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.

Thanks Brum and Proserphina. Great tips and will check out the ICO site.

Yep, appealing the decision but have no concrete evidence apart from total dysregulation throughout the day without 121 support. The offer is UP TO 80% 121 and we can ask for more if needed...

Having collated the appeal pack, discovered the LA decision letter isn't signed anyway, so need to chase that before we can submit.

That was a stressful weekend because school term is back on. Horrible to see DD dysregulated so much more because of not having a school that works for her. This week is going to be fraught.
LA has told me in writing they have a shortage of psychologists available therefore they can’t do the ECHNA review at the moment. Is there a template anywhere for challenging this situation that I can adapt? Sorry to ask. I can’t do research or write with any clarity when I am dealing with the effects of school.

@Bendattheknees if you are appealing BFI for a special school placement, you really need evidence. If the current evidence is limited, you should consider independent assessments. If you can’t afford them and you aren’t eligible for legal aid, contact Parents in Need. They can help with funding.

@EHCPerhaps you can amend IPSEA’s model letters.

Thanks @Brumtotherescue was hoping we might get away with nothing official for the moment - we had covered ourselves in the appeal letter stating we would explore official evidence but wanted to see the panels reasons before going down that route.

Mediation told us that the appeal may take a year so will speak to Parents in Need and get that in train.

Definitely look at Parents in Need because without other strong evidence, you should pursue at least one independent assessment for a BFI for SS.

Thanks, as always, @BrumToTheRescue.

I see now that the Working Document is due with the CRF. I was thinking it needed to be in by the final evidence date, so that gives me a bit more time. Yay.

The LA has already added some of the amendments that I originally requested into the WD, so that feels like a good sign. But some of the wording is still so vague. I have a call with SOS!SEN next week.

Someone I know who has worked with a solicitor on their case told me that I also need to submit a Joint Consent Order application. Is this right? I hadn't heard of this before but I think this is only needed if we and the LA reach an agreement and decide not to take the appeal to hearing?

One last question: We filed an appeal for sections B, F and I. However, we're no longer looking to change settings at this time. When do I let the LA and SENDIST know this?

Thank you!

@SpaceInvader321 even after the CRF, you and the LA can continue to work on the WD. The LA hasn’t conceded, so you don’t need to worry about a consent order. It doesn’t apply to you at the minute. You can inform the LA you are now in agreement with the placement (make sure you are sure though. You appealed I for a reason.) when you send the WD back to them. It will be clear to SENDIST section I is no longer in dispute when you complete the CRF.

@BrumToTheRescue We appealed section I bc the LA had left the placement blank. They then refused to name our preferred secondary school. However, the school they named (where DC1 goes) has a really good SENCo who started last year and has made a lot of improvements. I think the SEN support will be better than at the other school we originally preferred, even though the other school has a much more 'impressive' profile on paper and is probably the better option academically.

I have my doubts about the school we're in, but not enough confidence in the other one SEN-wise to move DC at this point. I might go to some open evenings, though, to get a better look and have an alternative in mind in case the current school turns out not to be right for DS.

Or am I being naive about changing schools in the future? If DS is not getting the support he's supposed to and/or isn't progressing, what is the process for requesting a change of setting at another point? Can it be done at AR or via an emergency review?

Three weeks into school not much has been delivered in terms of provision, but I know parents with SEN kids at our previously preferred school and they're not seeing much support yet either.

Sometimes the whole EHCP thing feels like a complete scam. We work so hard to get our kids the support they need and then there's no accountability when the support isn't delivered.

@SpaceInvader321 if you need to change placement in the future, you could request an early review. However, the LA doesn’t have to agree to an early review and there’s no right of appeal if they refuse. If that happened, you would have to wait until the AR. During the AR process you can make it known you would like a change of placement although the LA may not amend or may amend but not named your preferred placement so you may have to appeal.

Provision detailed specified and quantified in F can be enforced if it isn’t delivered. Email the school, reminding them the provision must be delivered. Also, email the LA because it is the LA who is ultimately responsible for ensuring it is provided - IPSEA has a model letter you can use.

Hi. Hoping one of you knowledgeable ladies may be able to help.
In the midst of appealing BF and I.
I’ve asked the LA 3 times now to keep me informed if they consult any other schools. They just ignore my request, they answer other elements of my emails, but it’s obvious now that they are deliberately not answering this question.

