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

@thatsnotmygarden
Thank you!
Yes I’ve started a formal complaint. Plus I spoke to the LA Head of SEND last week. She agreed with me that I should be having a review in the Autumn Term. But I find whenever anything is said on the phone, it tends to get denied in writing.

Case worker keeps telling me I’m wrong and what the law means by ‘within 12 months of phase trasfer’ is actually ‘within 12 months of the last annual review’.
Head if SEND said come back if I’m still not happy with the final - but I don’t know if/how his needs have changed at school/how B and F can be changed without a meeting. If I go to JR, there won’t be time to hold the meeting before Feb - they’ll still be using this ‘phase transfer/not phase transfer’ EHCP for consultation.
Honestly my head can’t cope with much more of this!!

So I’m assuming they can’t hold a ‘new’ phase transfer meeting before consultations/Feb (taking into account time needed for JR) - so appeal B/F/I is my best course of action??

Follow up verbal conversations with emails to create a paper trail. So you are aware, you can record conversations for personal use. LAs and some schools will tell you that you can’t, but you can. You don’t need permission. You can then transcribe the recording &/or compile minutes.

The caseworker is confusing their knowledge of the law. ARs must be held at least annually. The legislation around phase transfer reviews is in addition to that.

In these types of cases, actually getting to JR proceedings themselves is extremely unusual. More commonly, LAs concede on receipt of a pre-action letter (particularly if it is from a firm with a legal aid contract who would then be able to take the case further. Sadly, LAs are often ignoring pre-action letters when they aren’t written by a firm with a legal aid contract because they know even if they ignore it, parents will then have to find someone with capacity to take the case on. It kicks the can down the road) or when the case is lodged and they are served. So there would be time to complete the process correctly by Feb.

If you want to go down the JR route but can’t afford the pre-action letter and you aren't eligible for legal aid in your name, have a look at SOSSEN. Although there is a wait. Depending on where you live, Mark Small (yes, the Mark Small for any old timers) may do you a pre-action letter. He is doing some for free for people in some areas. If you can bite your tongue at his previous, err, transgressions. Mostly breaches of EHCP timescales for those going through the EHCNA process, but it is worth approaching for other things.

BTW, JR is a remedy of last resort, so if you want to go down that route, you don’t really want to go down the complaint process because the complaint process timescales means it isn’t a suitable remedy and it acknowledges an alternative remedy.

You won't be able to appeal the placement for Y3 until the LA has issued the phase transfer EHCP. If they finalise without the phase transfer placement/type of placement, you can appeal B&F, but not the placement for Y3.

@thatsnotmygarden
I’ve been sent a version 2 draft which I checked through this morning - and it’s looking so much better and lots of my amendments have been included.
You are so, so knowledgeable. Thank you.

I’ll have good think and take on board all that you have said.

Hello! I'm so sorry - jumping on here in a slight panic, looking for last-minute advice.

We have our long-awaited tribunal hearing for a refusal to issue an EHCP tomorrow. It was scheduled for 10am, but we have just received an email changing it to 2pm. Work can be rearranged, but I'm worried about school pickup (pickup is a significant source of stress at the best of times, and DS will not cope well with anyone other than DP or me at the classroom door). Does anyone know how long tribunal hearings usually last for? We can leave the house at 3.15pm and still be on time for pickup, but I had imagined that the tribunal would go for two hours at least?

You should plan for someone else to do the school run (extremely difficult for DS but you may decide it is for the greater good in the long run if you both want to remain in the hearing) or for one of you to excuse yourself to do it (you can raise this at the beginning) or if you will be quick and DS can a use himself when home it is sometimes possible to take a quick break in proceedings at the required time (but personally I wouldn’t rely on this).

Thank you - that is unfortunately what I expected. I think we'll flag it at the beginning, and DH will have to excuse himself to go and do pickup. We have contacted a few babysitters who DS could perhaps countenance with enough preparation, but at this stage I don't think anyone will be available.

Um, things have gone from bad to worse here. The LA has just submitted (less than 24 hours before the tribunal start time) a request for late evidence, which is a glowing letter from DS's school head and teacher saying that DS is meeting expectations in most areas (which is true - DS is academically able, if you can judge such a thing at 5 years old).

I'm trying to put my upset and feelings of personal betrayal here, and focus on the law - can the LA ask to submit this evidence so close to the tribunal? Can we legally refuse?

It isn’t unusual for LAs to request to submit late evidence. Sometimes even on the day of the hearing. You can object. Although SENDIST may not agree with you. EHCPs are about far more than academics, so if the late evidence is true and you have evidence an EHCP is required, then I wouldn’t bother objecting. DS’s academic profile is probably be included in other evidence, anyway. Is the school supportive? If so, you could always ask the school to provide evidence of DS’s current non-academic presentation and ask to submit that as late evidence.

