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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:
Thread gallery
7
thatsnotmygarden · 02/12/2025 17:31

@Ponche 2 weeks before the AR meeting, updated advice and information must be circulated. Then you have the AR meeting. Following the AR meeting, a report must be sent within 2 weeks.

Within 4 weeks of the meeting, the LA must inform you if they are going to amend or not. If they aren’t going to amend, you get the right of appeal. If they propose to amend, the LA must send the amendment notice at the same time as informing you they propose to amend. You get to comment on the proposed amendments and state your preferred placement. During this process, the LA will consult schools. Consultations won’t be sent before the AR process. LAs often begin consulting before parents respond, so it is important to contact schools yourself to ensure they have an accurate picture and all the evidence. The LA could agree SS is required before or after consultation responses are received - and panels may not exist in the way you are imaging. But the draft must not state a placement or type of placement. Then the LA must finalise within a further 8 weeks.

Do you think a change of placement is required now? If so, you could request to add I to the existing appeal. It will push back the hearing (although that may happen anyway as some hearings are being vacated at the moment because of lack of court time) but will be quicker than waiting for AR then appealing again.

If you appeal section I, it is wise to also appeal B&F. The placement named in I is the logical conclusion of B&F. B+F=I.

@SpaceInvader321 the LA lied to you about s19 provision. On-site provision primarily for kids with behavioural issues isn’t all they could offer. It doesn’t have to be a tutor either. It has to be suitable. If DS couldn’t engage, it isn’t suitable. If it isn’t suitable, it doesn’t fulfil the LA’s duty. It doesn’t even have to involve any interaction with others, in person or otherwise, if that isn’t suitable at this point. The scope of what can be provided via s19 provision is far wider than LAs claim. Provision can be made to meet DC’s needs.

Have you spoken to Dan about finding the right Mindjam mentor? If DS wouldn’t want to try mindjam again, would he be open to trying someone else? There are loads of companies or it is possible to find someone independent.

I think DS needs more therapeutic input. I would push back on CAMHS. It isn’t won’t. It is can’t. They need to change their approach so, with time, DS can engage. However, you don’t need CAMHS to agree to provide therapeutic provision. It should be in F. Thus ultimately the responsibility of the LA, not NHS.

Namechangeagain80 · 02/12/2025 20:46

Is it normal for the LA, when they submit their response to an appeal (against refusal to issue) to literally just quote section 37 of the Children and Families Act 2014 and the SEN Code of Practice and merely state that DD's needs can be met with local provision?

Their deadline was midday today; it's just come through and looks like it was put together in 20 minutes.

I haven't submitted much evidence yet (in middle of an OT assessment and EP won't take place until March), but I spent hours crafting our case, cross-referencing research and evidence and which I set out under headings and with numbered bullet points. They haven't bothered to counter any of the points I made, just made a very short blanket statement. It just feels very amateurish. Is that normal?

I want to request SENDIST direct them to do SALT and clinical psychologist assessments - is now the time to do that? On a SEND7 form? @thatsnotmygarden you mention that sometimes SENDIST agree and sometimes not; do you know what influences their decision?

Namechangeagain80 · 02/12/2025 21:05

Bearlionfalcon · 27/11/2025 11:37

Hey all. Just a quick one about timescales for EHCPs. My DD is in y4 and I’m trying to get the process underway before the start of phase transfer in y6 (2027). I’d hoped to get the NA application in before Xmas but for various reasons I’m totally overwhelmed atm and school are dragging their heels a bit also. Can I just get a sense from others, from start to finish including appeals, how long the whole process actually took for you? I am anticipating multiple appeals obviously. Thank you all ❤️

I submitted a NA for my DD in November last year (year 4), it was refused at 4pm on the last day of term before the Christmas holidays 🙃

I appealed in January 2025, hearing set for August. LA conceded in March (on the day before they were due to submit their response to my appeal).

EP assessment done and refusal to issue in July. I appealed in September (couldn't face it over summer holidays). Hearing set for December 2026(!)

