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

@Fififizz you are welcome. I have sent you the PfA inventory via email. If you don’t want to go down the route of getting another EP report &/or it isn’t possible to get an addendum, you could look at other assessments, e.g. OT or ISW. Both of those are well placed to comment on PfA.

@thatsnotmygarden

Thanks, I can probably push for LA EP
advice and info to be sought due to two new diagnoses and age of reports/last EP input. Whether it happens and how good it might be I can’t say. Sometimes it’s not worth pushing for rubbish input. Thanks, we had private SALT but unfortunately school SALT didn’t operate at that level and wasn’t great. With hindsight I should have pushed for PB but when child is reluctant to engage with professional support it’s difficult to know what’s for the best. I was constantly conscious of not upsetting the apple cart either as DS was near school refusing in his previous setting. I’ll look at my various options for getting independent evidence plus there’s DS views which he’s capable of giving now and count. Current EHCP limits classes to 6 max for specialist school. DS is looking at MS college with school support for the remainder. I’m assuming the 6 limit current wording will be an issue for college? Also, how can college support study skills, independent learning, assistive tech support etc. Do I need to ask the college myself how they support? School haven’t done so yet as far as I’m aware. Thanks again.

@Fififizz study skills and independent learning skills can be delivered by a specialist study skills tutor, specialist tutor/teacher, mentor or, depending on what the exact provision is, sometimes a teacher or TA/LSA.

Assistive tech assessments can be via a specialist company then supported by one of the above staff. Some EPs and specialist tutors/teachers also feel confident enough it recommending assistive tech. Depending on needs/the OT, sometimes OT will too.

These can all be included in an EHCP, so it doesn’t matter what the college normally provides.

A class size of 6 wouldn’t be possible in the vast majority of mainstream college courses.

Hello! I’m new to this all - just received email from LA saying they are currently working on the request for assessment which was sent last week. Anyone ever had a decision back quickly? 😭 currently on a reduced timetable already and I’m so over the lack of support.

Most of the time LAs do not do inform parents if they are going to assess or not before they legally have to.

Why is DC on a reduced timetable? If DC is CSA, is alternative provision in place?

Hi @thatsnotmygarden, this is weeks late but I wanted to come on and say thank you - we won our appeal. Thank you for the steadying, accurate and truthful advice you give not just those of us who post, but the hundreds of other parents who I suspect lurk (I say as a usual lurker!).

@LiterallyActually Hurrah!. You are welcome.

Hi,

Can someone please explain if the LA concedes to issue a plan after final evidence deadline etc would they just fill a form to withdraw or should they be doing a consent order?
Is there anything I need to cautious of?

Thank you

@Luckycloverz don’t withdraw! If the LA concedes following their response, you/they must go through the Consent Order process. If the LA is telling you otherwise, ignore.

Thank you, so they will have to do a consent order or could they just try and withdraw themselves without this?

@Luckycloverz the LA can’t withdraw the appeal. It needs to be via Consent Order.

yes they are in reception. It states “Violent behaviour”, although it’s not just that is it, it’s being unregulated, having no support. No alternative provision in place

@Crispbutties if DS is in reception, is he a summer born DC you deferred? If not, DS isn’t yet CSA.

This is an unlawful, informal exclusion. You don’t have to allow it to continue. Part time timetables should not be used to manage behaviour. The suspension and permanent exclusion guidance is clear on that. If you want DS to attend full-time, he can unless the school is formally suspending. Don’t worry if the school does suspend. A formal suspension rather than an unlawful informal exclusion it will a) provide you with evidence of unmet needs, b) force the school to follow due process, c) limit the number of days the school can suspend for, d) allow you to challenge any suspension, and e) if DS is compulsory school age will ensure he receives alternative provision once he has reached that threshold.

If DS is already CSA and can’t attend full-time, request alternative provision from the LA. On their website, IPSEA has a model letter you can use.

EHCP has been finalised.
caseworker advised she had to due to tribunal deadline but she will amend once she's spoke to professionals (all of them) in order for clarification on things and she'll then add in and reissue.

got an email today, the LA EPs, first report July 2024, second one (update to change in needs) done in Feb 25.
both have stated they can't comment as they aren't aware of his needs now.
but why can't they comment on the report they made?
not much has changed tbh.

If you aren’t satisfied with the EHCP, you should appeal. Don’t rely on the LA saying they will reissue. They might not even if they say they will, and if they do, it might not be to a satisfactory standard.

