary of non provision due to exams he would be missing over 6 months of provision in total by end of Y11.

LA has to consult with school again as extra stuff is going in (should have gone in 18 months ago but they said they did not recognise a change in need despite 2 consultant level SALT reports telling them exactly that).

Funny, now tribunal is coming they've written the advice in now. Suspect next stop is a specialist school. MS just doesn't seem to want to know for 1:1 provision. Head even told us we are not set up for that despite them accepting DS in with EHCP detailing 1:1 provision.

I remember seeing somewhere that where adequate progress is due to significant external support an assessment should still be done. Does anyone have any idea what I can quote on this? Just pulling together appeal document....

Yes, it's in the IPSEA guidance. Let me just find it for you.

This is extracted from the Ipsea Refusal to Assess pack https://www.ipsea.org.uk/refusal-to-assess-appeals and I think the part you need is the part I've bolded at the bottom?

Going back to the legal test, you will need to convince the SEND Tribunal that the child or young person has or may have SEN, and may need provision through an EHC plan in order to access the right educational help. Generally there are three ways of establishing this. You can argue that: 1. a full assessment is the only way to find out what the difficulties are and what help is needed; 2. the school/institution may not be able to supply all the educational help needed unless it receives extra help from the LA; 3. the school/institution has provided all the help that could be expected but the child or young person has not made enough progress.

Now you need to plan your case around the points which fit your case. There are at least two different approaches to take: a. Where point 1 (above) applies, you need to make the case that advice from a number of different professionals is needed to fully understand your child’s difficulties (or yours if you are a young person). In other words, professionals do not yet understand enough about the difficulties and only a full investigation can help everyone understand the nature and severity of the difficulties and decide what help is needed. Often this is not enough on its own to persuade the SEND Tribunal. You may also have to show that they may need an EHC plan if their needs are to be met (see B). b. For points 2 and 3, you need to make the case that the needs may not be met without an EHC plan. You do not have to prove that an EHC plan is necessary, only that it may be necessary. When would an EHC plan be “necessary”? Mainstream early years providers, schools and colleges (other than fully independent settings) have duties and resources to meet the needs of most children with SEND. This is known as SEN Support. An EHC plan would be necessary if the child or young person can’t get the SEP they need through SEN Support.

In many cases both approaches will apply. Whichever you decide fits your case best, keep going back to the points as you plan your case to make sure that you are focusing on what you have to demonstrate to the SEND Tribunal.

The Code mentions three potential triggers for assessment where resources are critical:
• Lack of progress: the Code at paragraph 9.14 says: “In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.”
• Progress but only with unsustainable support: if the school or other setting has provided a lot of support which has ensured progress, but which is over and above what would normally be provided without an EHC plan, the Code rightly says this is also a trigger for assessment.

@Phineyj thank you so much! I knew I had seen it somewhere but couldn't remember where!

Paragraph 9.14 of the Code of Practice:

In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress. To inform their decision the local authority will need to take into account a wide range of evidence, and should pay particular attention to:
• evidence of the child or young person’s academic attainment (or developmental milestones in younger children) and rate of progress

• information about the nature, extent and context of the child or young person’s SEN
• evidence of the action already being taken by the early years provider, school or post-16 institution to meet the child or young person’s SEN
• evidence that where progress has been made, it has only been as the result of much additional intervention and support over and above that which is usually provided
• evidence of the child or young person’s physical, emotional and social development and health needs, drawing on relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies, and
• where a young person is aged over 18, the local authority must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete their education or training. Remaining in formal education or training should help young people to achieve education and training outcomes, building on what they have learned before and preparing them for adult life.

The bits in bold seem to be the most relevant ones to you.

@Alltheyearround Monitoring Officer.

@handmademitlove as well as the SENCOP mentioning it, JS v Worcestershire County Council [2012] UKUT 451 (AAC) is old case law under the previous system which in part covers looking at the support being given when considering progress. To clarify, that case is about a refusal to issue a Statement of SEN, but the same principles can be used for refusal to assess.

Thanks all. Will look up that case law!