So unless they concede again beforehand, it could be two years (year 4 to 6) from initial application to tribunal decision as to whether or not an EHCP is granted. Obviously even if SENDIST go in our favour, the LA still has to write it... (And I imagine it will need amendments, if not another appeal over content...)

thatsnotmygarden · 02/12/2025 21:23

@Namechangeagain80 responses are often brief. Don’t panic. Yes, you can use a SEND7 now. Don’t forget to seek the LA’s views first. There is little rhyme or reason. The same circumstances can have different answers from SENDIST. A large part is whose desk it lands on, I’m afraid. All you can do is explain the NA was inadequate and why the advice and information is required and hope for the best. Sometimes the reply is they don’t/can’t do that. SENDIST can and does, sometimes, but some won’t/don’t.

Namechangeagain80 · 02/12/2025 21:37

Thank you @thatsnotmygarden That is really helpful.

It just feels like it makes a mockery of the whole thing when their position holds so much weight yet they don't have the argument nor evidence to counteract any of my points!

Also, at what point should I make the request for late evidence? When I have the exact date booked in with the EP?

thatsnotmygarden · 02/12/2025 22:05

@Namechangeagain80 when you make your final submission for the final evidence deadline, you can make it known then there will be an EP report from an upcoming assessment. Then once you have the report, request the late evidence is admitted.

LittlePickleHead · 03/12/2025 17:45

Sent a formal letter to the LA about the failure to finalise the EHCP on time. Alongside chasing the new case worker again and flagging to all parties again that DS has now had no education whatsoever for over a month.

This is really starting to affect my own mental health. Work have agreed to flexibility up to Christmas so i can spend a few hours a day with DS getting out of the house and focussing on him, but it means in order to do that I'm working from 7am in the morning until about 7pm at night. It's not sustainable, so if we don't have any progress by January then we'll need to come up with another plan.

Even though it would put us in a financially precarious situation I am considering just putting all our financial resources towards registering DS at the Independent school ourselves. It would be risky as if anything changed job wise we would have to pull him out, but on the flip side the waiting time and most likely having to go to tribunal if we ever do get the final EHCP means that the longer DS is out of school the harder it will be to get him to reengage with anything.

I'm getting no response from LA on EHCP or on S.19, likewise I'm not getting anything from CAMHS and the support he has been referred to.

It really feels like noone cares if DS just rots at home becoming more and more depressed, isolated, and hard to engage.

Toomuchrain12 · 03/12/2025 23:29

@LittlePickleHeadare you in Surrey?

Risky business independents. Can the school cater to needs and are they willing to offer a place? Have you spoken in depth to the senco? The LA might not agree to fund it even at a tribunal. So think about how long could you pay for it.

Section 19 is separate to an EHCP but it doesn’t mean they will give you anything meaningful (yes I know they should but don’t) without a fight especially if you have a dire caseworker / La.

Did you write on your “formal letter” it was a complaint? Sorry but unless it specifies complaint our LA doesn’t take it as a complaint 😡 Contacted your mp?

Might be quicker a pap.

Anyways that’s my 2 cent - there are some other posters with more knowledge.

Good luck!

LittlePickleHead · 04/12/2025 06:26

@Toomuchrain12 no we’re in Lewisham and up until the point of our case worker leaving they had been quite good, she was responsive, the NA was on time and aside from a couple of errors the draft was good.

weve spoken to the SENCO at the school and they said the school is a fit but they they would want the LA to agree to fund some of the training that is in the EHCP to agree to a place, but they haven’t been consulted yet.

DS is doing trials of the online and in person elements, online has gone ok but in person was a bit tricky, we’re trying again next week so I do know that if he can’t make it in for a lesson they may refuse anyway.

i don’t know what to do any more, we saw multiple specialist schools and DS was actively distressed at the idea of going. We know fully online is too isolating. The PDA element of his autism makes all of this incredibly hard as he will just shut down and not discuss anything that he feels like he’s being forced to consider.

the independent school is the only one (other than the mainstream that he wants to attend but physically can’t cope with) that he has actually said he wants to go to. But the longer he’s doing nothing the harder it is for him to manage anything at all.

the only other option I can see is EOTAS but that is obviously also difficult to get.

from what you are saying we are going to have a battle on our hands but I don’t know what to do right now. I feel like we are failing DS and also I’m struggling to cope with the situation.

