EHCP vs Local Offer support

[BananaPie]

We are awaiting the decision on whether an EHCP will be issued for DD in year 9.

We have seen the recommendations in the EP, SLT and OT reports. All recommend a number of targeted interventions, through small group work rather than a dedicated TA.

I suspect that the LA will refuse to issue on the basis that the needs should be met through targeted interventions under the local offer.

The trouble is, the needs aren’t being met in this way. The school hasn’t shared an updated provision map, and significantly reduced support a few months ago because they couldn’t resource it due to too many kids with a higher level of need.

Any views on what to do when we get the inevitable refusal? Do we go to mediation? How can we persuade the LA that the school won’t do anything for kids without EHCPs? The school SEN dept just seems so stretched that those without EHCPs are slipping through the cracks.

If the LA refuses to issue, you should appeal. Think about if you need independent assessments. As well as asking can the provision required to meet DC’s needs be provided within state mainstream schools, the LA should be asking will it be provided. It is unlikely LA reports are comprehensive either and they certainly sound vague. You should ask the LA to go back to the report writers to make the reports detailed, specified and quantified - e.g. small group needs defining.

I think your analysis is right.

That's why I pursued an EHCP for my DC as there's no other way to be sure they'll make an effort for them.

Please do appeal if you are refused. The vast majority of parents win on appeal.

Thanks both. As anticipated, they have indeed decided not to issue an EHCP.

The decision letter says that the panel agreed that she needs adjustments and support to reduce barriers to learning resulting from her developmental and learning differences. But it says that these can reasonably be provided within the school's ordinarily available resources and high- quality teaching.

It recommends that the school utilise the professional assessments and recommendations from the EHCNA to inform her individual education provision, to support her to make progress.

She currently has a pupil profile but no individual provision map. The school have said (prior to getting the EHCP decision) that they won’t be putting any interventions in place so she does not need a provision map.

My current plan is to skip mediation and appeal. But at the same time speak to the school and LA to see how many of the recommendations can be implemented without the EHCP: the basis of the appeal will be that the school won’t implement enough without the EHCP. So I guess I could withdraw the appeal if they do agree to put the measures in place without.

Does this sound like a sensible approach?

they won’t be putting any interventions in place so she does not need a provision map.

Do you have this in writing?

So I guess I could withdraw the appeal if they do agree to put the measures in place without.

No! Don’t do this. Appeal. If the LA concedes and agrees to issue an EHCP, that should be settled via a consent order. You don’t withdraw the appeal. Even if the LA and school agree in the short term to put some of the interventions in place you should still pursue the EHCP. The school has told you their true thoughts.

Thanks. The school have said that there isn’t a provision map in place as she isn’t receiving any interventions.

I need to establish whether they can now offer any but I am not optimistic.

You must appeal. The waits are long. GCSEs are approaching.

If the school are willing to be that blunt to your face, goodness knows what they're saying behind the scenes!