Do they have to tell me who they are consulting?
Would a freedom of information request give me answers to this?

many thanks

@PeaHen99 It would be a SAR rather than FOI request.

Do you know if the LA has consulted other settings? They might not have, especially if you are still early in the appeal process. Depending on where you are in the appeal/how much the is LA stalling, you can also raise it with SENDIST and ask they direct the LA to share the information. If you have a TCMH, you can raise it then too.

Thank you@BrumToTheRescue really appreciate your advice.
What is a TCMH?
I’ve asked my tribunal officer 3 times now if I can be kept informed if any other settings are consulted but he ignores the question.
it could be that they haven’t sent out consultations yet as I’ve only just started on the working document but he could easily just tell me no other schools are being consulted .
I didn’t realise SENDIST may be able to help. Thanks

@PeaHen99 a TCMH is a Telephone Case Management Hearing. It is a hearing with SENDIST. Not like a final hearing, a shorter, smaller hearing dealing with issues to ensure the case is ready to be heard/problems dealt with. They can also encourage settlement (at least for some of the disputes issues). SENDIST sometimes instigates a TCMH or parties can request one using a SEND7. You are fairly early in the process, so I would continue to hound the LA. If the Tribunal Officer is ignoring you, you could try the Director of Children’s Services &/or the Monitoring Officer.

Well I thought I had it sorted - the sessions outlined on the plan all had a purpose, a time, a number of sessions etc but I've asked college when they're going to be instated and basically they aren't. Not even SALT because apparently they don't do SALT. So WHY did they accept DD into the college with her EHCP then? I'm flipping furious.

I've contacted the case worker, SENDIASS and asked the college person (SENDCO I hope) for a meeting. Not sure what more I can do. It's infuriating!

Be careful with SENDIASS. Some are good, but too many are not.

Remind the college and LA the EHCP is a legal document. It is the LA who is ultimately responsible for ensuring the provision detailed, specified and quantified in F is provided. If it isn’t, IPSEA has a model letter you can use. If that doesn’t work, you need a pre-action letter. SOSSEN can help with that, but there is a wait, so you might want to look elsewhere.

Things like SALT may be delivered away from the college or on the college site but by an outside provider. Unless the college is wholly independent, the LA didn’t need them to agree to accept DD. They can be named anyway, even if they object.

Thanks @BrumToTheRescue I think it is well detailed, specified and quantified but how do I know? Before I use the IPSEA template so you know who I should be asking to check it over (I'm willing to pay for the service if that's what it takes)?

@QuickFetchTheCoffee start by looking at the wording in F. Look for wording such as “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “regular”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”, “might be helpful”, “support from an adult”…

SOSSEN can help review the wording to see if it is enforceable.

As part of my appeal I asked the la to consult with a Sen school, they didn't respond so the tribunal ordered it. Since then I have sent my working document back to the la in August and twice asked when I will receive the WD back and the consultation response from the Sen school. Both emails have been ignored so today I have contacted the Sen school directly and asked if they had received the consultation request they advised they have but have not yet responded but gave me no further details. I thought they had 15 days to respond? Is there anything I can do to hurry this along?

@Mummytodo when settings are consulted during the draft process, they should (rather than must) respond within 15 days. In an appeal, it isn’t uncommon for the consultation responses not to be submitted until the evidence deadline. Or after this if consultations happen later in the process. Did SENDIST give a deadline for the LA to submit it? Sadly, the WD turnaround is often slow. If the LA fails to engage with the WD process over a longer period of time, SENDIST can direct them to participate. As frustrating as it is, for now, keep chasing.

Thank you @BrumToTheRescue the evidence deadline is OCT. I am hoping to get all my evidence in before the date and at the same time advise Sendist I have had no engagement.

Gosh you do really need thick skin to get through this process

@Mummytodo some don’t engage much with the WD process until after the evidence deadline. And even then it can be like pulling teeth.

I was hoping they will concede but realistically Its very evident DD needs Sen school so it's just another cost saving exercise for them to delay

There’s still time for the LA to concede. It is infuriating, but LAs concede right up to the day of the hearing.

Thank you as always Brum. I'm very lucky that daughter has a very good mainstream she is getting 1:1 full time despite it not being funded I know others are not so lucky