Toomuchrain12 · 04/12/2025 06:42

@LittlePickleHeadyou are defo doing your best and more! You always have to remember that! Having a sen child and fighting the LA is exhausting and also soul distroying. I suppose it depends on how old your pda child is. If it’s a mainstream independent they can be long hours, lots of transitions and the evil 11 plus which can be really difficult for a pda child. I suppose the younger they are the easier it is due to less demands. I’d also talk to the head of the school and see what their view of Sen children / what adjustments they are willing to do for the current Sen children on roll. Also, everything won’t be rosey at the independent there still will be some grumpy strict teachers who aren’t flexible and don’t understand pda. I suppose what I am trying to say even if you pay and it’s all good for a while if your child doesn’t do what the school wants them to do and they are not flexible the independent can just off roll and that is it! It’s really really difficult I’ve had that as they do love their NT children who are getting the awards!

Just keep on plodding on for your child, the mp can be quite good try them. Also, if there are any Facebook groups question if there are any good flexible schools for your child (just need a good head) without that it can be stale mate.

Good luck! It’s really hard

LittlePickleHead · 04/12/2025 06:47

@Toomuchrain12 it’s actually a pretty unique school (only one in the country) that is mainstream independent secondary with a hybrid offering - 4 days online and 1 in person. So the kids at this school are pretty much all academically able but neurodiverse. The school itself is really friendly, small, and ‘gets it’ hence why I’ve stated it as the only school that can meet DS needs as there is nothing else like it. And hence why given he actually wants to go I’m wondering if we just try and remortgage or do something else to make it financially viable.

i think it SHOULD be funded though as DS needs to be educated and the LA is currently failing him, but I’m now wondering if the battle with the LA to get this is worth the impact it’s having on DS. It’s awful when your child hates themself and wants to die because they can’t go to school like their friends

thatsnotmygarden · 04/12/2025 12:00

@LittlePickleHead Can you afford to continue self funding if the school is not named in the EHCP? Firstly to Tribunal, but longer term if SENDIST doesn’t agree to Order it be named. You don’t need the LA to agree to fund it at Tribunal; it isn’t the LA making the decisions at Tribunals, but there is the potential the appeal doesn’t go in your favour. Consider the cost of extra special educational provision as well as the base fees. It is highly unlikely the only additional funding would be for some training.

The timescales of the normal complaints process take too long for it to be a suitable remedy. The JR route would be the better remedy, if necessary.

LittlePickleHead · 04/12/2025 12:16

I think we would have to make it work financially if that is the case, it will be tough but it seems like a choice between letting DS fester while we try to get support, or putting him first even though it doesn’t seem fair. If I don’t get a response to my emails and letter by end of tomorrow I’ll look into a JR as next step

Vtm · 04/12/2025 15:00

Thanks a lot for your replies and help. I had submitted all documents I had but have received a No to assessment so EHCNA declined. It was expected as LA refuses to assess by default. The reason given is in short: she is working at expected level and school can meet her needs.

My daughter also has ASD traits but doctor said she would need further assessment to confirm or rule out that.

I am asking for your advice - shall I wait and appeal after this ASD assessment or appeal now based on what I have already provided to LA.

To be honest I have been made redundant at work and am searching for job and there is this Christmas upon us so my mind is not in right place to put forward a solid appeal request at this stage.

I wont be able to do the assessment until mid January.

Needlenardlenoo · 04/12/2025 17:12

Appeal now, or at least get the mediation certificate. The ASD diagnosis may be useful in terms of information to meet your DC's needs, but it won't change what the needs are.

OP posts:
thatsnotmygarden · 04/12/2025 18:18

@Vtm I am sorry to hear about your redundancy.

Personally, I would appeal now. The initial paperwork doesn’t need to be your whole case. You will have the opportunity to add to your case further into the process. EHCPs are based on needs, not diagnosis. Whatever you do, I wouldn’t let the right of appeal lapse.

