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.

@vacay in my area you email the transport team, your case worker should be able to give you the email, and fill in a form. I was told it could take a while to get transport arranged, but actually ours was instant as there was already a taxi going to the school that had space in it so no waiting to get a new passenger assistant.

@vacay if you google you should be able to find your LA’s school transport team.

Our refusal to assess tribunal has now been registered. Assuming the LA don't roll over beforehand (ha ha ha), I have a question about additional supporting documentation for the tribunal.

I'd assume this stage is not the time to deploy any additional private reports we might be minded to get, and we should only do that if LA assessment reports prove inadequate/don't consult with the right people once the LA is ordered to assess (assuming it is, but she clearly meets the two tests)? If we do have to pay, we won't be able to do it twice so I need to make sure it's at the right time. Hearing on the papers scheduled for October, with additional documents due end of July.

She's since had a SALT assessment in school which is probably cursory but I will get the SALT's assessment in writing and a supporting letter hopefully.

@Macramepotholder whether you need further evidence depends on what you already have. You can also make SARs to the school and any other services involved/previously involved in order to collate evidnece.

Sure- we have full autism assessment from Lorna wing, OT assessment for dyspraxia, supporting statements from school (most recent school and previous) and multiple APDR documents. So I'll add a letter from SALT as well- I think she needs a full OT assessment including a sensory assessment, an EP assessment and a full SALT assessment rather than the quite cursory one from the school service. But I'd rather have them done closer to the time when provision needs to be specified. Does that sound ok?

We've actually just been offered a Healios ASC assessment by the LA after languishing on the waiting list for a couple of years- but given we already have a super specific report I'm thinking about turning it down. I will email the service this week- although her GP has her diagnosis report they don't join up properly and I suspect they might say they won't do it anyway if she now has a diagnosis.

I'm not sure what I would get from a SAR, the SENCO's been pretty open with me and shared all test scores etc. We don't have behaviour issues. IS there anything else I should thinking of in deciding to SAR?

@Macramepotholder the threshold for an EHCNA is relatively low a) has or may have SEN, and b) may need SEN provision to be made via an EHCP, so depending on their content what you have is likely to be enough. SARs can include lots of information/communication parents wouldn’t otherwise see e.g. about progress (academic and otherwise), difficulties in school, meetings/emails.

I would be really grateful for some advice on next steps please. The LA said they would ask the following services for assessments and/or reports:

Early Years SEN Team
NHS SLT
CAMHS
Educational Psychologist

The only progress that has been made is the EP assessment has been scheduled for mid June. No-one else has got back to the LA.

CAMHS don’t have much to say anyway as their only involvement has been adding DD to the ASD assessment waiting list although she has subsequently been taken off this as we’re going down the Right to Choose pathway.

I rang CAMHS to ask if they had sent any information to the LA and they said no. I asked if they had been contacted by the LA to provide any information and they said they’ve haven’t received any requests.

So then I tried to get in touch with NHS SLT to see if they have been contacted by the LA to provide advice/assessment but it’s been three days and still no call back even though I rang again today to chase it up.

I had a recent report from the Early Years SEN team so sent that to the LA myself.

The LA have made no attempt to chase anything up themselves. The caseworker was meant to call me back but again it’s been three days and they’ve not called.

I requested that the LA seek NHS sensory OT input and after to-ing and fro-ing they agreed to ask for advice but said this would be generic as DD isn’t known to them.

I called the LA a few weeks after to ask if this advice had been requested and they were not able to tell me if it had been or not. I was supposed to receive a call back a couple of weeks ago to clarify this but no-one rang. My DD has since had a private sensory OT assessment done and I will be sending the report to the LA today.

All my emails get ignored which is why I have to ring but we just go round in circles on the phone.

The 6 week deadline for all assessments and reports to be completed was 17th May. I feel I have no choice but to email the DCS and threaten JR, give them a deadline and then request a PAP letter from SOSSEN if the deadline is not met.

The question I have is if I send the email mentioning JR today/tomorrow, how many days shall I give them to rectify things? Also I’m thinking what am I hoping to achieve by doing this? One aim is to get an NHS SLT assessment scheduled, but am I also hoping the EP assessment will be brought forward?

