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.

We did exactly that for transition to secondary. We sent the local mainstream SENCO the EHCP and said please do read it carefully.

We urged them to think about whether meeting the many and varied needs was realistic in their setting.

We had very open conversations with SENCOs at schools we visited as well. This was useful, for them as well as for us.

I believe LAs do try to put pressure on schools to say they can meet needs even if its a set up to fail scenario. Hard for schools to rebuff such advances.

Thankfully our EHCP is very clear on his personality, it caused us a bunch of issues when he first moved out of mainstream and nobody would take him. I did email this one though and asked specifically about challenging behaviour so they'll keep an eye out. Being an independent specialist I don't think they'll have a problem saying no. I was more worried about the local authority specialist, but they were very clear they couldn't meet his small classroom, private space and 1:1 needs.

@UnendingSaga even if you have spoken to the school previously, if the LA are consulting now, I would speak to them again.

@Thewolvesarerunningagain as well as a broad and balanced curriculum, I would mention the school’s duty under section 35 of the Children and Families Act 2014 to ensure pupils with SEN engage in the activities of the school together with pupils who do not have SEN. And if they think they meet one of the exceptions to that (i.e. that is not reasonably practicable or is incompatible with the efficient education of other children or the efficient use of resources or stops DC receiving the support they require) why they think that and what have they put in place to mitigate those factors. Follow up your conversations with emails so you have a paper trail as evidence.

@BrumToTheRescue my email about challenging behaviour was yesterday, and I told them the consultation was coming. Then this morning I followed up their reply with some more details because I was thinking of your advice. Thank you.

@Thewolvesarerunningagain that's really poor about the PE, definitely follow it up. PE is a bit of a disaster area for my son, but the school have worked with that and come up with something that works for him. Kids with SEN usually need more movement opportunities, not less!

Apologies @UnendingSaga, I thought you meant you had previously emailed.

@BrumToTheRescue thanks, I just checked and we’re not eligible for legal aid. Last time I checked, SOSSEN weren’t able to say how long their wait is. But I’m guessing it’s at least 3/4 months. Not sure it’s still worth registering for this?

The caseworker replied and called me yesterday. Apparently the private reports are being verified because the report writers have a ‘vested interest in them as parents are paying for a service’. Well if that’s the case, the NHS should have done their own assessments/reports. Oh yeah, they didn’t want to.

They offered to finalise without the SLT/OT reports to meet timescales (and add amendments later) and I declined this option, as I don’t trust that they will make any further amendments after the final has been issued. And also what would be the point of it without those critical reports?!

The DCS didn’t reply to my email threatening JR.

If I could stretch to it, I’d send the pre-action letter tomorrow, but unfortunately that’s not the case at the moment. I have exhausted all options up to this point and got nowhere really.

I’ve emailed the NHS SLT and requested call backs from both NHS teams to query the delay in verification and will be complaining tomorrow.

@Ponche LAs have a vested interest in limiting provision, but they are still allowed to write EHCPs…

The point of finalising now is to not delay your right of appeal. If you think you are going to have to appeal once they eventually finalise, you should push for them to finalise ASAP, then appeal. This is what I would do. If the LA has offered to finalise, if you send a pre-action letter, they will more than likely finalise, anyway.

Mediation was arranged for the other day.. the LA didn't show... I am not even joking, apparently this was a first. I have written many emails complaining, the higher up ones are keeping very quiet. I didn't expect much from meditation but had hopes that they may take younger DC's case back to panel, as there is undeniable evidence mainstream is beyond unsuitable. Surely I should be heard out, its not everyday you get the opportunity to conversate with LA, its mostly emails which are ignored I'm sure. I have had contact from the CWO dealing with appeals, and she has apologised on behalf of the no show LA rep. I am thinking I am on the upper foot currently and this should not have happened. Can the tribunal be informed about this?

Morning all
Appeal submitted weeks ago to la appealing sections I, b and f. La have actually now named a ss and sent a draft ehcp naming it advising they will finalise in 2 weeks and be aware of rights to appeal. There is currently an open appeal already with sendist and their response is required by 10th July! Is this normal sneaky tactics?!

@Wednesdayy123 it shouldn’t happen, but sadly it isn’t unheard of for LAs not to turn up to mediation. It isn’t even unheard of for LAs not to turn up to tribunal hearings. When you have the certificate, submit an appeal.

@246810k draft EHCPs must not name a placement. LAs sometimes amend and issue another EHCP. Not a problem, your appeal will still stand. If section I is settled, brilliant. If not, it can remain part of your appeal.

I went ahead with mediation as we had nothing to loose, I received certificates months ago ds's appeal is registered and dd's was yesterday. It's annoying as I prepped for mediation and was so let down. Its just a long journey to get them to even agree to specialist, I was hoping for them to take it back to panel after meditation. I don't think dd can do another year of Ms. I don't want both out of school, but it may go that way.

I have a tribunal question. The LA (with a few weeks to go) are contesting a previously undisputed part of section F (provision) in the Working Document. They asked us to bring our OT as witness, now impossible as they will know as she is booked up months in advance.

She has given us a statement to clarify provision. If we want this to go to SENDIST as late evidence, we will have to ask the LA for permission.

Can they use this late submission to potentially delay a hearing date when we have one booked? Just weighing up if there are any pitfalls in going this way.

@Alltheyearround normally, you would seek the LA’s views before submitting a SEND7 to SENDIST. Because of how close you are to the hearing, I would submit the request to SENDIST and copy in the LA simultaneously. Even if the LA object, it doesn’t mean SENDIST will agree with them. Especially since the statement is in response to the LA asking for clarification. It will more than likely be accepted.

