EHCP support thread no. 5

[Needlenardlenoo]

Another thread is nearly filled so here is a new one for when we need it. I am the original OP but have name-changed due to admin (let's call it spring cleaning). We got our EHCP finally in June last year and are in a state of cautious optimism two terms into the year 7 transition. There has been no contact from the LA at all to us, but perhaps no news is good news, sometimes. The next challenge is going to be the annual review. I am feeling a bit paranoid the LA might try a cease to maintain. Anyway, onwards and upwards and best wishes to all!

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
EHCP support thread no. 4 -
https://www.mumsnet.com/talk/special_educational_needs/5197351-ehcp-support-thread-no-4

Just popping in to wish everyone luck for this week. DC1 is meant to start at his new school in a couple of days but is so anxious about it. Even though he knows it's a completely different kind of setting to his old MS, he says he's not ready to go back yet. I'm concerned that he's not yet recovered from burnout, so don't want to push too hard but also don't want to put our new school place (hard-won SS independent) in jeopardy. DC2 seems resigned to going, though he says he'd rather stay home and play MineCraft. Who wouldn't, LOL?

@SpaceInvader321

Thank you, I’m dreading it. We’ve had a great summer and I’m already back to fighting, trying to get a response and challenging bends of the law.

@thatsnotmygarden A small victory yesterday, and again - I can’t thank you enough for alerting me in the first place.
Case worker admitted on the phone that the LA had got their phase transfer timings wrong and they are reviewing their policy.
My long, long list of amendments she is going to include, plus rewriting to reflect social model of disability and recent progress. We’ll see.

Hi any advice on this situation?
I asked for a personal budget mainly to pay for his gym membership and tennis lessons and they said no but his consultant said tennis lessons would continue to help him.
My kid got his EHCP when he Left school so August 25 after tribunal ordering in in NOVEMBER 24! It is the most useless template document. The co-ordinator did not listen and cited the law to say she couldn’t put this in or that.
He already applied to college himself and was accepted pending GCSE grades WHICH HE ACHIEVED.
The la sent his EHCP to 3 colleges despite us saying he has already got his offer and enrolled into his preferred one himself! And his coordinator wants to change is EHCP what the hell can I do?

1. We don’t offer interventions for conversation skills at Post 16
2. Page 13 – The curriculum cannot be adapted at Level 3 but teaching will be differentiated to meet individual needs.
3. Page 17 – he could be offered a time slot in our Learners Assistance Base slot in his unstructured time but would not have 1-1 support in.
4. Page 19 – We don’t use ABC charts in a Post 16 college environment.
5. Page 21 – We don’t offer the following at College - Provision for physical exercise and development
6. Support for his development of life skills (e.g. cooking, cleaning)

I propose to remove points 1, 4 and 5, and amend points 2 and 3. Please can you confirm whether you are in agreement with this and I will then amend to name this setting his college.

Good news: had an email from LA admitting all faults we had highlighted (which is rare for them) and offering 5 thousand pounds for delay in issuing final and delays in provision. Going to accept, and need to sign a form but don't think it will have any bearing on future tribunals etc as it covers historic LA misdemeanors. Had to fight for 8 months for this but got there in the end through sheer bloody mindedness and escalating it at each stage .

At least it's money in the bank for more assessments, EP, OT and speech therapist, and some recompense for hefty solicitor bill in Jan for PAP letter threatening JR post tribunal last year for B/F.

Bad news: Suspect another is tribunal looming as have had EHCP and despite professionals saying he needs provision that would only be realistically ne available in specialist setting and despite school saying at AR they cannot meet needs (mainstream with additional recources unit) due to all the therapy interventions needed, LA have named current school. Panel thought needs could be met here apparently, but nothing to say why they believe this in the face of so much contradictory evidence. They are just playing the game of delay and deny for as ling as possible.

Will continue to look at post 16 settings as he's in Y11 now.

Transport provider has changed too, with short notice so DS is unsettled about that.

Here's a song from my past that should be our theme tune, little did I know as a teen how relevant these lyrics would be!

Are we entitled to have the minutes of the panel meetings or would we have to SAR for that? I would love to see their workings/reasoning.

Good luck @SpaceInvader321. The school should understand the transition isn’t going to happen overnight and pushing too hard too early is more likely to lead to placement breakdown.

@BangerMasher if you haven’t already, follow up with an email so you have it in writing. Otherwise the LA may deny all knowledge of the conversation or admitting they were wrong.

@Alltheyearround sorry the LA has named the current school. You can ask for the panel minutes. Although the LA may force you to submit a SAR, and they may not actually exist or not exist like you are imagining. Even when the panel exists, LAs have been criticised for not keeping accurate notes/minutes from panels - there are LGO decisions about this.

Well done on the settlement. We use them to fund future assessments too. It is petty, but it makes me smile to know the LA fund their own downfall.

@ChirpyLilacExpert don’t want you to think I am ignoring you, I replied to you under a different name on your thread.

@thatsnotmygarden We have a Y11 phase review at some point this autumn, but we are just going to crack on and get mediation certificate this week and proceed with appeal as we need a post 16 placement sorting for next Sept, even if Y11 is a write off. We are in initial discussions with the provider in Sheffield you mentioned, and the one near Manchester as well.

I hear you on the panel thing. It strikes me that they didn't perhaps even bother reading everything, as in reality the decision was already a done deal based on finances and no other placement being identified. Even if there was a specialist place for Y11 they would have forced us to tribunal in order to waste time.

