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.

Thank you, his caseworker stopped responding to emails after the first one (their phone always goes straight to voicemail) so I m only getting anywhere with a general send phone line with our LA now. I can certainly send another email to them with a read receipt on making it clear I know about the deadlines though and shall definitely have the complaint letter sent to the director of education on the day it hits week 14.

He's already under SALT and paedtrician the have seen him within the past 3 months and the LAs own specialist teaching service saw him last week, so the recent advice hopefully won't be an issue from them, it's just getting an ed psych.

Follow up the phone calls with emails so you have a paper trail as evidence should you need it.

You will need to request the LA seeks advice and information from SALT. Paperwork from normal appointments won’t be sufficient for the needs assessment because they won’t set out needs, outcomes, provision in the right way and they won’t be sufficiently detailed, specified and quantified.

Oh, I forgot to mention - the not-an-EP has arranged to do cognitive assessments for DD at home, as she's had no assessments of any kind since 2017 (besides the SALT one recently). I mean, the date the LA were supposed to decide whether to issue an EHCP has passed, but its still a positive step right?

Dd 8 has ehcp named ms who said couldn't meet needs. Appointed solicitor to appeal and la decided early on they would name our preffered la special school. We've had independent assessments which indicate a independent small school is only suitable however I'd prefer the la school, it's close by has a fantastic reputation and dd loved her induction there. She went for assessment at independent and didnt ask to return. Solicitor says tribunal will go in favour of our experts who likely to say the the independent school is most appropriate and said tribunal would name this against parent wishes? We're in Cheshire and it's almost hour away and we'd honestly prefer la school. We want to continue appeal to ensure extra provision is in ehcp mainly OT. Is this right? Anyone had this? Thanks

Has the LA special school said they can meet needs? If they have, I'd imagine the LA would rather name it as it'll be cheaper than an independent specialist.

@BrumToTheRescue thank you, I was thinking the same re independent EP report but thought maybe it's best to do it when DD is in reception after seeing how she managed with the more formal learning.

But after reading on some other threads about how some annual reviews are carried out, I think it's best to try and make the initial EHCP as comprehensive as possible rather than relying on significant changes to be made down the line. So will start making enquiries now. Hopefully DD will be awarded DLA in a few months' time so can use that.

How long should I wait for the draft EHCP/verification of private reports before chasing? It's been about 4 days now. Still no contact from the EP either re amendments.

@1995SENNDMUM Before I made the initial EHCNA request/got the decision to assess, the LA was unofficially saying the wait for an EHCP is taking one year and it's a 9 month wait for an EP assessment.

After getting the decision to assess in week 5, I asked the LA how long the wait would be for an EP and no-one would commit to anything by phone/email despite asking a few times.

Then I rang the ed psych team around week 9 and initially they said 3-4 month wait for an EP then when I mentioned the legal deadlines etc and making a formal complaint/pursuing JR, they said they'll ring me back next week. And then they said it will be an 8 week wait and in the end the EP assessment took place around week 15.

If I hadn't spent money on independent reports or if there was no wait for the SOSSEN pre-action letter, I would have threatened JR and sent the letter out at the earliest opportunity. But I was not in a position to do this so just made a nuisance of myself via phone/email.

Most emails were ignored and I just went around in circles on the phone with the EHCP team, but reminded them of the deadlines whenever I get in touch. I appreciate other parents also do this and still don't get anywhere.

Now it's almost week 17 and I'm waiting for the draft EHCP. So far, the LA are still dragging their feet but it's not taken as long as I initially thought it would. But I think that's only because I've been able to get through to them on the phone to keep on at them.

After the EP assessment was arranged, I also sent the LA a formal complaint about the whole EHCNA process which is several pages long and I will be adding to this as things progress as I'm so fed up and the whole process has completely drained all my time and energy.

Maybe try seeing if you can get an email address/phone number for the ed psych team and see if you can chase them directly? Apologies if you have already done this!

Our ed psych team doesn't have an email but has a phone line that's only open 4 hours a week so i ll see if I get anywhere with them. Yes most of my emails have been ignored so far.

@Ponche if the LA is on week 17, chase now. Send the LA IPSEA’s model letter. Chase the EP too.

The LA have struck out with all the schools they consulted. All of them have said no. Our choice is the only one currently on the table. Surely they have to just name it now?

