EHCP support thread no. 4

[Phineyj]

We've nearly filled the thread again, so here's a new one. Welcome everyone: newcomers, people stuck in the process; battle-hardened veterans of many years...

Here are links to previous threads:

EHCP support thread - www.mumsnet.com/talk/special_educational_needs/4834986-ehcp-support-thread

EHCP support thread no. 2 - www.mumsnet.com/talk/special_educational_needs/4989146-ehcp-support-thread-no-2

EHCP support thread no. 3 - www.mumsnet.com/talk/special_educational_needs/5077140-ehcp-support-thread-no-3

@BrightYellowTrain

I’m so sorry, please don’t feel the need to respond if you are busy!

I’m looking at the amended EHCP and what’s been sent to me looks exactly the same as his old EHCP with no amendments as discussed by school in July. Section A remains exactly the same and describes as he was in preschool as is dated as completed Sept 2022.

I feel like I need to rewrite the whole bloody thing.

Section F is a list of bullet points with no clarity. I’m making a word document table with provision, support 1:1 or group, frequency and duration of provision, who provides provision and level of qualification, how this will be monitored, reviewed and communicated to me.

I emailed for help yesterday : School/LA saying this all needs to be rewritten. No one replied.

Is this the right thing to do because it feels like no one else able to ensure that his EHCP is correct?

@RibbyJumper request any amendments that are required. You can do that in any format you want to. (I tend to do it the same as a working document but some people just use tracked changes. Others use a straightforward list or a highlighter/pen. There’s lots of ways and the LA shouldn’t be mandating a specific way.) But remember the provision in F is to meet the needs in B and taken from the evidence.

B&F are more important than section A. It isn’t uncommon for section A to be out of date.

I had to do that. It took pages and pages and they didn't accept all the amendments but at least I was very clear on the whole thing by the time I'd finished.

Good luck.

What have people‘s experiences of case review hearings / TCMHs been recently? Are tribunals saying they’re going to bounce cases where Section I agreed to prioritise phase transfer appeals again?

@RibbyJumper to expand on my response earlier this morning because it could be misinterpreted and I should have expanded further. It is important to request all amendments. That includes any amendments to section A. The LA shouldn’t be ignoring your/DS’s views. But don’t focus on that at the expense of B&F.

@TealShark at the moment, hearings aren’t being pushed back just because I has been settled. However, a minority of hearings overall are because of a lack of court time. Some court time has been set aside in order to be able to prioritise phase transfer appeals. Although the time set aside probably won’t be enough. There will probably also be an increase in hearings vacated/adjourned as we move into late spring/summer.

In the last couple of months, I have had a request for a TCMH refused in circumstances where it would have been agreed previously. I do not know if this is a pattern, though.

@BrightYellowTrain

Ahh, thank you! I’ve been through the whole thing on the computer, added my annotations in red.

B and F have been given my full attention.

I can’t understand the format for F at all, as opposed to how it should be. It was simply a list of bullet points, most of which were applicable to his move from preschool to reception.

I’ve made a separate table for each heading : with provision/group size/adult+qualification/frequency and how it will be monitored. I’ve put this to be referred to as a separate document as I don’t know how it could fit into their ‘box’.

Have no idea how they’ll take it. Probably not well, I’ll probably piss off the SENCO.

But my New Years Resolution is to stand up to bullshit.

I also liked this phrase very, very much and have included it in ‘parent views’.

“Schools should adopt the social model of disability which views the environment - and not the individual - as the barrier to progress”.

You've been so helpful @BrightYellowTrain - a really big thank you Xx. I am feeling a sense of relief (until the next hurdle!)

Thanks, as always, @BrightYellowTrain. I've informed the LA that we want to amend the grounds of the appeal to add Section I and am preparing SEND7.

We didn't name any witnesses when we originally filed the appeal but now we might ask an EP to serve as a witness. Do I need to also tick that we're requesting 'permission to bring an additional witness' and inform the LA? (I'm not sure if going from zero to one witness is 'additional'.)

We're also planning to speak with a solicitor recommended by a friend to see if we want to go that route. It feels like things have become so complicated now. I'm terrified of how big an expense that is going to be (probably my entire salary for the year) but it feels unavoidable and the only way to ensure (maybe) that the Plans are watertight and the placements more likely to meet needs. My DC are so burnt out right now; it's completely unfair to them. I'm so angry that the system is like this.