Thanks @thatsnotmygarden . You are wonderful.

We have evidence from independent SALT and EP reports observing that DS is extremely socially isolated and unable to engage in play and conversation with other children (done via classroom visit), and unable to access some modes of learning in the classroom. Both these reports include recommended special education provision that is well beyond the LA or school's "normal" SEN provision.

School did not originally apply for EHCP - pre-school did (we have been waiting for the tribunal for 15 months). We thought school were supportive but just overworked.

After reading today's late evidence, I now strongly suspect is that school would rather we don't have an EHCP. DS is the embodiment of "no trouble" at school. If I'm honest, we coasted through reception last year, mostly due to a lot of lucky breaks (extremely small class with a SEN TA attached to another child in the class). I knew we had this tribunal coming up, organised the independent assessments, and I think I became complacent.

Hi, has anyone had it where the LA hasn’t sent them the electronic and paper copy by the date listed in tribunal notes?
Also child’s views not requested yet, in their original response in child views section it just said to be obtained by final evidence deadline yet this has been and gone and no contact from them. Is this important?

@LiterallyActually don’t let it get to you. It sounds like you have enough evidence even if the school’s evidence isn’t supportive.

@Luckycloverz common I am afraid. If you haven’t received the bundle, email SENDIST copying in the LA.

If it is appropriate in DS’s case, you can gather his views yourself and submit as late evidence.

Sorry - having one of my regular 5am EHCP moments!

@thatsnotmygarden After your initial help and contacting IPSEA - they told me about a Department of Education letter that was circulated to regional heads of SEND and LA’s on the 13th May regarding phase transfers.

I put in a request to the DofE to see it - they sent it to me yesterday. It discussed a situation where some schools in a LA were mistakenly thinking that £6000 needed to be spent on support before an LA would consider an EHC assessment. It’s also reminding LA’s that phase transfers cannot start more than a year before transfer. It says that the LA must name the school in Section I.
I have already started a complaint through the local authority should complete in 2 weeks.

I’ve made a few notes from your v useful last post and sent and found an email for Mark Small.

I’m hoping I can give weight to my case with the D of E letter.
DS’s amended draft is much better. I’m still asking for 4 more amendments.

A question - so when is a phase transfer school supposed to be named in Section I? Should it be between now (depending on when the review takes place) and Feb - or would all know at the same time in Feb? It can’t be right that a child reviewed in Sept would know before a child reviewed in Oct - but then Section I must name??

Thank you! I’m currently wondering if I can say to LA that I accept EHCP purely as an annual only, let LA crack on with consultations (thinking they’ve done a phase) - but insist that a phase transfer hasn’t been held if parental preference isn’t eventually?? named (whenever they put that bit in)…in Section I. If they potentially do this by end Oct with school named - then I’ll leave it. If not - then I’ll contest.

I think it’ll come back to me naming current placement in Section I - with no official distinction as to whether it’s an annual or transfer EHCP.

Ladies I'm having a nightmare.

received draft yesterday and they've encrypted it.
i can't send to anyone as would need to be logged into my email, I can't amend it etc.

awaiting to hear back from them but any tricks in order for me to save it and do what I need to?

I have tried everything and they've closed everything on it

@Sunshineclouds11

I has a letter yesterday that I couldn’t forward to DP. I screenshotted on my phone email and sent - but is it to edit?

I wrote amendments in a word document table citing each page and section. I think caseworker has actually included more amendments this way rather than when annotating the EHCP draft document (over and over again…)

Is it egress?

@BangerMasher phase transfer EHCPs must be finalised by 15th Feb at the latest. The majority receive them on or slightly before the deadline. A minority receive it before that. Some have their LA breach the deadline.

There are some circumstances where section I does not have to name a school. Case law establishes that e.g. blank for EOTAS/EOTIS or only naming a type - although case law also dictates where mainstream is named as type, a specific placement should also usually be named.

I hope MS can help you for free. If not, and he will charge for help and you want to go ahead with paying for support, I personally think there are better people you could use and my personal opinion is I would not be lining his pockets given his previous actions.

If you want the correct procedure followed, I would chase that now. The LA has already told you their thoughts.

BTW, it is Department for Education (DfE). DofE is Duke of Edinburgh, rather changes the meaning! He probably doesn’t have the faintest idea about EHCPs.

