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.

If you have had a draft you should have already had the opportunity to state your preferred placement. The LA does not have to issue you another draft if they aren't going make any amendments or the amendments made are a result of your representations (and to name a type of placement/placement where relevant). The LA can finalise without consulting you again. This is in 9.125 of the SENCOP. However, if the LA makes other amendments, they must reissue a draft.

I know you will all feel my pain but .... ARGGGGHH.....

I queried a nil response from one of the services asked for advice as part of the EHCNA. This service kicked her of the waiting list for assessment without actually assessing her. The response from the LA is basically "with regards to your concern over their nil response not including needs, provision or outcomes. I have checked this and been told that only services that are in contact or offering a service to that young person can do this"...

I asked what other responses they had received and was told all services consulted except EP and medical have returned a "not known to service" response...

So not following SENCOP. But how to argue that their procedures are wrong? It is clear that she has significant sensory and language needs and an OT / SALT assessment is needed to understand needs. If they are not willing to push this, what are my options other than email director of service and complain?

She is yr11 and has exams in 6 months - so time critical....

Rant over... for now.... 😔

The best way to go is to email the DCS pointing out the responses are unlawful. You can use IPSEA’s model letter.

If emailing the DCS doesn’t work, rather than go down the formal complaints process, you could, in theory, look at or at least threaten JR because the LA must seek advice and information from anyone you reasonably request they seek advice from. However, many don’t go down this route, not least because it doesn’t guarantee a watertight report, anyway.

How long does one reckon you should give the DCS to sort something out? Acknowledged my email asking why they weren't going to do a SLT assessment on Monday and asked the head of SEN to look into it.

I mean, it's quite bold not to do a SLT assessment for a social communication disorder, sure a tribunal would be thrilled.

We have a 2 week half term here this week and next week but DC has one assessment tomorrow (physio) and OT booked in for after half term in school. Conscious clock is ticking and they do not seem to have arranged anything EP wise either.

I would give it a week from the acknowledgment, then chase again.

Week seems reasonable, thanks.

@Macramepotholder it is rubbish isn't it! But sounds like your LA is slightly better than ours 😔 I have spoken to others who have EHCPs for autism and none of them had SALT or OT assessments - just relied on the EP report. So frustrating. I have sent my complaint to DCS and told the case worker I have done so. Not expecting much of a reply...
We have medical booked in. When I pointed out that the appointment date was weeks past the decision date, the case worker said that was fine as they weren't likely to have the EP report before then anyway!

I am thinking of signing up for the IPSEA SEN law courses - has anyone done them?

IPSEA’s courses are helpful.

Well they haven't booked in the EP yet! Did get a reply from the head of SEN saying he would respond within 10 days. They'd better get a wiggle on as reports are due mid November.

@MinnieTruck sounds like your DD is doing brilliant, that's great to hear! The nursery seem really on top of things too, which is one less thing to worry about.

DD is doing good thanks, she's settled in to the nursery and has bonded well with her 1:1. She's also showing more interest in the other children too which she wasn't doing at her previous nursery. So far, so good (hope it stays that way!). The appeal is stressful at times, but just plodding in and hopefully it'll be worth it in the end.

@BrumToTheRescue the LA have asked the NHS OT team to conduct a sensory OT assessment. Shall I refuse this? Or will refusing reflect badly on me during the hearing?

I don’t think it’s in DD's best interests to be assessed again when she was only assessed in May. And I’m happy with my private report and don’t want this to be disregarded in favour of the NHS one, which I’m sure will be less detailed and less specific. Just have an uneasy feeling about this.

@Ponche ask the LA why they don’t believe the existing evidence is sufficient and raise concerns. If the assessment goes ahead, also discuss your concerns with the OT. However, I would be careful about outright refusing. LAs like to point out when parents are not allowing access and make parents look unreasonable to SENDIST. They can also ask SENDIST to direct access.

Hi all, I'm right at the beginning of the process so just introducing myself 😊 I'll try and keep it short...
I'm the mum of a 13 year old boy. Currently in year 9, but has not gone back to school (only for the odd hour) since September. Sadly EBSA has been ongoing since year 7 but much worse this year.

He is diagnosed with dyslexia and ADHD. (as of this week actually!!) school were extremely unsupportive of me pursuing an adhd assessment. Assessment picked up on quite a few learning difficulties too, and the psychiatrist was shocked that neither school he's been to had suggested an education psychologist because his needs are not being understood at all.

I applied for a parental request for an ECHNA (because school did not think he needed one... "they don't issue ehcp's for non attendance" is what they said to me 🙄) early October and it went to panel on 24th so just waiting to hear back from that.

From my own experience and reading your battles, it makes me so angry that we have to fight this hard to ensure our children have the opportunity to thrive! Wishing good luck to everyone

Thanks @BrumToTheRescue , I’m glad I asked before refusing. I will go back to the LA but I’m sure they’ll say the NHS team are challenging some aspects of the report, as that’s what they said in the initial response to the appeal. So annoying.

I already know the NHS team feel some of the interventions in the private report are unnecessary (I disagree), especially the sensory integration therapy, so am just worried about the NHS report being favoured.

Doesn’t seem like I will be able to say no to the assessment.

@10pfreddos is alternative provision being provided?

@Ponche of the independent OT report is a good report, the OT should have/should be able to justify the content. If the LA/NHS highlight specifics elements they disagree with and you can afford it/the OT has capacity, you could get them to write a statement in response. If you want to refuse, you can, just be careful doing so.

@BrumToTheRescue Nope, I asked for it and the school said no. However I know the LA are the ones who have the duty to provide alternative education if a child has been missing for education for 15(?) days.