We have got DD's SALT report back. DD is furious having read it. She says it is not in any way reflective of what actually happened eg lots of " X was too anxious continue" when in reality she simply didn't understand how to answer because she is autistic and has language problems... And I suspect the salt normally deals with much younger children and doesn't understand the impact of autism on highly articulate children. It will be interesting to see what the member of staff who sat in on the assessment thinks.

The question is - to request they correct the report or not? It is clear to me that she completely didn't understand DDs difficulties with the assessment tasks so I'm not sure she could change it anyway.

That's awful @handmademitlove.

I think it needs redoing honestly.

I'm in a bit of a quandary, if anyone has a take they could share as I'm feeling in a muddle.

Waiting on draft of EHCP due end of Jan. DD is currently in an independent school (self funded). We felt we had no choice at the time after she crashed out of mainstream secondary and at the time had no EHCP. She's not thriving there, it exhausts her and long story short our goal is to move her to special provision funded by the council as soon as we can, and remove her from the independent school. She has barely attended since Christmas and is generally in a bad place.

Whatever we do we are on the hook for Spring term's fees. SENDIASS mentioned that we need to have something lined up before removing her so we aren't seen as electively HE. I'm alarmed now about serving notice and jumping the gun, but also really worried about being on the hook for Summer terms fees for a placement we no longer wish her to attend.

What are our options here without being seen to be electively HE?

Hi this is the first time I’ve been on these threads.

we have a difficult and seemingly complex situation with our DD 13, who is effectively being off rolled by her school.

We have spent the last of our savings on a private assessment for her. We really need a solicitor but we cannot afford this. Are there any alternatives to a solicitor that could attend the next meeting with us? Sort of a McKenzie Friend type person? That would be more affordable?

You need an SEN advocate.

Talking SENse in the West Midlands are one example.

If you tell us more about the situation we may be able to direct you to law and guidance you can quote as well.

If you Google "your local authority name" + "local offer" do any advocacy organisations come up? (Ideally not Sendias).

Hi @TripleRocks that sounds really tricky.

Firstly, I'd give notice for the summer asap. You need that money! Secondly, meet with the Bursar re this term's fees. Maybe they can forgive part of them or at least come up with a payment plan.

Were you candid about DD's needs when you enrolled her? What does the small print of the contract say? What, if anything, have they done to try to help and did any of it help? Just wondering what level of expertise/attitude you are dealing with here...

As you don't yet have the EHCP, can you make an in-year application to at least one secondary? At least that will show you are serious about wanting a place!

The school knew full well the position when taking her. They have been more suitable, such as staying in one classroom majority of the day, small class sizes and so on, but this is just how they are set up rather than anything special they have done for DD iyswim. They made so much of how much they would help us with the EHCP process but have done nothing. The quality of the teaching is highly questionable in my mind, they have also been highly inflexible with regard to e.g. uniform. They have been flexible with start and finish times and arranging a weekly OT session. So overall a massively mixed bag.

Overall we don't want her to continue there and neither does DD. I can't find anything in my paperwork or emails to confirm what we actually signed (I think it was sign hard copy and hand in scenario) so I've slipped up there. I will contact them next week, thank you.

Yes, ask for a copy of the contract.

I had a child at a (very good) Cognita independent and their contractual terms did cover this sort of thing.

You applied for the EHCP yourself presumably?

We have spoken to IPSEA, SEN SOS, Coram and the local information service but aren’t getting anywhere.

I cannot even find the relevant part of the law to clarify what they are doing. It seems there is a loophole in policies that are allowing them to do this.

Apologies this will be long. The situation is our daughter has been in the process of getting an EHCP since February last year. School fully on board, agreed in November’s draft meeting the draft was sufficient in their view and could meet needs. As the EHCP was so far past the 20 week deadline it was issued without the school being named. Consultation issued to school with response due before end of last term.

Two days before end of term there was an incident of negligence whereby DD self harmed at school. Not a new occurrence it something she has ongoing CAMHS support for and a plan in school, which was not followed. School have used this incident to refuse to allow her back to school.

They refuse to state which legal framework they are applying, they were insisting that she needs to attend a temporary medical provision until she is able to return to school.