Yes, I too have heard various tales, such as a 'panel' being basically 2 people in a room, making decisions and not having any real accountability. All in all, hardly the model of transparency that the Nolan Principles advocate for those in public life. The letter from the LA thanked us for all our input to the EHCP (though they have cheerfully ignored all of it in terms of suggested amendments). You couldn't make it up. Fine words, as they say, butter no parsnips.

The silver lining is that DS is very happy staying in his current placement, as he wanted to stay there and 'finish' school with his cohort. Although he won't be getting all the integrated therapy/speech and language he needs, at least his mental health remains good. We have set up a meeting with transport team so he can have a meet and greet session with vehicle and staff. This will make the start of term next week a bit smoother.

@thatsnotmygarden

Thank you - yes, I followed up with an email this morning.

I’ll also continue to pester about amending their info to ensure all parents get the same advice. I’ve used their be.heard service before now, so will do that and link all relevant people.

@Alltheyearround for a post 16 placement, look at both the settings in Sheffield by the same provider.

When appealing is it usual to contest B F and I together or can we just ask for I? Or is that ill advised?

It is possible to only appeal section I. However, it is not advised. The placement named in section I is the logical conclusion of B&F. B+F=I. It shouldn’t be, but the LA will have written B&F in a way to support the placement named in section I. If you don’t appeal section I, there is a higher risk your preferred placement won’t be named in section I.

Thanks, we originally told mediation service that we just wanted to appeal I but have now gone back to them to confirm it is B/F/I.

Yes, you are right, the LA has mysteriously missed out writing in any advice, of which there is plenty, which indicates a specialist setting. It's almost like they pick and choose what they want needs/provision to be, rather than the actual truth....

Was a bit despondent yesterday with it all, and other life stuff (we probably need to move house within the next year or so) but back in the saddle today.

In other news, the new transport method/team appears to have worked OK today. DS came back from school feeling quite upbeat and even reminded me I need to sign some consent forms. Hope other children have had a good start to autumn term wherever you are up to with paperwork. A good day at school is worth gold.

That's good @Alltheyearround! We have a couple of issues here but neither involve school. Year 8 is going well so far. Fingers crossed.

I read today on Special Needs Jungle that the government may be planning to copy Ontario's SEND system. I need to have a chat with my teacher friend in Ontario...

@Alltheyearround it is lovely to read DS has had a good day. Long may it continue.

If you did want to only appeal I, you don’t need a mediation certificate.

Sorry you might have to move. I know you were limited with the area you need to live in; would it be possible to move closer to DH? I think that school would be brilliant for DS.

@Needlenardlenoo I hope you can resolve your issues.

A few years ago I was on a long running series of threads with a woman in Canada, albeit not Ontario, who has DSs with SEN. We discussed the differences in school and health systems both between England and Canada and also within Canada. For all the problems with the English system, there were many more in Canada. IIRC, elements of the Ontario system are similar to the Welsh IDP system and that has its problems.

@thatsnotmygarden You may be thinking of someone else. DH and I live in the same place. Move would only be local to a house (currently in an apartment) as both of us have work locally. Not practical to move out of area.

Was the school/FE placement you were thinking about the one in Sheffield? Also have been told by a friend of a friend (ex OFSTED inspector and well up on SEND) that there is Beltane College in Manchester, which is another to check out.

@Alltheyearround apologies, DH as in the school whose name has initials of DH rather than your husband. We have discussed the school previously and I think it would be an excellent fit if you were close enough. Not Sheffield. The school is South East of you. (Although if you are looking at the school in Sheffield we have also previously discussed, there is the other placement in Sheffield by the same provider that can offer post 16.) I didn’t want to post the name of the school publicly because it rather triangulates where you are and you might not want that. I will PM you.

DH would be perfect but it's over an hour's travel so not a goer.

Asking for a friend - hope this is ok.

If a child doesn’t have a school place, but should be entering Year 3 next year - should they still be having a phase transfer review this term?

@BangerMasher Y2 is only a phase transfer year if the child is in an infant school. So if, for example, they don’t have a school place because they have an EOTAS/EOTIS package, they don’t need a phase transfer review.

Why isn’t the child on a school’s roll? Unless EOTAS/EOTIS or they are EHE, that would be the more pressing question.

@thatsnotmygarden

Thank you. I’m not sure but I think an exclusion occurred mid way through Yr1 ,EHCP was then issued, schools are refusing placement - but mainstream is the LA recommendation. So currently no place - it’s in discussion.

I was wondering if mainstream is named as type of setting in I (but with no school place yet) whether phase transfer review should still be happening??

Hi DD has a phase transfer AR next month. I'm confused because she's 8 year 4 age, I thought phase transfer AR would be year 6 age. I thought this would be the place to post.

Welcome! For transfer to secondary school?? I’d defo ask for clarification on that one. It should happen Autumn Term of Year 6.

@Wednesdayy123

https://www.ipsea.org.uk/phase-transfer-reviews

Thanks @BangerMasher just read through ipsea's page and perhaps middle to secondary could be the reason.. she's in SS so there will be no change of setting. Will ask for some clarification tomorrow.

@BangerMasher Unless the child is on the roll of an infant, school Y2 isn’t a phase transfer year.

If the EHCP was finalised naming only MS as type, the parent needed to appeal. If the parents didn’t appeal and their right of appeal has lapsed, they should request an early review of the EHCP. They should remind the LA case law dictates where they name MS as type, they should normally name a specific placement. In the meantime, they should ask the LA how they intend to fulfil their duties under section 42 of the Children and Families Act 2014 and section 19 of the Education Act 1996.

@Wednesdayy123 In some 3 tier systems Y4 is a phase transfer year. An all through school doesn’t change that - there is case law on that about the phase transfer to secondary and a recent LGO decision but the premise applies equally to all phase transfers.