Does anyone have experience of the process? I'm not really sure what to expect from it, but it is on my to do list.

IPSEA has a model letter you can use. Provision should be provided once it because clear 15 days will be missed. The days don’t have to have already been missed or consecutive. And provision should begin be the sixth day of absence.

DS1 and DS3 have both previously had alternate provision made for them under s19 of the Education Act 1996.

@BrumToTheRescue
Finalised plan is here. Everything is perfect thanks to you and everyone on here for crucial advice.
Only thing not what I asked for was the placement. They have written in I the following :
Type of setting : Special, LA maintained
Name of setting to be confirmed.
DD will remain at current school until she transitions to a special school.

What happens now? Co ordinator is on holiday and incommunicado. The school I know that is best for DD is the LA maintained special school, so I'm happy about that but I'm unclear what is happening.
Do we have to wait till a place becomes available?
Is DD added to a database / waiting list?
What if a place becomes available at a different school, will the LA send her there even though it's not my choice?
I am so close but it seems still so so far away.
Any advice as always is massively appreciated.
Thanks

@Onegentlepeer you need to appeal. Also check B&F carefully because section I is the natural conclusion of B&F.

The appeals ordeal continues. The LA would not submit the school's witness statement and provision costings and repeatedly claimed (at final evidence deadline and CRF deadline) that they hadn't received it, when in actual fact they received it in September. I have chased repeatedly and called them out on this, cc'ing SENDIST and sending email evidence that they had these documents well in advance of the deadlines. The LA say the omission was due to an administrative error but they also say that they're reviewing the costs, so I'm not sure what that's about. The school's statement clearly documented the shortfall in the funding. The LA also left all of our parental evidence out of one final bundle. They're now amending both bundles, which I'll have to check again with a fine tooth comb.

Meanwhile, we've made it to half term and both DC are burnt out and I don't see how staying in MS long-term is sustainable, but neither do I see many decent alternatives. DC2 managed the first half term of secondary better than we anticipated but is mostly miserable. DC1 is thinking about GCSE options and saying they don't want to do any despite being very capable academically. I'm so sad that this is how they're experiencing school.

What happens if we're still waiting for our content appeal when ARs comes around and if we decide to ask for a change of setting while the first appeals are still in progress? Could we potentially be managing two appeals simultaneously for each DC?

I've also heard that the panel for special schools only meets twice a year, so if we miss those dates are we just stuck in MS for another year?

Had ed psych assessment last week, then picked up another diagnosis and more info on needs a few days later at another hospital appointment. Given the newly recognised needs impact on education, can I just ask the LA to consider as part of the needs assessment? Or as we have not had ed psych report yet, could email to let them know and ask them to add to report?

@BrumToTheRescue
Why appeal? Is it because they haven't named the school I wanted?
They haven't named a school at all, just looks like we have to wait.

Hi @10pfreddos I would say welcome, but no-one really wants to be on this thread.

But anyway, solidarity.

"They don't issue EHCPs for non attendance" is a spectacularly crass comment, and I've heard a few!

Have you considered doing a Subject Access Request so you can obtain emails etc that mention your son?

Also, if you haven't already used the advice sheets on the IPSEA website, they're very good.

Can anyone advise me?
My DD's EHCP is we finalised in mid Sept. Her SLT provision is a lot. The schools SLT's said they can't help,
The SENCO trying to find someone that will be able to but she's telling me they can't start until mid January.

I'm not happy with this; what can I do?

Arrrgh the LA are being infuriating:

"Thank you for your email and letter to Director of Children's Services. I have looked into the matter with colleagues.

Whilst the Tribunal Ordered that the LA should assess, it does not and did not specify that a particular service should or should not provide advice towards that overall assessment. Whilst parents and families have the right to ask the LA to seek particular advice, the LA does not have to do this if it is considered that there is not a need to do so.

Our Health colleagues have said that there is no need to provide SLT advice towards the assessment, and the LA accepts this. SLT advice will not be sought at this stage."

I mean this is obviously bollocks and I will write back to say so. I suspect they have no SLT staff and so are trying to unlawfully put me off. How would Health even know?

I am also wondering if I should tee up private SLT anyway. I don't want to pay for it but also don't want to delay the process further.

@Onegentlepeer you need to appeal because the LA hasn’t named a special school. You should definitely appeal I and you should look carefully at B&F.

@handmademitlove do both. Send the evidence directly to the LA and also contact the EP directly.

@LAAAARGGHHH check the wording carefully. Is it enforceable? Is it detailed, specified and quantified in F or is it vague and woolly? If the former, speak to the LA. IPSEA has a model letter you can send. If that doesn’t work, post back here for next steps. If the wording is vague and woolly, post here for advice on appealing to pursue amendments.

@SpaceInvader321 LAs sending incomplete bundles is quite common. If you want to add appealing the placements to the appeals, you can do this via a SEND7. You can do it now. It may result in the hearing being pushed back, but it would be better than a whole new appeal. The AR must still be held even if you are appealing. The ‘panels’ aren’t law. The LA can name SS outside the twice a year panels. Whether they will or not is another matter. This wouldn’t matter if you amend the grounds of appeal, though.

@Macramepotholder reply stating Regulation 6(1)(h) of The Special Educational Needs and Disability Regulations 2014 states the LA must seek “advice and information from any person the child's parent or young person reasonably requests that the local authority seek advice from.” Then explain why SALT falls into this category for DS. If you want to pursue an independent assessment, be aware anyone good with SENDIST experience will have a waiting list.