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Here you'll find advice from parents and teachers on special needs education.

EHCP support thread no. 5

1000 replies

Needlenardlenoo · 05/04/2025 19:25

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

OP posts:
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Needlenardlenoo · 06/11/2025 18:57

Stephanie Satarino is a sweetie. She gave me half an hour's free advice.

OP posts:
Namechangeagain80 · 06/11/2025 19:33

@MyCatPrefersPeaches I definitely concur with applying for DLA and using the Cerebra guide. When I initially (successfully) applied, all we had was a report from my DD's initial ASD triage appointment (so even before a diagnosis) and a private sensory OT report. Nothing from school. What I think is more important (as long as you have some professional evidence) is being clear and comprehensive in your own answers (I submitted an additional 3,000ish words answering the questions in detail).

Can I ask whether it was the LA EP or a private one who picked up your son's cognitive difficulties? And at what level did the school say he was achieving at?

My DD had her EP (LA) assessment in July, but other than a couple of brief cognitive tests, which she scored average on, the EP took the school's word that she was academically 'okay', didn't even look at any of her work. I however have some concerns in that area. We have a private EP assessment hopefully in March so it will be interesting to see what they think. (We are appealing a refusal to issue).

Namechangeagain80 · 06/11/2025 19:46

@MyCatPrefersPeaches Sorry just seen that it was an LA EP.

MyCatPrefersPeaches · 06/11/2025 21:17

@Namechangeagain80 thank you, that’s helpful in relation to DLA.

I think we got lucky with the LA EP - we decided to save the funds for a private one if we got a refusal to issue. I spoke to her before she saw DS as she was pushing to do it remotely, and I was very firm that she needed to see him in person as she wouldn’t pick up half of his body language down a screen. But the actual assessment seemed quite thorough - she observed him in the playground and classroom, and then had maybe 45 minutes with him. The report suggests quite a range of exercises were done as well as (attempted 😂) chatting.

I know she spoke to the SENCO, I assume she looked at his work, she had about an hour with me, and had clearly read all the reports. We felt he’d been properly assessed and that she “got” him, which is about as much as you can hope for from any assessment. I’m sorry you didn’t have the same experience.

He has a very spiky profile and she really observed him closely, which nailed down a number of things underpinning behaviours which puzzled us. We’ve always felt he is very bright but not reaching his true potential, whereas school say he’s fine. Fine! His work has generally been in line with age related expectations but dropped somewhat last year. So I’d definitely recommend a more extensive range of cognitive exercises if you think your DD has cognitive issues.

Namechangeagain80 · 07/11/2025 10:34

@MyCatPrefersPeaches

That's really helpful, thank you. It is such a relief when you feel that an assessment is a true reflection of who they are.

The LA EP who we were originally assigned seemed really good and he actually recommended DD be seen in person (he was only assigned to us as a remote assessor as lived nowhere near).

However the EP who we were eventually assigned very much seemed to take things at face value and didn't delve any deeper. DD is a pro-masker. To be fair, it can only be a snapshot and her focus was DD's EBSA. (However I am of the view that DD's struggle with academic work is very much interlinked! Not least because that is the only thing DD has ever been able to articulate as a reason).

The other thing was that her visit to the school was unannounced (I only found out after it had happened) and because she "had an unexpected slot", which again, I know how stretched they are, but it meant I wasn't able to speak to her beforehand.

I feel that DD is the same with regards to potential and spiky profile. She is very verbally articulate, but struggles to get things down on paper. Her reading is 1-2 years ahead (she was actually previously greater depth in reading), but is very much a sight reader (she has an incredible visual memory, but if she comes across a word she's not seen before, just guesses) and her spelling and grammar are awful. She also struggles with handwriting. In fact her OT assessment actually highlighted a huge discrepancy between her visual perception (87th percentile) and visual motor integration (19th percentile).

Her current teacher acknowledges an issue with spelling, but because DD can sometimes correctly spell the odd complicated word (yes, because it's an easy word to remember visually!), she puts it down to her 'rushing'. And I definitely think there is a element of that (I believe she also has ADHD - is awaiting assessment), but a lot of her spellings are just bizarre.

Namechangeagain80 · 07/11/2025 10:50

@MyCatPrefersPeaches She had to do a factual report in English last term on a topic of her choosing and she chose mythical creatures (one of her special interests). I saw her books at parents' evening and took a couple of photos. It started: "Miskher chers from arot the world" "Diffed miskher chers from diffed clould oll spssle in diffed ways. Read on to then ot."