Also, as the deadline for assessments has passed and as NHS SLT have made no attempt to provide information/schedule an assessment and as the LA have not chased this up, can I ask them to consider only my private SLT report? Or is an NHS SLT assessment/report still necessary?

I have already sent them a copy of the private SLT report. Is it in DD’s best interests to be assessed/observed again if our private SLT has already done this and completed a comprehensive report?

@Ponche if you have existing evidence and you, the report writer and LA agree it is sufficient the LA must not seek new advice. The problem is LAs often disagree that it is sufficient in order to secure their own less detailed, specified and quantified reports.

Not known to the service is not a lawful reason not to seek advice and information. I would be pushing for more than generic information. You are requesting sensory OT advice and information rather than specifically from the NHS. Many ICBs no longer provide sensory OT. Some don’t even have anyone able to advise on that area.

If the LA is going to issue they must finalise by week 20 and in order to do that should (as opposed to must) issue a draft by week 14. If the LA isn’t going to issue they must inform you by week 16. Anyone approached for advice must respond within 6 weeks. If the LA can’t assess in house/via the NHS within the timescales they should commission independent assessments. If the LA has breached the timescales send IPSEA’s model letter to the DCS. The aim is to force the LA to act. If that doesn’t work within a week email again threatening JR if the LA has breached/or goes on to breach the statutory timescales. Just to warn you, SOSSEN have a long wait for pre-action letters at the moment.

@BrumToTheRescue thank you very much for explaining everything.

I have a few follow up questions if that’s okay.

1. Should I still push for more than generic information if I now have a private sensory OT report in hand? I feel I shouldn’t push as the private report is detailed, specific and quantified.
2. Should I still push for an NHS SLT assessment/report if my private one is detailed, specific and quantified? Again, I don’t feel I should push.
3. How do I approach the LA in terms of asking if the existing private reports are sufficient? Do I need written confirmation from the private OT and private SLT that we are in agreement that the reports are sufficient? And then the only people left to agree or disagree are the LA.
4. Please could you confirm which IPSEA template to use? I think maybe it’s this as the others don’t seem right for my situation. https://www.ipsea.org.uk/complaining-when-the-local-authority-does-not-seek-the-correct-advice-during-an-ehc-needs-assessment-model-letter-7

The long wait for the pre-action letter via SOSSEN is what triggered my initial post, as I went to register for the service and saw it suggested warning the LA about JR being initiated if the matters aren’t rectified within a certain timeframe.

I was planning to warn the LA once I got nearer the top of the waiting list as I felt mentioning JR now but not being able to send the pre-action letter out for say 3-4 months would just make it seem like an empty threat.

Whereas if I was paying for the pre-action letter myself I assume I’d email the LA reminding them of the statutory timescales and then threaten JR, give them a deadline and then I’d probably be able to send out the letter within a few days of the deadline being missed.

But unfortunately I’m not in a position to do that at the moment as I prioritised independent reports for the EHCNA. Now I’m worried they’ll go out of date if I need to appeal etc.

@Ponche apologies I missed you have an independent OT. In that case, I would be pushing them to use that. Same for the SALT. I would start by requesting the LA use the independent assessments and not mention that the LA may think they aren’t sufficient.

You can use model letter 7 for failure to seek the correct advice. You can use model letter 10 if the LA fail to issue the draft by week 14/finalise within 20 weeks. You will need to warn the LA before contacting SOSSEN for help via their PAP project. Are you eligible for legal aid?

@BrumToTheRescue thanks a lot, I’ve made a note of template 10. I don’t think we’re eligible for Legal Aid but will double-check.

Please could you help me word what I need to say to the LA regarding using the independent reports. In terms of the SLT report, do I need to also say don’t seek your own advice (as they said they were going to in their initial letter).

I will wait for week 14, then use template 10. See what they say, warn about JR if necessary and then register for help via the PAP Project. By then the EP assessment will almost be done so hopefully won’t need to wait for any other assessment/reports apart from that.

@Ponche send the LA the reports and request they consider the evidence from X, OT, date of report and Y, SALT/SLT(whichever your preference is), date of report as part of the EHCNA. If you want you can add a brief synopsis of the assessments and findings, but you don’t have to.

