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.

@Alltheyearround as difficult as it is, try not to let the LA get to you. You can do this.

@1995SENNDMUM remind the LA the timescales are set out in legislation and are not optional and if they do not comply with the timescales, you will be forced to pursue legal action. The timescale of the normal complaints process is too slow, so the appropriate remedy is via JR (which is a remedy of last resort) if necessary, rather than via the normal complaints process.

Thank you, I've raised that we're aware they are breaking the law a couple of times without going through the complaint process and made the caseworker aware if we can't iron out their paying for the private ed psych that, we'll consider legal action, but they don't seem bothered on the threat of it so far.
I've been able to get through to someone at the legal aid helpline today, and they've put me through to educational specialist solicitors who have said to ring the day the 20 week deadline expires and we sound like we can get the pre action letter covered under legal aid with them.

20 weeks is the 1st week of September but i m wondering if actually a solicitor should have said they'll be able to help legally at week 16 because then the LA haven't obtained the advice and told us if they can/cannot issue a plan. If that's the case maybe I can ask civil legal advice service if they can refer us through to different legal aid provider who would help that 4 weeks earlier.

@BrumToTheRescueok, let's assume the LA concede or it goes to tribunal and the provision is accepted by panel/judge and written into the final.

What happens then about the school says can't meet needs business? Do we just sort out a pre action protocol letter to the LA saying provision must happen (in current setting)? Am aware we won't have much of the school term left after the tribunal date and it would be good to put it all to bed before school breaks up (she said, wistfully).

To everyone here fighting their child's corner (and those assisting)

@Alltheyearround provision detailed, specified and quantified in F must be provided. It isn’t optional, and the LA is ultimately responsible for ensuring provision is provided. If it isn’t provided and communicating with the LA doesn’t resolve the situation, you would need a pre-action letter. That works most of the time.

@1995SENNDMUM if you aren’t getting anywhere caseworker, have you emailed the Director of Children’s Services informing them you will be forced to pursue judicial review proceedings if they fail to comply with the timescales? If the LA is going to issue, they should send the draft by week 14, but this is a should rather than legally must. Although you can send IPSEA’s model letter about this once you get to week 14. If the LA isn’t going to issue, they must inform you by week 16 - that is a must legally. Anyone (from public bodies) asked for advice must respond within 6 weeks of the request. If the LA can’t assess in-house within the timescales, they should commission an independent assessment directly. You or the nursery don’t have to.

I haven't gone to the director of children's services yet, I will definitely do so now.

The LA have basically said, they won't commission privately themselves and that they will cover 1k if nursery will commission and only as a refund after the fact which understandably is a risk they won't be able to take.

When I said to them today, i've found an educational psychologist myself that has availability just outside of the 20 weeks deadline and asked why can't they directly invoice you the caseworker said has to be the nursery/school to do it. So I definitely think we re going to need the JR to get them to pay for the educational psychologist.

You may find the LA’s stance changes either when you tell the DCS you will pursue legal action if they fail to comply or later down the line when you send a pre-action letter and the LA sees you are serious.

LA have today missed the 4 week deadline for decision following annual review. I'll be getting my letter ready to send to the director of children's service then.

Oh god… I can’t believe what our LA have done….

lo in yr 7, not attended since Dec as school not right, needs specialist/independent/ASD school.
school agreed can’t met needs, Ed psych agreed
emergency EHCP review
LA agreed to consult with independents,
had taster days, interviews, visits
school offered place, back to LA who rejected and advised current school can meet needs.

spent last yr in tribunal (to get special sch, lost tribunal but they got Ed psych involved)

back to tribunal again! My poor child I’m devastated that they are being so let down

i have to find the fight again

@Ilovethewild I’m sorry your appeal was unsuccessful.

@BrumToTheRescue thanks a lot for explaining everything. My only worry about finalising as it is is that there will be no OT/SLT input in there, and just the ed psych report.

I will give them a couple of more days. Apparently the OT report has been verified and the SLT one will be discussed today and I ‘should’ get the draft tomorrow. Let’s see.