Vtm · 04/12/2025 18:59

Thank you. I will look into the appeal now. The letter says I have two months to appeal but yes I can start it now and submit more documents later on.

LittlePickleHead · 05/12/2025 07:19

I have a question for those in the know - I am considering a JR letter for failure to issue EHCP. I am most expecting if we push this our preferred school won’t be named and so we will have to appeal. I have no idea what school will be named as we haven’t found any others that meet his needs, but it will very likely be unsuitable.

if we were to pay ourselves for independent whilst going through the tribunal process what position does that put us in?

i can’t counter DS doing nothing through the wait and as I’ve had no response to s.19, he’s been rejected from HOP and everything I’m reading is about lengthy battles to get anything in place even in an emergency I feel like we need to step in to stop DS declining further.

will this influence at tribunal?

AlphabettySpaghettii · 05/12/2025 10:20

Looking for advice please, my asd non-verbal son has started reception last September, before that he attended the in house nursery at his current primary from January 2024. They did an EHCP request after saying he needed a full time 1-1 and they couldn't meet his needs, at the time i looked online and read that a full time 1-1 isn't considered a reasonable adjustment that a school has to make so i accepted the reduced hours he was offered. I've gone through the EHCP process, my son has been on a part time timetable this whole time, the school say 7 hours of 1-1 is all they can provide so won't take him longer for his own safety. His attendance is now down to 24%. The LA called me today just before sending me the draft EHCP and asked me if i intended to name a setting and when i suggested a local specialist unit she told me no? that they would only consider his local mainstream school as a starting point and named which school that was. When i said he's already attending there and they've already said they can't meet his needs and put him on a part time timetable, she said he's only in nursery there and things will be different when he goes up to reception.... i had to actually explained to her, that no he WAS in nursery when we applied 9 months ago but now that they are finally submitting his draft TWO MONTHS past the statutory deadline he is in in fact in reception and they still won't allow him to attend full time, she seemed confused and said "i'll speak to my manager about that". I've now a few hours later actually received the draft EHCP and they haven't specified 1-1 at all in it.. i can't understand how when the education advice report states constant 1 to 1 and the SALT report states he "will not be able to make his needs known in a mainstream classroom without support from appropriately trained staff who know him well" and "he will not be able to independently follow instructions within a classroom environment" that they are not included? They have also mentioned his oral fixation issues and eating inedible objects and in the needs section in B but haven't addressed it if section F. The main reason he needs a 1 to 1 aside from being non verbal is his climbing and choking risks from eating everything that fits in. I don't know what the next step would be, can i demand a 1-1? Will his current setting have to take him full time or will he just be part time indefinitely or constantly sent home again? Please any advice I'd be very grateful thanks. Also they has just left the setting section of the EHCP blank although they have acknowledge in their email i have state a specialist provision as a "parental preference". The use of the word "preference" suggests already to me they don't consider it a need.

How can i say that he either need 1 to 1 or specialist setting, can i demand this? I'm so out of my depth. Sorry and thanks.

thatsnotmygarden · 05/12/2025 11:01

@AlphabettySpaghettii section I of draft must be blank. It must never state a placement or type of placement.

The LA has to give you at least 15 days to respond to the draft. The content of EHCPs is based on the evidence, so your starting point is looking at the evidence.

Go through all the reports with highlighters. Highlight all DS’s special educational needs in one colour and all the provision to meet the needs in another colour. Each need should have corresponding provision.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F.

Make a note of anything the LA has omitted from the draft, any needs without corresponding provision, any woolly and vague wording, anything the reports have failed to include, and any reports the LA has failed to include.

When you go through F, look out for vague and woolly wording. For example, “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. Provision must be detailed, specified and quantified, otherwise the EHCP isn’t worth the paper it is written on and cannot be enforced.

When you find vague and woolly wording, check the reports to see if they are woolly and vague or whether the LA has watered down provision. If the reports are vague and woolly, ask the LA to go back to the report writers to make the reports detailed, specified and quantified. If the LA has watered down provision, request the LA stick to the wording in the reports.

