EHCP REVIEW HELP

[Notaclue1980]

We had an early review due to my child's needs becoming greater.
Draft EHCP came a few days ago and it's no different to the last so I am not accepting it (even though it was amended).
Section B has a lot more added but section F not changed then a couple of words.
But anyway my child since the annual review took place (2 and a half months) has deterioratedand even more and is on a very limited part timetable, by the time they actually get into school they are there for an hour and has a 1to1 (needs one all day) and is never in the class room anymore.
What happens now? How do you go about sorting the whole thing?
I know the basics but can not find anything for this sitiuation.

Pop over to the EHCP thread?

You now have the opportunity to comment on the draft and state your preferred placement. As part of that, you can raise your concerns referencing supportive evidence. The LA must then finalise within 12 weeks of the review. (They should have informed you they were amending the EHCP and sent the amendment notice within 4 weeks of the review.) Once it is finalised, if you don’t agree, you can appeal.

Alongside this, you could request another early review, but the LA doesn’t have to agree.

Why is DC on a part-time timetable? Is alternative provison in place?

He can not cope and his behaviour is challenging, does next to no work and it takes me an hour+ to get him into the school full stop.
He has no other provision, but school is trying to get extra funding for one.

If DS can’t attend school full-time the LA has a duty to ensure he still receives a suitable, full-time education under s.19 of the Education Act 1996. On their website, IPSEA has a model letter you can send to the LA to request provision. The LA also has a duty to ensure anything detailed, specified and quantified in F of his EHCP is received under s.42 of the CAFA 2014.

If the school was saying DS can’t attend full-time because of his challenging behaviour that shouldn’t be happening unless they are formally suspending. Part time timetables should not be used to manage behaviour, but if DS can’t cope that is a different matter and it doesn’t sound like DS is able to attend at all.

Change of needs with no reciprocal provision update could be problematic, you have to assess whether the child's needs are being met, does the plan recognise these needs and is the child receiving an adequate education.

To answer the question how do you resolve the situation, put your feedback in as noted above, when they finalise the EHCP there will be details on avenues for appeal. The route is via the SENDIST tribunal process. Child needs an adequate assessment, ED Psych, SALT, OT etc. your appeal would be section B,F and I.

In answer no, I have sent the Draft back with F written lawfully (the wording,how many children in small groups).
But it really isn't enough, the SENCO has also written to say the school isn't happy and can not meet need with the draft.
Imo he needs high level intervention now, specialist really.
But he is in year 5 in sep and for the sake of 2 years until secondary (which if he got specialist he would have to change to go to secondary).
I would rather have support outside school as for my child he has completely disengaged with school and I feel that would be the same no matter what school they put him into atm.

If you want to pursue EOTAS you will need evidence it is inappropriate for the provision to be made in a school.

He is doing 2 and a half hours in school, an hour of which is him trying to run of,hurt himself or hurt me and staff before he actually goes in.
It is breaking him and me and in turn his behaviour at home is awful.
When he is in school he does no work,and is in a room on his own because he either doesn't want to be in class or his behaviour is to unsafe to be in there.
I don't know what else I can do.

If the LA doesn’t make the amendments that are needed, focus on appealing and getting evidence for that. In the meantime, request alternative provision.