LA gave two extensions to school to reply to EHCP consultation, throughout the last few weeks they have stated at each and every meeting and every email they can meet her needs and will reintegrate her back into school. At the last minute of the deadline to respond they have replied can’t meet needs. Have not completed the consultation properly or documented or evidenced why they suddenly can’t meet needs.

DD is now not being educated at all. The children not able to attend school for medical reasons policy seems to be being taken advantage of. The policy has a gaping big hole in it, whereby nowhere does it state who determines if a child is medically unfit for school. Presumably because it is not intended to be used by headteachers to illegally exclude pupils. There is no medical evidence to say she can’t attend school from any professional, we as parents have not said this and neither has DD who is desperate to return to school. Her needs have not changed since the EHCP was drafted.

Oh gosh, I think you do need a lawyer actually. A poster on here kindly gave me a list once which I can send later.

Have you contacted your MP?

www.senlegal.co.uk/ @BooksAndHooks I spoke with these people when considering judicial review. They were kind and helpful. They don't take legal aid though if that's relevant.

You could check your home insurance to see if you may have appropriate legal cover.

@TripleRocks I would give notice now but also email the LA informing them you are not EHE, DD is unable to attend school and they must make arrangements to ensure she still receives a suitable full-time education. I take it alternative provision isn’t already in place?

I’ve put this to be referred to as a separate document as I don’t know how it could fit into their ‘box’.

@RibbyJumper don’t do ^this! All special educational provision needs to be in F. Not in another document or a made up section (not an imaginary section O or section L or any other made up non-statutory section the LA wishes to try to invent). This is important for enforcement and accountability.

@SpaceInvader321 one witness isn’t an additional witness, so you don’t need to request permission to bring an additional witness. If you decide to have the EP attend and when you ask them they will/can attend, you will need to update attendance using the CRF.

@handmademitlove I would request the SALT amends the report. Was this an independent SALT?

@BooksAndHooks if money is tight, you would be better off saving it in case you need a pre-action letter &/or independent assessments for appeal rather than having a solicitor attend a meeting with you, IMO. A direct access barrister would be cheaper, but still expensive. An advocate would be cheaper, but be careful - it is an unregulated business and whilst there are some good ones, there are also some who do more harm than good. SENDIASS is free, but be careful whilst some are good too many repeat the LA’s unlawful policies. Some LAs have a truly independent organisation/charity/CIC who runs in addition to SENDIASS - if your LA has a good one of these they may be able to help.

Have you appealed the EHCP? If so, have you requested an expedited hearing?

Have you requested alternative provision from the LA? They are the ones with the ultimate duty to ensure DD receives a suitable full-time education. This is in line with section 19 of the Education Act 1996. They are also responsible for anything detailed, specified and quantified in F of the EHCP under section 42 of the Children and Families Act 2014.

If DD is to attend a school, the school must be named in section I.

A maintained school a child is on the roll of can in some circumstances direct a student off-site. However, from what you describe, off-site direction isn’t appropriate in your situation. If you haven’t already, read the statutory suspension and permanent exclusion guidance and the alternative provision statutory guidance. They cover off-site direction. The law around this doesn’t apply to academies, but they can direct off-site under their general powers and best practice is they follow the rules maintained schools have to follow.

Coram is in a bit of a mess at the moment, IMO. Without going in to detail, at the end of last year, they unceremoniously dropped some clients because of staffing problems - one of their solicitors moved to Watkins.

Thanks all. The SALT assessment was carried out by local SALT. Initially we had a "not known to service", then a refusal by LA to insist on assessment. Only when the EP referred to further specialist advice from SALT did the LA press them to assess.

I will ask school what they think - if they agree then I have some backup to my suggestion that the assessment was not effective and the report not reflective of what actually happened.

In reality, she is almost done with yr11 and by the time they get anything in place to support the language issues, she will have dropped any subject that has a significant language content. So not sure how much effort to put into fighting this, even though I know it is wrong.

@handmademitlove personally, I would pursue it further. Even if DD will drop any language heavy subject, SALT support can help so much for other things - PfA, social interaction and communication, emotional regulation... It isn’t just about language heavy subjects.

@BrightYellowTrain I know you are right, it is just finding the capacity to add yet another battle! But DD is very cross and that is sufficient reason to complain.

@Phineyj I'd love to see this list too, if you could please share. Thank you.

@BrightYellowTrain

Sorry, I sent it off before I saw your message. I’ve made it clear that t