Are you sure the report states ‘constant 1:1’? Unfortunately, "will not be able to make his needs known in a mainstream classroom without support from appropriately trained staff who know him well" and "he will not be able to independently follow instructions within a classroom environment" doesn’t mean 1:1 will be provided. It is far too vague and woolly - e.g. what support and when/how often/ratio, what training, what staff…

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.

Don’t read too much into the term parental preference. You have the right to request placements that are not wholly independent. The LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

When you say specialist unit, do you mean a unit that is part of a mainstream school? For most units, the mainstream school it is part of is named in section I and the provision provided by the unit included in F. This is because most units are not separate registered establishments.

You can’t demand 1:1 or a specific placement. The LA doesn’t need your agreement to finalise the EHCP. Once finalised, if you disagree with the EHCP, you will be able to appeal.

Once a school is named, they must admit. If they try to refuse, they can be forced.

If you want DS to attend, he can unless the school formally suspend. Don’t worry if they do 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) ensure DS receives alternative provision once he has reached that threshold.

It will help you to read the school suspension and exclusion guidance here.

Some bits you particularly might find helpful are:

“19. Suspending a pupil for a short period of time, such as half a day, is permissible but the formal suspension process must still be followed. Each disciplinary suspension and permanent exclusion must be confirmed to the parents in writing with notice of the reasons for the suspension or permanent exclusion.”

Also of interest may be:

“20. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet…An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.”

And

“30. A part-time timetable should not be used to manage a pupil’s behaviour”

Alternatively, if DS can’t attend school full-time, you can request alternative provision. On their website, IPSEA has a model letter you can use.

You can also ask for a wholly independent placement via the EHCP, but the rules are different.

@LittlePickleHead the appeal ticks along as normal. It isn’t guaranteed that SENDIST will agree to name the school, already attending or not. Sometimes the school provides evidence to support them being named, sometimes the school doesn’t.

A pre-action letter can cover failure to provide s19 provision.

AlphabettySpaghettii · 05/12/2025 11:43

thatsnotmygarden · 05/12/2025 11:01

@AlphabettySpaghettii section I of draft must be blank. It must never state a placement or type of placement.

The LA has to give you at least 15 days to respond to the draft. The content of EHCPs is based on the evidence, so your starting point is looking at the evidence.

Go through all the reports with highlighters. Highlight all DS’s special educational needs in one colour and all the provision to meet the needs in another colour. Each need should have corresponding provision.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F.

Make a note of anything the LA has omitted from the draft, any needs without corresponding provision, any woolly and vague wording, anything the reports have failed to include, and any reports the LA has failed to include.

When you go through F, look out for vague and woolly wording. For example, “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. Provision must be detailed, specified and quantified, otherwise the EHCP isn’t worth the paper it is written on and cannot be enforced.

When you find vague and woolly wording, check the reports to see if they are woolly and vague or whether the LA has watered down provision. If the reports are vague and woolly, ask the LA to go back to the report writers to make the reports detailed, specified and quantified. If the LA has watered down provision, request the LA stick to the wording in the reports.

Are you sure the report states ‘constant 1:1’? Unfortunately, "will not be able to make his needs known in a mainstream classroom without support from appropriately trained staff who know him well" and "he will not be able to independently follow instructions within a classroom environment" doesn’t mean 1:1 will be provided. It is far too vague and woolly - e.g. what support and when/how often/ratio, what training, what staff…

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.

Don’t read too much into the term parental preference. You have the right to request placements that are not wholly independent. The LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

When you say specialist unit, do you mean a unit that is part of a mainstream school? For most units, the mainstream school it is part of is named in section I and the provision provided by the unit included in F. This is because most units are not separate registered establishments.

You can’t demand 1:1 or a specific placement. The LA doesn’t need your agreement to finalise the EHCP. Once finalised, if you disagree with the EHCP, you will be able to appeal.

Once a school is named, they must admit. If they try to refuse, they can be forced.

If you want DS to attend, he can unless the school formally suspend. Don’t worry if they do 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) ensure DS receives alternative provision once he has reached that threshold.

It will help you to read the school suspension and exclusion guidance here.

