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.

@MyOtherCarIsAPorsche I am sorry to hear of a seizure last night. I hope DGS is now OK. What type of setting is the nursery DD preferred? Is it part of another state school?

@SpaceInvader321 be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies. Many will ultimately toe the party line. It can be normal for solicitors to check contact details.

@BrumToTheRescue

They admitted him overnight. He was discharged this morning. I've just got back from picking them up. Just a left sided limp remaining from his status epilepitcus - it takes a few days to wear off. He hasn't spoken yet so we don't know if it's affected his speech again. He's not quiet normally. He looks stunned.

The preferred school is a local authority school, they don't want him - his current school is an academy, which we know don't want him.

They're both saying they can't meet his needs as the 'demands' in the EHCP add up to a lot of time daily and they don't have the cash/staff.

@MyOtherCarIsAPorsche I hope there are no long-lasting effects.

Because the setting is not wholly independent, DD doesn’t need the school to agree to being named. The legislation states the parent’s preferred placement must be named unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
The bar to do this is high and DD can appeal if she wants to. Lack of staff/funding won’t wash at Tribunal. Ultimately the LA is responsible for ensuring the provision in F is provided. This includes ensuring there is appropriate funding.

@BrumToTheRescue

Do you know - those are the exact same excuses that they used to stop him going?

They said that he would prevent other children from having access to staff and learning.

I'm fuming 😤

@MyOtherCarIsAPorsche it is all too common I’m afraid.

Thanks a lot @BrumToTheRescue for explaining that. I have now received an amended final naming the school.

The school had replied to the LA in time but the LA were unaware as they hadn't yet downloaded the response...

I’ve put in a subject access request and was just wondering what happens if LAs only use your childs’s initial (as opposed to their first name) in internal/external emails? Would you still receive copies of these emails?

@Ponche they should be included if you have requested all data relating to DD. Great to hear you have the school named now.

Yes, anything that is identifiable as relating to the person must be included. So initials, nicknames, birthdates etc.

@BrumToTheRescue @SaltBlossom thank you, they’ve only used on initial e.g T for Tom, D for David. But I hope the same still applies. As the emails would still be identifiable from the content.

Hello! Just wondering if anyone can give advice on my child's draft EHCP. I see Section I is about a Personal Budget. I've looked this up but Still don't fully understand it. It is basically a totting up of the costs to the LA of the provision in Section F, then they agree to pay this money directly to the parents or school, and then the parents/school deal with sorting out the provision? Or have I misunderstood? If someone can explain it really simply I'd be very grateful!

Also, what would you say are the pros and cons of a personal budget? (If it makes any difference, we're asking for a private school place, where my child already goes, but we are paying the fees ourselves).

A personal budget is money available for some or all of the provision in an EHCP. You don't have to have one, and most people don't. It can't be used for school fees, and can't be used to pay for, say, a tutor or therapist in school unless the head agrees, but otherwise there is a wide discretion - it is most often paid to parents for them to organise the provision, but could be paid to a third party; some could even be held by the LA, for example if they can source something more cheaply if they organise it. There are some quite complex regulations about it - https://www.legislation.gov.uk/ukdsi/2014/9780111114056 - and also some information in the SEND Code of Practice.

It doesn't sound like there's any particular advantage to you in going for this, unless, say, you want to use it for your own choice of therapist or something similar.

@Worriedmotheroftwo section I is the placement/type of placement. Section J is the PB.

They said yes!!
I'm so glad I found out via voicemail as I burst into tears!
We get the draft next week, now onto the next bit!

Hi I just wanted to vent abit really... My daughter has had her diagnosis through cauldwell children I've read through it most of it is ok and confirms diagnosis which what we needed so we can consult with specialist ASD school.

However reading it it mentions sleep and that daughter goes to sleep with tablet and basically she has trouble sleeping because of this... I'm bit upset about it because actually we've had support from school nurse and from an ot and we have literally tried everything... But this isn't mentioned at all so now it looks like we just give her the tablet and that's why she's awake. When we've tried getting a new lower bed, we've got this elastic bed sheet thing, spraying lavender, limited time on the tablet, removing it altogether, going to bed a bit earlier, morning naps, no naps, earlier bed time, calming activities but literally none of these things work. Shes actually awake longer with out as we can't get her to be still and stay in her bed. She's up and down till all hours full of beans. The only thing we haven't tried is melatonin because quite frankly I do not think we would be able to get her to take it.

Glad to hear it @LAAAARGHHH.

@Mummytodo have you asked if they will amend? I wouldn’t rule out trying melatonin.

@Mummytodo I don't think they can cus they've already sent it to the drs.. I feel like it might be our only choice tbh we have tried everything

@Mummytodo HCPs can still amend. They then send an amended version to the GP.

Many thanks. There is a particular SALT and OT we would like to use (we are currently paying for the SALT ourselves so would like to continue with her if possible) so in this case is a PB worth requesting? I like the idea of having more control. Why might someone NOT want to request a PB?

@Worriedmotheroftwo a personal budget can be more work. Sometimes a lot more work.

Are SALT and OT detailed, specified and quantified in F? If so, you can try asking for a PB for therapies, but there is no guarantee the LA would agree. They can refuse if the LA can’t disaggregate the funds from larger budgets. For example, in cases where LAs commission the NHS or another provider to provide the e.g. SALT in their LA and it would be an inefficient use of resources to separate out funding.

Okay thank you, that's helpful.

Hi @Mummytodo (I'm a regular poster on here but have managed to get locked out of my account on my pc), anyway...regarding the melatonin/sleep issues. My DD has been taking melatonin since she was 7, so that's 4 years now. It was prescribed by the paediatrician at her ADOS and then taken on by our GP. I firmly believe that she makes less sleep hormones than average and there is some research that backs up that that's common with neurodiverse children, and you'll see it mentioned on here very often, anecdotally, also. She also finds screens regulating. Massively dislikes reading, not for lack of effort on our behalf.

Before we got the melatonin we had tried everything else you can think of to regulate her sleep.

I tested it a couple of times in the first year by substituting a visually identical vitamin D tablet to see if DD just thought she needed it to get to sleep. Aaaand back to the weeping, wailing, running around and hurting herself and others those nights...

You have to stand firm with these things as you know your DD best and what works for her. Sleep is important and so is not having massive stress every evening. It nearly broke our marriage up.

If you want to know more about people's experience with melatonin you will find several helpful threads on here if you search.

@thank

@Needlenardlenoo @BrumToTheRescue thank you both for this. Reading her report just made it sound like we had tried nothing and this was the easy option and basically parent blame. It made me feel pretty crap.....

As per brums recommendation I did ask them if they could amend it. It still says about tablet shouldn't be used which is just their opinion however atleast it does list the things we have tried. They have also provided some specific recommendations which I can now add to the working document supporting her ehcp for Sen provision

Hi - quick question, anyone know the likely wait for Tribunal when appealing a 'refusal to assess'? Am thinking 9-12 months, but that's just guesswork. I've ticked 'can do it on the paperwork' option, because it's pretty cut and dried.

@MairOldAlibi I submitted a refusal to assess appeal around 6 weeks ago and was given a date in November.