Are you telling me that that is really expected level for a bright year 5 who is above average in reading?!

Ehcphelpbeep · 07/11/2025 11:45

MyCatPrefersPeaches · 06/11/2025 00:42

@Ehcphelpbeep , thanks for your post. I have wondered about applying for DLA but I wasn’t sure whether his care needs would be sufficiently high for us to be awarded it. I should probably look at it in more detail as I suspect he will need more care than the average child his age. His needs affect the hours I can do work-wise as well, as he doesn’t cope well with after-school club. Do you know what sort of evidence I would have to provide?

We sent off copies of our psychologist/therapist reports as evidence and a copy of the school IEP. There are some really helpful guides online for filling in DLA, like the one by Cerebra.

LittlePickleHead · 07/11/2025 16:12

Hi all, hoping someone can help with EOTAS request? We’re due to receive the draft EHCP soon and I can’t find a provision that fits what DS12 needs. He is ASD and EBSNA and in a bad place. He desperately wants to attend school but is unable to do it - transfer to secondary was a disaster, online schooled for two terms which he managed academically but which he found isolating. Tried a new secondary again with great SEN provision but was managing an hour in the LS room at most and still burning out, so hasn’t been in at all for about four weeks now.

the school recommended EOTAS as my hunch is he needs something by flexible and therapeutic that helps him deal with his diagnosis and come to terms with the fact he needs a specialist school (he just wants to be normal and be with his friends and won’t entertain anything else, despite also accepting it’s not going to work).

any advice on how we approach this and how we respond to the draft EHCP with this request?

thatsnotmygarden · 07/11/2025 17:35

@LittlePickleHead the legal threshold for EOTAS/EOTIS (EOTIS is the preferred term by some now because of the preference of some SENDIST judges) is that it is inappropriate for provision to be made in a school. You will need evidence of this.

With EOTAS/EOTIS, section I remains blank. The content of the EOTAS/EOTIS package must be detailed, specified and quantified.

When you respond to the draft, you will need to propose the necessary amendments, cross-referencing the evidence. These amendments will then support the argument that it is inappropriate for provision to be made in a school, it is necessary for provision to be made otherwise than in school in line with section 61 of the Children and Families Act 2014, and section I should remain blank.

Have you contacted/visited other schools? While the LA doesn’t have to consult any/all schools before agreeing to EOTAS, despite what LAs often say, speaking to/visiting schools will help you build arguments as to why placements are inappropriate. This can be even more important if you have to appeal, which unfortunately most do have to appeal for EOTAS/EOTIS, especially for a proper EOTAS/EOTIS package. Although I wouldn’t mention EOTAS to the LA just yet. You don’t want for them to refuse to issue because they know you will be going after EOTAS/EOTIS.

LittlePickleHead · 07/11/2025 21:13

Thanks @thatsnotmygarden I think we have enough evidence that needs cannot be met even in specialist provision (severe EBSNA, need for 1:1 mentor support, hybrid approach to support virtual learning if needed and therapeutic support to come to terms with ASD and need for a different approach). I cannot find an AP that would do all of this, though are visiting a few more potential options next week. There is no way mainstream can meet his needs and even AP I don’t see how we would get him in the building as he won’t counter it. We need someone to build trust outside of the school environment and then support to reintegrate. We have a lot of evidence to support this. I found a tutoring service nearby who said they can help put together a package for the EHCP once we have the draft. I’m just so worried about what happens if we do have to go to tribunal as I know the timelines are so long. What does DS do in the meantime? His mental health is really suffering with being in limbo not knowing what’s going to happen next

thatsnotmygarden · 07/11/2025 22:06

@LittlePickleHead “in F” is missing from the end of the second paragraph of my pp. I shouldn’t get distracted part way through writing a post without going back to proofread!

You will be able to request an expedited hearing on the basis DS is not in school. The LA will still have a duty to provide anything detailed, specified and quantified in F and ensure DS receives a suitable, full-time education. Unfortunately, it is rare to get a good comprehensive EOTAS/EOTIS package without an appeal. Many have to appeal to even get EOTAS/EOTIS at all, a good package or otherwise.

