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.

@BrumToTheRescue that makes a lot of sense, thank you!

Great news here. LA has finally said they will name our preferred school (also current school) in the EHCP so my DS can stay there for secondary. It seemed inevitable but I was so worried they'd pull a last minute dick move.

We are continuing our appeal over Section B and F, primarily because I don't want to be the one to withdraw it. But given they've just asked me to indicate the changes I want I'm hopeful we might resolve that before tribunal too.

Well done, @UnendingSaga!

Still no sign of the amended EHCP naming the setting, but I sent off the SEND35 form and document earlier today.

My SLT and OT don’t offer attendance at tribunal. Do you have to have witnesses? Or can the reports speak for themselves? DD’s needs and provision required are clear in
both reports.

We have recently started sensory integration therapy with a different OT as the report writer had no capacity. Will details of progress made over the sessions be good evidence to back up why sensory integration therapy needs to be included in the EHCP? It’s included as a recommendation in the OT report along with references to evidence of its effectiveness.

But as part of the report ‘verification’ process, the NHS OT (who has never met my daughter) said the needs in the report don’t justify the need for direct therapy and a sensory diet (already in place) will be enough.

The NHS SLT said it’s unlikely any NHS provider will be able to provide the level of support detailed in the private SLT report - surely this just means the LA need to find a private therapist who can? Does this count as more evidence in my favour?

Without witnesses on my side on the day, I’m worried about being able to properly articulate why DD needs this level of support, even though I know she does. And even though the reports make her needs clear.

I can only speak for myself but I felt the written evidence made the best case I could and it was done on the papers, so I didn't need any witnesses. I did write quite a lot of commentary myself.

@UnendingSaga That is fantastic news. Really pleased for you.

@UnendingSaga Hurrah!

@Ponche witnesses aren’t essential. Yes, you can ask the new OT if they will write a report/statement and use that as evidence. It isn’t unusual for the LA &/or NHS to say something isn’t necessary. Particularly when it comes to SIOT. Doesn’t mean SENDIST will agree. The provision in F should be what DD reasonably requires to meet the needs in B. Not what the LA, NHS or school can provide or typically provide.

@Phineyj @BrumToTheRescue thank you both.

A setting is not yet named in the final EHCP, so does this count as me appealing Section I as well? I ticked the box to say no setting is named. Or does it just count as me appealing B and F?

Just asking as I’m wondering if at some point I can request for the tribunal to be brought forward due to phase transfer? Or can you only do this if a setting has been named and you want a different one to be named?

Sorry, had another question. What kind of questions should I be asking independent educational psychologists, as I’ve just started making enquiries.

Can formal cognitive tests be done on 3/4 year olds? What sort of age is the earliest they can test IQ? Or is this something I shouldn’t worry about yet.

@Ponche if there is anything detailed, specified and quantified in F and no placement is named in I, have you asked the LA how they intend to provide the provision?

Yes to appealing section I. Did you complete the section on the placement you want named and their details/response? Or if you don’t know your preferred setting yet, a type of placement? You won’t be able to request an expedited hearing on the phase transfer basis yet. But you could try on the basis of DD being out of nursery/education.

Cognitive testing can be done with 4 y/o’s. Although obviously it isn’t going to be the same as you would do with a teen. Don’t focus on IQ because sometimes it is difficult or impossible to draw a conclusion on that for those with some SEN regardless of age.

I would start with:
When can they assess?
Cost?
Do they have experience of writing reports for SENDIST?
Are they prepared to attend a hearing as an expert witness? (Even if you don’t plan to ask them to attend, you may change your mind.)
Where do they assess? (Some travel to you, some you travel to them, some will do both.)
Depending on the answers I might move on to:
How long will the assessment be?
If DD will be attending nursery, will they observe DD at nursery, both alongside peers and adults, structured and unstructured times? (Some do, some don’t.)
Will they undertake any formal assessments?
You already have SALT and OT input, but are they able to make recommendations for further assessment by other professionals if they are needed in their opinion?

Day 19 since the SEND35 was sent to SENDIST and still waiting for it to be listed. I know it’s going to be months aways but I just need to know!

Some (maybe) good news here as well - EHCP is being drafted now! There was no advice from DD's college and it's a month late but at least they have now started.