The LA could request to push back the hearing, but again, just because they request it doesn’t mean SENDIST will agree. As above, especially since the statement is in response to the LA asking for clarification.

Thanks @BrumToTheRescue. Do we submit a SEND 7 form and the evidence together or just SEND 7 first and the evidence once accepted?

Thanks.

@Alltheyearround send both together.

Hi all. Sorry to hear so many of you continue to have to deal with your LA's shenanigans.

DCs' Plans have officially been in effect for a few weeks now. Y6 child's school day is dominated by all the end of year/end of primary stuff, so not a whole lot is happening with provision . Y8 kid has had some helpful 1:1 time with SENCo, so that's a start. The senco said they've requested more funding to cover the EHCP provision. It's supposed to go back to panel in a few weeks. I forgot to ask what happens if the LA says no. Is there any way to push for more funding from that point?

@SpaceInvader321 focus on F being detailed, specified and quantified. If F is detailed, specified and quantified, the provision must be provided and can be enforced. Ultimately, it is the LA’s responsibility to ensure the provision is delivered and they must fund it at a level where the provision can actually be delivered. So, start by checking if F is written in a way that is enforceable or if it is vague and woolly (i.e. not worth the paper it is written on)?

Following completion of the tribunal, I have been emailed the draft EHCP.

Is there anything specific I need to ensure is explicitly explained before agreeing to it? ie if we want him to have a 1-1, that sort of thing.

I would just rather question it now, basically.

@Coatsy if 1:1 is required, it must be detailed, specified and quantified in F. Do the reports include 1:1 without vague and woolly wording?

Go through all the reports with highlighters. Highlight all DS’s special educational needs in one colour and all the provision to meet DS’s needs in another colour. Each need should have corresponding provision. There should also be corresponding outcomes.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F. Make a note of anything the LA have omitted from the draft, any needs without corresponding provision, any woolly and vague wording, and anything the reports have failed to include.

When checking F look out for vague and woolly wording - “access to”, “or equivalent”, “opportunities for”, “as appropriate”, “would benefit from”, “regular”, “up to”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. If provision isn’t detailed, specified and quantified, the EHCP isn’t worth the paper it is written on and cannot be enforced.

When you come across vague and woolly wording, check the reports to see if they are woolly and vague or if the LA has watered down provision. Provision in EHCPs is taken from the reports, so if the reports are vague and woolly, the EHCP will be too. If the reports are vague and woolly, ask the LA to go back to the report writer(s) to make the reports detailed, specified and quantified. If the LA has watered down provision, when you make your representations, make sure to request the LA sticks to the wording in the reports.

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.

Having a wobble about SEND7 form. Filling it out today, it says the tribunal will send it back if we haven't consulted the LA/other party 1st before sending. Delaying by 5 working days whilst the LA take their merry time contemplating it will bring it very close to tribunal date though. It's all drafted and ready to send with reasons about LA contesting unexpected areas late in the process and telling us school can't meet needs.

As above, the LA said in an email last week that they have consulted with DS's current mainstream school and school say they can't meet need. I think they could if they had the money from the LA, as that is what the head has said multiple times (the new stuff around SALT will be a therapist coming in, so no cost to school except to free DS from lessons to attend, I can guarantee its the TA 1 to 1 time for OT stuff that is causing school to say can't meet need).

How do we flag this up to the panel/judge? Should we send our minutes of the AR where all this was discussed/and the email sent to us by LA, or just raise this verbally on the day? Seems better for panel to be aware in advance to me but as its our 1st tribunal we don't know the protocol. It would be useful to have the judge order that school should provide and have funds released to do so if that is in their power.

Any thoughts @BrumToTheRescue?

I have a question.. I want to name wholly independent school for DD. I am finding out later today (hopefully) if specialist is agreed. Hearing is in May. But I am going to request expedited, will have EP report in August. Do I have to have all the communication with the school? I am guessing LA won't entertain it.

@Alltheyearround normally you do have to seek the LA’s views first. But being very close to the hearing date if you seek the LA’s views first is why I said send to both at the same time. This is OK. On the form, explain why you have sent to both at the same time rather than seeking the LA’s views first. Also, explain the late evidence is because the LA asked you to seek clarification from the OT. You aren’t appealing section I. Ignore the LA’s game playing in relation to that. Provision in F is about what the child reasonably requires to meet their needs. Not written to fit a placement. The school can provide it. They just don't want to. The LA can (and must if SENDIST order it is in F) fund it at an appropriate level. They just don't want to.

@Wednesdayy123 you will need an offer of a place from the school, yes. Later you can add other relevant/required documents, such as if DD has a trial/assessment.

LA agreed to assess DS on June 6th, finally got a response from caseworker last week to say "no chance the ed psych is seeing them before December". Caseworker said if nursery would pay for a private educational psych then they may be able to reimburse them, however after offering to pay as parents for one that would meet the criteria been told that they wouldn't accept that for reimbursement and understandably I m expecting nursery to come back with a no.
Any thoughts on where we go from here? If we have to find the money to pay ourselves then we d figure it out but I m also considering going to a pre action letter then judicial review after we ve put a stage 1 complaint in.

Thanks @BrumToTheRescue have been ill and its knocking my confidence but we will proceed as you advise. Thank you for the sanity.

I keep reminding myself we have overcome almost every challenge the system has thrown at us so far. Just have to hold our ground.