With EOTAS/EOTIS, you don’t need one AP to do it all. In fact, most APs are not registered establishments, so cannot provide a full-time education because of the rules around unregistered schools. And although there are some who cover everything you mention (and offer off-site provision including at home), it would be a very poor EOTAS/EOTIS package that only included provision one AP alone could provide. It is normal for DC to use multiple providers (APs or otherwise). Just so you are aware, providers are not named in F. That is for the child’s benefit as much as anything.

When you get the draft, it can help to make a table. Needs from B (it can help to break it down into the different areas of needs), provision from F (and any provision that is not in F but is essential for the delivery of the provision in F), provider (don’t worry if you don’t know this), cost (one off/weekly/termly/yearly - again don’t worry if you don’t know this for your proposed provider), outcome. You can add a column for how each part of the personal budget will be paid (direct payments, third party arrangements, commissioned directly). This will help you start to put a proposed package together. Making a list of any provision that isn’t in F but is necessary in order for the LA to fulfil their duties under s19 is a good idea too.

It can also help to make a mock timetable. If provision needs to be child-led/self-directed, that can still be accommodated in a timetable. This enables you to show it is a considered, organised, reasonable plan, which is important, and even more important if you have to appeal.

For Tribunal, they need to see the plan is considered, organised, reasonable and, importantly, viable. Some parents get bogged down with the past. That is a downfall. Yes, for EOTAS/EOTIS, you need to demonstrate it is inappropriate for provision to be made a school, but, as SENDIST is forward looking, they also need to see the plan going forward. They need to see it is carefully considered. It helps for them to see the needs, what the provision will look like (too many try to rely on vague statements &/or the belief that they can rely on them as parents knowing their child), how the provision will meet those needs, that there is some kind of future plan going forward beyond the past - like a school will have an aims and ethos (and sometimes vision) statement, prospectus and SEN information report. It helps to build this from the start.

Personally, I would be careful of using a tuition service to help you put together a package. The provision in F (and anything required to comply with the duty to provide that) will form the content of the package, which, in turn, is based on the evidence. Who will provide the provision is a point I wouldn’t want to rely on a tuition service for because the company has a vested interest in securing business. Even if they are your preferred provider for elements of the package.

LittlePickleHead · 08/11/2025 08:19

Thanks so much @thatsnotmygarden, I deal with complex strategic projects in my day job and even I’m finding this an incredibly complicated and confusing process to you through, so this is helpful.

given we still don’t know how long it will be until we get the EHCP agreed (particularly if we push for EOTIS) should we be pushing for a section 19? I’m really worried about DS as his mental health is really suffering right now. Should they still provide him with some form of temporary education?

we had a referral in progress for hospital outreach (from the school) but heard yesterday that they now won’t admit him as the LA have agreed to issue an EHCP, but this seems mad as it could still be months until we get it finalised. The longer he’s doing nothing the harder it will be to get him to engage with anything

SENDIASS have been helpful but they are so slow to reply - it’s about two weeks so by the time I hear back the situation has moved on

Icantpeopleanymore · 08/11/2025 10:58

Hello all....I am back in frustration territory...phoned the LA last week to try to get someone to make contact about the mediation actions they agreed nearly three weeks ago... finally got the name of the SEND assessment officer, was told to fill out a contact form...that was Wednesday, heard nothing since.

Doing the tribunal paperwork again this weekend with the new mediation certificate, but just in limbo now. How on earth can they get away with no contact whatsoever?!

Wondering if in the meantime I can complain officially that they aren't meeting all the provision in the EHCP? (DD only gets online school, no other provision other than mentoring, that she can't access. They company are willing to offer something else but they can't do that currently because they can't get anyone to answer their emails either) . That seemed to get something moving last time, although it took months, but it would be quicker than getting a tribunal date.

I'm just lost, I'm so angry and frustrated. I went into mediation thinking some progress would be made, it seemed from the actions that they were willing. Now I just think they clearly did it wholly with the intention of delaying me enough so I couldn't appeal.

MyCatPrefersPeaches · 08/11/2025 11:25

Namechangeagain80 · 07/11/2025 10:34

@MyCatPrefersPeaches

That's really helpful, thank you. It is such a relief when you feel that an assessment is a true reflection of who they are.

The LA EP who we were originally assigned seemed really good and he actually recommended DD be seen in person (he was only assigned to us as a remote assessor as lived nowhere near).