An EP isn’t going to further clarify their reports from 15 and 8 months ago without further involvement. They have to be able to justify and defend their recommendations in court if necessary. (Which is why LAs get ripped to shreds when they try to bring an EP/OT/SALT as expert witness when they haven’t had involvement with DC or haven’t had involvement recently.) Some, but not all, would write an addendum if they had further involvement and their existing report was still up to date with only minor additions required.

Hi everyone.

(Coincidentally?!), today I received both a (rebuttal) response to my stage 2 complaint to the LA regarding the fact that they failed to seek advice from an OT, SALT and clinical psychologist for the EHCNA (despite 'reasonable' requests) and the registration of my appeal for refusal to issue from SENDIST.

(The letter from the LA also referred to DD not having had the EP assessment yet and apologising for the delay - the EP assessment and refusal to issue were in July 🙄).

I have booked a private OT assessment (EHCP-compliant) anyway as DD is struggling quite a lot sensory-wise at the moment.

Our GP has also made a referral to CAMHS as I have some concerns that some of DD's ritualistic/sensory-related behaviours are bordering on OCD. Had a triage phone call from them last week and they've agreed she should be assessed so have put her on the waiting list.

Do I now submit a SEND7 to SENDIST requesting they direct the LA to conduct SALT and clinical psychologist assessments?

Is it worth continuing the LA complaint to LGO level?

The response to my complaint letter from the LA continues with the line that my requests weren't reasonable because DD wasn't known to the services. Is this unlawful based on the fact that the law doesn't actually stipulate what 'reasonable' means?

The reasons I believe my requests were reasonable are because, for OT, DD had a private assessment two years ago and the OT concluded that DD had "significant sensory modulation challenges"; SALT - the difficulties outlined in DD's ASD diagnosis; and clinical psychology - admittedly not as much 'evidence', but the behaviours described by myself and anxiety highlighted by both the OT and someone who worked with DD at school.

I have a feeling I read that 'not known to service' wasn't a reasonable excuse not to ask those services to assess. There must be plenty of children who haven't yet had contact with an NHS OT for example. That's what a NA is for. Circular thinking by LA/NHS.

We have joined the line for SENDIST, again. They have a lot of appeals at the moment so 20 days just to register. DH did a brilliant job compiling all the evidence/documents so far.

Reg 6(1)(h) states the LA must seek advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from. Being known to the service isn’t a prerequisite.

You can complain to the LA. Although the LGO has a long wait.

I would wait for the LA’s response to the appeal before asking SENDIST to direct the LA seek advice and information from SALT and CP via a SEND7 - don’t forget to seek the LA’s views first. However, there is no guarantee SENDIST will agree. They don’t always. Sometimes they even say they can’t. Even if they agree, it doesn’t guarantee good advice and information.

If you can afford it, you could look at independent assessments.

Thanks @Alltheyearround @thatsnotmygarden

So how does anyone get the LA (mine, but I imagine others spout the same line!) to seek advice and information from any other service (if the child isn't known to them) if they state that?!

If we'd got the CAMHS referral accepted before the EHCNA had taken place, would that have counted as known to the service?!

The date for our hearing is December 2026...

Many seek independent evidence. If LAs don’t seek advice and information, some are successful in getting LAs to comply via complaining/going via the LGO or approaching SENDIST. In theory, JR is possible, but the majority don’t go down this route because it doesn’t guarantee good evidence. Although some find the threat enough - this is not as successful a tactic as in the past.

Sometimes the not known to the service line is still used when there is a referral in the pipeline.

We found out after 4 weeks, but I've never heard of anyone else finding out early.

@Namechangeagain80 What the LA state as their policy or usual way of doing things is frequently at odds with the law.

Always check what the law says and take it from there. You will become accustomed to 'reminding' them. I've had to remind quite senior figures in the LA before now. I have had occasion to ask our solicitor to remind them as well (expensive reminders, those ones).

We had LA and NHS reports/assessments to begin with, for example EP. After a certain point, where the NHS couldn't provide services (after primary for the OT stuff) we have had independent reports from SALT, OT and now EP. It costs a lot of money (probably 2k per report on average) but they are often much better specified in terms of what should be provided, when, how often for how long and by who. This directly informs the EHCP wording and can be invaluable if you end up having to go to Tribunal for refusal to issue or a vague plan which is a chocolate teapot.

See how you go for now.

Hoping our hearing is in spring 2026, we are phase transition so tribunals service tend to try to get to these as soon as they can. But I won't know for sure until they let us know a date. This is our second one.