We were supposed to have mediation tomorrow but LA e-mailed yesterday and said they've decided they are now going to assess DS. I know it still doesn't actually mean he'll get an EHCP but at least things are moving in the right direction. Having said that we did send 40 pages of evidence to the LA.

That is good news @Crystallizedring and @QuickFetchTheCoffee.

Does anyone know if the LA can change the named school during the appeal?
I have plenty of evidence that the school currently named cannot meet needs.
my concern is if they change the named school during the appeal I may not have the opportunity to establish for myself if the new named school can meet needs.
My preference is an independent specialist and I fear the LA will do whatever they can to avoid this school being named!

@PeaHen99 they could. If that meant you didn’t have sufficient time to assess the school/make your case, you could request to push back the hearing. Is the independent a section 41 independent of wholly independent?

@BrumToTheRescue thanks for replying.
yes, school is wholly independent. It’s applying for section 41 now. They have offered DS a place.

Do you know if there is a deadline by which they could do this? Would they have to make this change when they are opposing the appeal?
Surely they couldn’t do it after the evidence deadline has passed?
Do they have to tell me if they are sending his EHCP out to other schools?

Sorry to bombard you, it just seems like the LA have additional hurdles every time you think you’re getting somewhere

@PeaHen99 I have known LA try to put another school on the table right up to the hearing, I’m afraid. Including it leading to an adjournment. It isn’t uncommon for LAs to consult with schools before informing parents.

@BrumToTheRescue Wow, so child out of school for even longer if the case is adjourned.

It’s astonishing what they are allowed to get away with.

Thanks for sharing info

@PeaHen99 it also varies somewhat on the judge as to how much/how late LAs are allowed to get away with things.

Have had an email from the send team suggesting an informal meeting so they can "learn more about dds needs and the provision in place". They state that this meeting is offered prior to any formal mediation.

Having refused to respond to any questions for the last six weeks, I am cynically assuming that now they have received the refusal to assess appeal paperwork and date, they need to find something to argue against my point that without assessing they cannot accurately state she doesn't need an EHCP. Not sure I understand the point about it being offered prior to formal mediation when I have already declined mediation and appealed?

Is it worth me going - I guess I have nothing to lose while waiting for the appeal date, but don't want to shoot myself in the foot by giving them anything they can use against us?

I also note that they have waited until the day after the official end of term to email and invite the Sendco to attend.....

@handmademitlove I would attend. It isn’t delaying the appeal and you want to be seen as reasonable during the appeals process. Follow up the meeting with an email so you have evidence. The SENCO may be working at points over the holiday.

@BrumToTheRescue thanks. I have accepted and will see what they have to say!

Hi everyone! I haven't been on the thread for a while but I hope you're all well.

Coming back with some good news and some questions. The LA conceded our appeal against a refusal to assess, and have said they will start the NA process in 14 days. I got some great advice here so thank you!

My questions:

• LA conceded before their deadline to respond, so am I right in thinking no other paperwork needed to/from SENDIST?
• my DS starts finishes nursery last Friday in August and starts reception second week September. I'm concerned that the LA's timescale for the assessment coincides with a period when he's not in a setting and then a period in a very new setting. Can I ask that they delay the EP assessment until he's been at school a few weeks? Will the EP report account for this? And will they ask for a report from his new school - who seem great and v supportive, but don't really know him?
• We submitted his ADOS report, by an SLT and a paed, and a private OT report with the appeal. Both are less than 6 months old. Should I ask for a full SLT assessment as part of the NA? The ADOS report states that direct and indirect speech therapy is needed, and we agree with this.

Thanks in advance.

Hi @BusMumsHoliday I would ne surprised if they immediately rushed into action with the EP tbh! It's holiday season and they'd probably have trouble making arrangements with the school till September. I would hope you might be able to delay the assessment till 6 weeks in when there will at least be half a term of data.

Regarding SLT, although my daughter did not really "need" the council SLT or physio, I still found it useful to have them. She does have some subtle communication needs and has some physical issues like hyoermobility - I agreed that nothing particularly needed writing into the EHCP for those aspects but was still glad we'd done everything (we have mostly SEMH issues here).

Top tip: if you yourself book in assessments it's quicker than letting the LA fart about. You just need to find out who they've "commissioned" for each one.