Hi, Hope no-one minds my joining this thread. I could really use some advice! My son (now 11, yr 6) is awaiting an assessment, and has been awaiting it for 18 months. He 'only' has another 18 months to go apparently but the school SENCO has placed him on the SEN register with suspected ADHD and ASD and forwarded his details to the secondary school he is going to in September. We haven't had any correspondence from them other than the normal admissions stuff. We know the school as my DD goes there already. My concern here is that he is absolutely not ready for secondary school. There is, for instance, no way he's going to get there unless I take him, I can't imagine him having the independence at the moment to dress himself after PE. He will probably be ok at finding his way around but if the pattern of bullying that developed at primary school carries over in secondary I can't see how he will manage. The school issues detentions for minor infractions (forgotten lanyard, uniform violations like no tie, etc) and he's likely to see this as a personal attack and either become angry or withdrawn. I am so desperate to see hime settled and happy with a group of friends, he is lonely at primary, but I just don't think he's got the skills right now. Does anyone have any advice / perspective? I don't even really know where to start getting help for him and am increasingly eyeing up homeschooling in sheer panic!

You can apply for an EHCP, it's need based rather than diagnosis based so you don't have to wait for diagnosis. You won't get anything in time for September but it would be something.

I'd try and get in touch with the Senco at the secondary yourself, you might find their email on the school website. There's lots they can do even without an EHCP, but you have to be quite pushy to make sure they do.

@Thewolvesarerunningagain contact the secondary school’s SENCO to arrange to speak to them and for extra transition visits.

Do you mean DS has been waiting 18 months for assessments as part of an EHCNA? If so, the LA is in breach of the statutory timescales. On their website, IPSEA has a model letter you can use to chase the LA. If that doesn’t work, post back here for the next steps. Or do you mean for diagnostic ASD and ADHD assessments? If so, IPSEA has a model letter you can use to request an EHCNA.

@UnendingSaga I suspect your LA will concede. If they don’t, your case is strong.

Hi @BrumToTheRescue and @UnendingSaga. He was referred to CAHMS for a diagnostic assessment for ADHD / ASD, sorry I wasn’t clear on that. Thank you for the link I will check it out. He’s been offered one ‘extra’ visit, which is great, but that seems to be it.

Quick question if I may: I think schools have some sort of statutory responsibility to take due account of expert advice. I have checked the SEND CoP and can find the reference, so possibly it is from the 2014 F&C Act? Does anyone know/have a reference? TIA

@BrumToTheRescue they've gone for one more consultation! I know the school they've picked, it's an independent specialist same as our choice, so not even the maintained they had named in I, and I predict they will say they can't meet need based on what I know of them. It is so frustrating that they are dragging this out. We could get to the end of term with nothing decided and not know whether my son is leaving the school or back in September. The disruption is unforgivable.

Sorry, that should have read, can't find the reference....

@Thewolvesarerunningagain request an EHCNA ASAP. And contact the SENCO.

@UnendingSaga don’t lose hope. There’s still time for the LA to concede. How does the cost of the 2 independents compare (taking into account things like transport)?

@Irisginger this school must make reasonable adjustments (Equality Act) and must make their best endeavours to meet a pupil’s needs (section 66 of the Children and Families Act 2014). Both involve taking into account evidence/advice.

@BrumToTheRescue I'm not sure what the fees are for the one they are consulting with. I would imagine they are assuming it will be cheaper, current school have quoted their top rate because of the level of support he needs. I doubt they'll say they can meet needs though, I know they've said no to other students with similar profiles. I would predict that they say they cannot deal with his challenging behaviour.

@UnendingSaga it would be worth contacting the school to have a frank conversation about DS’s needs in case the LA has downplayed needs.

@BrumToTheRescue thanks, have chased both. Still waiting for now.

@Ponche if the LA is ignoring you, email the DCS threatening JR. If that doesn’t work, you need a pre-action letter.

Will do @BrumToTheRescue. I got side tracked today by finding out the my DS is not ‘allowed’ to do PE at school and hasn’t been for the last few weeks. Instead he is spending the time in reflection, colouring in largely. I don’t trust myself to be polite so will try to simmer down and get some answers tomorrow. His ‘extra’ day is Friday so this may be an opportunity.

That's not good @Thewolvesarerunningagain.

"Broad and balanced curriculum" are the words to utter there.

Tribunal up ahead. LA says they have reached the point where they are 'unable to reach further agreement' on the working document.

They are also saying they have consulted the mainstream Enhanced Resource Base and school are saying they can't meet needs due to there being some 1:1 provision on the plan.

Some of this has always been on the plan but apparently although school accepted him for a place some years ago, they have now revealed that they apparently 'don't do' 1 to 1 due to the 'service level agreement' they have with the LA which is small classes and TA support in class. To be fair I don't think service level agreements have anything to do with SEND law, so its just hot air.

They have been doing 1 to 1 for 3 years, in fact, but spectacularly patchy provision to say the very least.

Honest to god, you couldn't make this stuff up.