Just a little appreciation post for all you lovely people that helped me with your guidances and your amazing knowledge of the EHCP system.
I have finally after 5 long night with tears and stress sent back my representations of the draft EHCP. (let's hope they amend it properly)
you lot seriously are wonderful. I actually would have just accepted it at face value had I not stumbled upon this amazing forum.
Thank you all so much.
I have a question, do they have to accept my request for amendments (I quoted all the requested amendments using reports given by other professionals).
Is it correct now that I won't hear back till I get the final draft and if I'm still not happy I can appeal ?
Thanks

@Jaffacakesrlife you're welcome. I started these threads with exactly that intention so I'm so glad it worked for you.

No they don't have to accept your request for amendments and yes if you're not happy with the final version you'll have to appeal.

I've just done the same and they made the easy amendments like altering the Section A (I was keen they did this as I'm expecting my daughter to attend the school where I work and I didn't want too much personal and family information floating about) and adding bullet lists of SEN needs & health needs where appropriate, but they haven't done the hard amendments like adding decent SMART targets. And bizarrely they haven't put a proper list of what their advice was based on at the end where they should have, but it won't be difficult for me to evidence that should I need to in future, given that all said advice was in our tribunal bundle.

@Phineyj that's great news.
I am so shocked at how watered down it was and how vital points like 1:1 adult support for all learning tasks,tailored curriculum, adult support and risk assessment for outside were all left out of the report or replaced with may need additional help, may require support etc.
that stuff is vital not a bonus.
I quoted each point with exact wording from the reports and request they stick to what's in the report.
They were very much like these can be delivered by an adult, i went back with what adult please be specific is it john from down the road or a qualified adult that will be familiar and trained to meet DC needs.
I was warned by the forum that they do love to be wolly and vague.
I'm hoping now the report can see I mean business she won't fight me on it. but I do have a feeling an appeal will be ahead of us. I mean it's all in the reports done by professionals that trained In that specific field they won't exaggerate just stick to what they advised.

Oh wow. I was just digging about on my LA's site to find their SEND top-up funding levels [to be well informed before the inevitable forthcoming discussion about how tuppence ha'penny will be plenty to fund the EHCP]. And in a document entitled 'SEN Notional Budget Guidance' (which explains in a roundabout way that the £6,000 doesn't exist or certainly not per specific child while still including it in the top up funding levels), I found the part below. My God! This is so discriminatory. No wonder they've tried to ignore me for two years. They presumably just file anyone who's paid for their own assessments (and/or uses a private school) in the big file called "the bin". This isn't ok is it? 'We look at your connections and resources before deciding if we will help you'?!

Making best use of the child or young person and family’s resources

Before exploring outside sources of support it is essential to consider with the child or young person and family the resources they have i.e. their ‘real wealth’. This will help identify the strengths the family have, their networks and connections with people, their skills and knowledge and their own resilience. This includes:  People: friends, extended family, work colleagues, social friends and neighbours.  Access: local resources, shops, health services, schools, leisure facilities, and community activities.  Assets: any resources given specifically to meet a child’s disability, e.g. benefits, personal budget.  Skills and knowledge: strengths, abilities, knowledge, experience and decision making skills.  Resilience: well-being, the inner strength that keeps people going when times get tough, physical and emotional well-being, and for some, a faith, belief system or religion.

@Jaffacakesrlife sometimes between now and when the LA finalises they make contact, sometimes they don’t. They may not amend or they may make some but not all the amendments. When the LA finalise you will get the right of appeal so you can appeal if you aren’t satisfied.

@BrumToTheRescue thank you. I'm shocked how they left out or watered down the most important things

@Jaffacakesrlife it is the norm, I’m afraid. It is uncommon to have an initial draft that includes all needs and provision required and is detailed, specified and quantified.

@BrumToTheRescue wow, thank you for all your help. im sure I will be asking loads of questions about appeals

Woo hoo! School says can meet need!! (The one we've already got the place at, my goodness this is all tedious). But anyway, shall enjoy the freedom from angst for a little while.

Excellent news @Phineyj

Amazing @Phineyj

Great news @Phineyj! Congratulations.

@Phineyj congratulations!

LA have not sent working document, I have spoken with them 4 times..and waited (I am tired of waiting). Emailed SENDIST and cc'd LA in. It's been a long day! Dd is back to school refusall, she's really struggling. Wondering what an earth I am going to do in September. I don't know how I am going to contain my emotions during mediation.

Appeal submitted. Now the wait begins... Any idea what the current wait is for refusal to assess?