Do SOSSEN still offer a draft EHCP checking service? If so, do you know how much it costs and if there is a wait? I’ve just filled out the enquiry form but was wondering about the cost.

By verified, I mean the OT team have got back to the caseworker and they had a meeting with their manager after I called to discuss what to include (and not).

I asked if I could be told what the OT team said and apparently I can’t until the discussion with the manager takes place.

Also, the EP was happy to make some changes and sent over an amended report. Just hope I requested sufficient amendments.

@Ponche if you don’t get a draft tomorrow, I would push the LA to send a draft/finalise ASAP. I understand you are worried it will mean there’s no OT/SALT. But it is likely you will need to appeal anyway to get F watertight with OT and SALT. Delaying finalising delays you appealing. The LA could amend once they have finished their nonsensical ‘verification’ process and if they don’t, it is unlikely they would have included the content to a satisfactory standard even if you had waited.

SOSSEN still offers a draft checking service for £100. There isn’t a long wait for draft checks like there is for pre-action letters because of the quick turnaround that is needed for drafts.

@BrumToTheRescue do you know what happens if the LA agree to amend DD's ehcp for a new placement in, let's say early July, but the next specialist panel isn't until December? She isn't attending her mainstream and isn't willing to access education at home or via tutors. She's basically doing nothing except recovering from her anxiety.

@Ilovethewild sorry to hear.

Can I ask whether anyone has had experience of requesting expedited hearing, and what time it has saved? I will be doing this hopefully end of next month.

I requested an expedited hearing and it saved about 5 months. So it made a significant difference as it meant the EHCP was in place before transition to secondary rather than the tribunal happening when DD had already started secondary.

The school are decent and would have put her on the list of students "in the system" and given her additional transition and support anyway, but it was a relief to my mind, especially as it meant we had to change school place status from a regular place to an EHCP place as well.

Also @Ilovethewild sorry to hear you are dealing with muppets too.

@SaltBlossom from your previous post I assume you mean following AR? The ‘panel’ not being until December is irrelevant. The timescales are the timescales. If the LA is going to amend they must finalise within 12 weeks.

Have you requested alternative provision that is actually suitable (i.e. if tutors aren’t suitable, something else that is)?

@Wednesdayy123 it depends on what SENDIST has available and the circumstances of the case. It can save a couple of months right up to 6 months ish.

@Phineyj @BrumToTheRescue thanks, that sounds positive.

@BrumToTheRescue I got the draft today, it’s a load of rubbish. Will definitely get it checked by SOSSEN.

The direct therapies haven’t been included but nor have other OT/SLT recommendations that I did think would be included.

I made it clear that I don’t agree to the NHS SLT report being used (several months old, not written as part of the EHCNA process) and of course it’s been included and the recommendations used word for word.

Need to go through my reports to cross check everything. Also have DD’s ASD assessment appointments this week and next, so will have to get cracking.

@Ponche that doesn’t surprise me. It is rare for a draft to be watertight with no amendments necessary. Particularly in relation to therapies. You can request longer if you need more than 15 days.

Please can I have some advice. We are appealing section b f and I. EHCP named mainstream who cannot meet need. School agree and believe daughter needs an autism school

I did not ask the LA to consult with this school prior to the EHCP being finalised as at the time my daughter did not have a diagnosis which is an admission criteria for the school.

We now had diagnosis. Can I ask the LA to consult with this school whilst we are awaiting appeal. The date we have been given by Sendist is June 2025. Is there anything I can do or the school can do in the meantime?

@Mummytodo do you have it in writing from the school that they can’t meet need and a SS is needed in their opinion?

You can request the LA consults with the school.

You can ask for the hearing to be expedited. It isn’t guaranteed though. You would need good reason e.g. DD out of full time school. A paper hearing would be quicker, but that is riskier for BFI appeals.

@BrumToTheRescue yes I have a copy of the consult from the current school as I did a SAR with the la. Sorry what is SS?

Thank you. She is in school but often doesn't get there until 11 and finishes around 2:30 but the school are logging it as a reasonable adjustment

Think it's special school