At this point, I wouldn’t mention them seeking their own advice/not seeking their own advice. They may never get around to actually organising it despite what they have said. You don’t want to give them ideas. If they do, at that point, you can remind them of the independent reports and state Reg 6(4) of the SEN Regs 2014 states “The local authority must not seek any of the advice referred to in paragraphs (1)(b) to (h) if such advice has previously been provided for any purpose and the person providing that advice, the local authority and the child’s parent or the young person are satisfied that it is sufficient for the purposes of an EHC needs assessment.” Why do they believe the comprehensive independent assessments (add in by well regarded professionals if they are well regarded in the EHCP/Tribunal world) are insufficient.

@BrumToTheRescue thank you very much, I really appreciate your help. Will send them that today.

Representations on draft EHCP sent off. Only took me 14 pages 😂. Also emailed a pdf marked up in Adobe.

The admin just gets worse, doesn't it?

It's bad that they don't tell you how you're supposed to feed back or what on. Not very inclusive.

And I still don't know if the consultation reached the school or not...

Err, happy half term everyone and may it not be filled excessively with admin.

@Phineyj well done! I essentially rewrote ours and tracked changes in Word. Then had to do it almost all over again when the final plans were issued because they had cherry picked from what was agreed in the co-production meetings with EP and SENCos. Still waiting to see if they'll make the further amendments as they offered to do. So fingers crossed for you that they'll just accept all changes and save you that extra work.

The SENCo at DD's school has told me that they'll offer DS a place, and I continue to feel torn, as I'm sure I've mentioned before. It's a good but not great school with a lot of low-level behavioural issues and mixed teaching quality, but the new SENCo is lovely and has really been turning things around to the extent they can. They have a genuine commitment to neuroinclusion and being an advocate for/champion of the kids there, plus we already have a very good relationship from their work with DD, all of which I know is very valuable and I really hope they'll stick around a few more years. The alternative is to probably have to appeal for our first choice 'outstanding' academy with much better pupil progress (at least according to .gov) but that school's Sen team won't even answer the phone or emails. Some things would be a lot better there, I'm sure, but there's no real guarantee. So I actually find myself now leaning more towards DD's school instead. Having both kids in the same school and working with a known entity has its appeal. But maybe I'm just feeling run down by this whole process and settling.

@SpaceInvader321 I would stick with your dd's school! I am sure there are many excellent outstanding schools, but our experience is that it comes at the expense of reasonable adjustments and individuality. When we chose my older dd's secondary school, we sent her out of catchment rather than to our local outstanding school. Looking back, we considered that good pastoral care would enable her to reach her potential. If she was not settled and happy and secure, she would not learn, no matter how good the teaching was! We watched as a fair few of her cohort crashed out of the local school as they became burned out.....

Edited for typo!

Appeal has finally been lodged for refusal to assess - but the appeal date is not until October 10th! Even with the summer in the way it's well over the 12 weeks. Is the 12 weeks just a guideline? It's being heard on the papers.

I've got fingers crossed the LA might buckle before then.

@Macramepotholder the whole system is clogged up sadly. Still, a date is something. I really wouldn't hold your breath for anything happening on the LA side, but SENDIST might be able to move it forwards (worth trying a SEN7 form as it's a phase transfer as of September 1st).

@spaceinvader definitely go for the known!

Ah good advice @Phineyj thanks. More forms!

@Phineyj the LA doesn’t tell you how to make representations because there’s no one set way they have to be in law. A bit like for those LAs who have their own EHCNA request form you don’t have to use it (despite what some LAs claim). For amendments I tend to use the working document format.

@Macramepotholder it hasn’t been 12 weeks for a while.

Grrr, well it's precisely that kind of thing that makes processes difficult for people.

This is one of those situations where there isn’t one way that suits all. Some people would find it harder when they have to respond in a set way. Just like some struggle with how to use the WD key.

Oh I don't know.

I think public bodies ought to make it clear how you're able/supposed to respond. Like they can apparently manage with the majority of their other functions. Just not, apparently, ones involving vulnerable children.

But my grump is not with you!

It’s fine @Phineyj, I understand. Edited to add, I didn’t think you were in a grump with me. You can respond any way you like. There’s no right or wrong way to respond.