However the EP who we were eventually assigned very much seemed to take things at face value and didn't delve any deeper. DD is a pro-masker. To be fair, it can only be a snapshot and her focus was DD's EBSA. (However I am of the view that DD's struggle with academic work is very much interlinked! Not least because that is the only thing DD has ever been able to articulate as a reason).

The other thing was that her visit to the school was unannounced (I only found out after it had happened) and because she "had an unexpected slot", which again, I know how stretched they are, but it meant I wasn't able to speak to her beforehand.

I feel that DD is the same with regards to potential and spiky profile. She is very verbally articulate, but struggles to get things down on paper. Her reading is 1-2 years ahead (she was actually previously greater depth in reading), but is very much a sight reader (she has an incredible visual memory, but if she comes across a word she's not seen before, just guesses) and her spelling and grammar are awful. She also struggles with handwriting. In fact her OT assessment actually highlighted a huge discrepancy between her visual perception (87th percentile) and visual motor integration (19th percentile).

Her current teacher acknowledges an issue with spelling, but because DD can sometimes correctly spell the odd complicated word (yes, because it's an easy word to remember visually!), she puts it down to her 'rushing'. And I definitely think there is a element of that (I believe she also has ADHD - is awaiting assessment), but a lot of her spellings are just bizarre.

Edited

That’s really interesting. DS also has very poor visual motor integration (6th centile) and he has a formal diagnosis of DCD (dyspraxia). The EP who assessed him picked up that his processing speed was off the chart but his accuracy was way off (aka focusing on completing the task, no interest in how good a job he did 😂). She identified he has significant visual spatial difficulties and will struggle to process information in a visual format, which is often how information for kids with SEN is presented. He doesn’t have the difficulties your DD does with spelling (but we’ve never thought he was dyslexic). It sounds like you really need someone to dig into her difficulties in a more detailed way. Happy to discuss via DM if you’d like to.

MyCatPrefersPeaches · 08/11/2025 11:29

Ehcphelpbeep · 07/11/2025 11:45

We sent off copies of our psychologist/therapist reports as evidence and a copy of the school IEP. There are some really helpful guides online for filling in DLA, like the one by Cerebra.

Thank you - I need to sit down and have a proper look at it but certainly some of our paperwork from last year probably does reference support needed at home (eg OT report and ASD/DCD diagnosis paperwork). We are not on the breadline in any way but we simply don’t have enough wriggle room in our budget to pay for ongoing therapy on a regular basis without making significant cuts elsewhere (eg not having a modest annual holiday, which is important to all of us). So it would make a difference.

Needlenardlenoo · 08/11/2025 12:13

Icantpeopleanymore · 08/11/2025 10:58

Hello all....I am back in frustration territory...phoned the LA last week to try to get someone to make contact about the mediation actions they agreed nearly three weeks ago... finally got the name of the SEND assessment officer, was told to fill out a contact form...that was Wednesday, heard nothing since.

Doing the tribunal paperwork again this weekend with the new mediation certificate, but just in limbo now. How on earth can they get away with no contact whatsoever?!

Wondering if in the meantime I can complain officially that they aren't meeting all the provision in the EHCP? (DD only gets online school, no other provision other than mentoring, that she can't access. They company are willing to offer something else but they can't do that currently because they can't get anyone to answer their emails either) . That seemed to get something moving last time, although it took months, but it would be quicker than getting a tribunal date.

I'm just lost, I'm so angry and frustrated. I went into mediation thinking some progress would be made, it seemed from the actions that they were willing. Now I just think they clearly did it wholly with the intention of delaying me enough so I couldn't appeal.

@Icantpeopleanymore I am sorry that you are probably right on that.

Is your MP any good? They may not be able to shame the LA into getting off their backsides but you never know. There is a LOT of publicity currently thanks to the shoe protest.

OP posts:
thatsnotmygarden · 08/11/2025 12:30

@LittlePickleHead where are you in the EHCP process? Is the LA sticking to the timescales? There is nothing in law stopping the hospital outreach service providing provision. That is local policy rather than law. And the LA is still responsible for ensuring DS receives a suitable full-time education. If DS can’t access school, then, yes, you can request s19 provision. Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

@Icantpeopleanymore if provision detailed, specified and quantified in F of the EHCP isn’t being provided, the remedy is pre-action letter/JR. The normal complaint process timescales take to too long for it to be a suitable remedy.