@Sunshineclouds11 LAs do this on purpose. You can tell the LA to send it unencrypted by email. Don’t be fobbed off about it not being secure or any other nonsense. LAs use email for SENDIST. And LAs use Royal Mail which isn’t secure. Years ago, my LA went through a, thankfully short-lived, spate of hand delivering communications to us after I pointed that out to them following my objection to Egress. Petty as they are. LAs use emails for SENDIST, they shouldn’t be using anything else, e.g. Egress or Microsoft Purview (which is even worse than Egress, IMO) or any other software for that. Whether there is a way around it depends on the system they have used and for some systems what settings the LA has used.

@BangerMasherFor wanting to edit yes but I can't even forward it on to an advocate for a draft check as have to be logged into my email to open it!
Will take note of doing it separately thank you.

@thatsnotmygardenIve been foaming since I received it. Why do they continue to make things so hard for people.
I've emailed and left some voicemails to people to resend in a format I can actually open and save.

Hi, so I'm about to send off my initial appeal against refusal to issue and thinking about how to approach the evidence side.

I think private EP and OT assessments are going to be the most worthwhile. I am going to go back to the OT we used two years ago (the original report wasn't obviously for an EHCP, but this is something they offer. Does anyone have any recommendations for an EP in Kent?

I am also going to complete a SEND7 to ask whether SENDIST can direct the LA to seek SALT and clinical psychologist assessments.

After finishing year 4 on a relatively good note (which is when she was assessed by the LA EP); DD has really been struggling so far this year. (Despite having better, more understanding teachers - though possibly having four of them - job share between two deputy HTs and two HLTAs is not helping).

Horrendous hour-long meltdowns every bedtime over things like her bedcovers hurting, feet being sweaty, bedcovers being washed; obviously meltdowns about going to school every morning, even when calmer, it still taking hours to get her in due to excuses, delaying tactics... There's already been four days when we haven't managed to get her in at all.

She's picking the skin around her lips a lot, making it bleed...

Also concerned that some of her sensory issues and rituals are bordering on OCD; with the bedcovers, I have to readjust them 20 times before they're right... She uses so many baby wipes all the time because her hands are sticky....

I've started keeping a diary - can this be used as evidence?

I can recommend Martin Cousins in Seal, Sevenoaks. PM me for his details.

@Namechangeagain80 A diary is not going to be your main evidence. You might use the information from a diary to support your comments e.g. to OT or EP, child’s views, write a position statement, etc. but in most situations submitting the actual diary will not add to your case. You also need to be mindful of the page limit.

You could try Nick Palmer, Vivienne Clifford, Stephanie Satariano, Catherine Pierce and John McKeown. There is also Craig Tribe - for full disclosure I have seen some excellent reports from him but I have also seen/heard some pretty terrible experiences. They all either travel to Kent or are within travelling distance for you. They can all write medico-legal standard reports and are well regarded by SENDIST.

@Needlenardlenoo @thatsnotmygarden Thank you both.

DfE. That made me smile. I got a fairly prompt response from LA of DGAF when I queried the DfE letter yesterday…

Just wondered if you’d mind sharing name of ‘better people’ - or indication of good legal aid firm??

Just to recap :

I’ll investigate JR over refusal to hold phase transfer at correct time. However I have already started a complaint with LA which should complete in about a week. Also I don’t know if there is sufficient time to get the meeting held. The independent county advice is meeting by 22/23rd Nov. I don’t think this will ‘freeze’ any consultations where the LA believe they have carried out a phase transfer review already?

The LA’s belief of a ‘final’ phase transfer EHCP will be with me in the next couple of weeks - with Section I to be finalised at a later date.

Is it best to appeal Section B and F when I receive the ‘final’ in coming few weeks or wait until parental preference is named/not named in Feb and appeal B/F and section I then? And to do this at potentially the same time as JR?

Coram CLC?

Have you pmed me? Only works on the website not the app so let me know.

@BangerMasher there is still time for a phase transfer review to be held.

If you are unhappy with B&F, you should appeal when you have the right of appeal.

Personally, I would avoid Coram. They used to be excellent. At the end of last year, they imploded. One of their best staff (solicitor GB) jumped shipped to Watkins (he didn’t stay long, he moved again and is now at Lawstop). Coram then unceremoniously dropped some clients, including ones who had imminent deadlines and upcoming hearings. It was truly awful for those affected. Coram hasn't recovered. A victim of their own previous success.

You could look at Simpson Millar, Watkins, Lawstop. If any have capacity to take you on. I am afraid it is a matter of perseverance. HCB are good but not legal aid so could only do the PAP (and thus some LAs are ignoring because they know you will still have to find someone to take the case) and one of the more expensive options. There are lots of others who you could look at too, e.g. Leigh Day, who IMO are preferable to MS.