If it isn’t detailed, specified and quantified in F, the remedy is an appeal. By all means complain as well, but be aware the LGO won’t deal with issues within SENDIST’s remit because SENDIST is the remedy - not that going to the LGO would be quicker.

LAs often use mediation as a delaying tactic. Even more so for a BF appeal involving EOTAS/EOTIS. For the future, you don’t have to actively partake in mediation. You only have to consider it. You can get the certificate and submit to SENDIST. Actions in mediation agreements aren’t optional for LAs, but the time limit for the LA to comply isn’t up yet and full agreement wasn’t reached so you would still need to appeal.

LittlePickleHead · 08/11/2025 12:46

@thatsnotmygarden we are quite far along, was advised last week the draft report is ready apart form DS’s ‘my world’ section (which we’ve now sent back). The LA have met all time frames so far (in fact the draft report came back about 2 weeks after the EP submitted their report after advising they had up to 15 weeks so they have been quite quick).

I would imagine we’ll have the draft report back next week maybe? So perhaps the route is an expedited hearing rather than s.19? In any case I have emailed the LA in response to my previous request updating on the HOP situation as it doesn’t make sense to me (the ASD lead at the school did say they are overwhelmed with referrals at the moment which I suspect is playing into this policy)

thatsnotmygarden · 08/11/2025 12:55

@LittlePickleHead it doesn’t have to be either/or. You can have s19 provision and request an expedited hearing date. Do you mean you expect the draft EHCP next week rather than the draft report?

Namechangeagain80 · 08/11/2025 13:02

MyCatPrefersPeaches · 08/11/2025 11:29

Thank you - I need to sit down and have a proper look at it but certainly some of our paperwork from last year probably does reference support needed at home (eg OT report and ASD/DCD diagnosis paperwork). We are not on the breadline in any way but we simply don’t have enough wriggle room in our budget to pay for ongoing therapy on a regular basis without making significant cuts elsewhere (eg not having a modest annual holiday, which is important to all of us). So it would make a difference.

Yes, we have been using DD's DLA to pay for private play therapy (plus the multitude of different clothing we buy in attempts to find something she will wear - has sensory processing challenges and is very restricted in what she will wear!).

Thanks for your comments on the cognitive testing side, will send you a DM 🙂

LittlePickleHead · 08/11/2025 13:13

thatsnotmygarden · 08/11/2025 12:55

@LittlePickleHead it doesn’t have to be either/or. You can have s19 provision and request an expedited hearing date. Do you mean you expect the draft EHCP next week rather than the draft report?

Yes sorry, the draft EHCP should be with us soon (according to our case worker)

thatsnotmygarden · 08/11/2025 13:35

@LittlePickleHead if you are expecting the draft imminently, I would hold out for that before being a thorn in the LA’s side about s19 provision. You don’t want to give them a reason to issue an even worse draft than they otherwise would or even refuse to issue. It is about playing your hand at the right time.

LittlePickleHead · 08/11/2025 13:36

Oh goodness why would they do that? I’ve already emailed so I’m a bit stressed now! I’ve been very polite and explained I don’t knows timelines but he’s out of school and now HOP has been denied so can they advise what to do?

thatsnotmygarden · 08/11/2025 13:42

@LittlePickleHead An email is fine. I more meant enforcing provision. They do it because it kicks the can down the road. It saves money in the short term.

I wouldn’t ask the LA for advice. They will tell you what they want you to know and their version of the law.

Section 19 provision should begin as soon as it becomes clear 15 days will be missed. The days don’t need to be consecutive or already missed, and provision should begin by the sixth day of absence.

For the EHCP, with a few limited exceptions, if the LA is going to issue, they must finalise I by week 20. In order to do that, they should send the draft by week 14. If they aren’t going to issue, they must inform you be week 16.

LittlePickleHead · 10/11/2025 09:41

@thatsnotmygarden thanks for all your advice. We are seeing a few settings this week - one is an AP that is on the LA list, one is a private hybrid school (so I understand they would need to agree to admit based on the draft EHCP is that right?) and one is the EOTAS provider. I have high hopes for the first as it sounds like this is going to be the easiest and quickest to arrange, and actually it does sounds like they can meet his needs.

Am I right in thinking if we name this AP and it's clear they can meet his needs then they have to accept DS?

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