Some bits you particularly might find helpful are:

“19. Suspending a pupil for a short period of time, such as half a day, is permissible but the formal suspension process must still be followed. Each disciplinary suspension and permanent exclusion must be confirmed to the parents in writing with notice of the reasons for the suspension or permanent exclusion.”

Also of interest may be:

“20. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet…An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.”

And

“30. A part-time timetable should not be used to manage a pupil’s behaviour”

Alternatively, if DS can’t attend school full-time, you can request alternative provision. On their website, IPSEA has a model letter you can use.

You can also ask for a wholly independent placement via the EHCP, but the rules are different.

@LittlePickleHead the appeal ticks along as normal. It isn’t guaranteed that SENDIST will agree to name the school, already attending or not. Sometimes the school provides evidence to support them being named, sometimes the school doesn’t.

A pre-action letter can cover failure to provide s19 provision.

Thank you for your response.

This i have lifted form the "education advice" PDF document i received along with the draft EHCP, i believe this was written by his current setting when they made the application but i hadn't seen it before there are several sections throughout the document that mention 1 to 1 support this is just one example:

"Regular 1:1 supported interventions focusing on attention-building and task engagement, using highly motivating, sensory-based materials. Use of interventions such as intensive interaction and Bucket time.
Frequency: Continuous - Daily
Provided by: 1:1 Teaching assistant / SENCo"

I have looked through the SALT report and you are correct that it is vague and the LA have lifted word for word from their report "Frequency: Daily or throughout the day" and "provided by: Educational staff / Key Person / Familiar person" is used several times in section F. How do i challenge this? Is there a template letter i can send asking for more specific wording etc? i saw something on the IPSEA site about specific, precise wording being a legal requirement but if that's true why aren't they already doing this then? Thanks so much sorry to be a pain.

AlphabettySpaghettii · 05/12/2025 11:54

thatsnotmygarden · 05/12/2025 11:01

@AlphabettySpaghettii section I of draft must be blank. It must never state a placement or type of placement.

The LA has to give you at least 15 days to respond to the draft. The content of EHCPs is based on the evidence, so your starting point is looking at the evidence.

Go through all the reports with highlighters. Highlight all DS’s special educational needs in one colour and all the provision to meet the needs in another colour. Each need should have corresponding provision.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F.

Make a note of anything the LA has omitted from the draft, any needs without corresponding provision, any woolly and vague wording, anything the reports have failed to include, and any reports the LA has failed to include.

When you go through F, look out for vague and woolly wording. For example, “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. Provision must be detailed, specified and quantified, otherwise the EHCP isn’t worth the paper it is written on and cannot be enforced.

When you find vague and woolly wording, check the reports to see if they are woolly and vague or whether the LA has watered down provision. If the reports are vague and woolly, ask the LA to go back to the report writers to make the reports detailed, specified and quantified. If the LA has watered down provision, request the LA stick to the wording in the reports.

Are you sure the report states ‘constant 1:1’? Unfortunately, "will not be able to make his needs known in a mainstream classroom without support from appropriately trained staff who know him well" and "he will not be able to independently follow instructions within a classroom environment" doesn’t mean 1:1 will be provided. It is far too vague and woolly - e.g. what support and when/how often/ratio, what training, what staff…

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.

Don’t read too much into the term parental preference. You have the right to request placements that are not wholly independent. The LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

When you say specialist unit, do you mean a unit that is part of a mainstream school? For most units, the mainstream school it is part of is named in section I and the provision provided by the unit included in F. This is because most units are not separate registered establishments.

You can’t demand 1:1 or a specific placement. The LA doesn’t need your agreement to finalise the EHCP. Once finalised, if you disagree with the EHCP, you will be able to appeal.

Once a school is named, they must admit. If they try to refuse, they can be forced.

If you want DS to attend, he can unless the school formally suspend. Don’t worry if they do 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) ensure DS receives alternative provision once he has reached that threshold.

It will help you to read the school suspension and exclusion guidance here.

Some bits you particularly might find helpful are:

“19. Suspending a pupil for a short period of time, such as half a day, is permissible but the formal suspension process must still be followed. Each disciplinary suspension and permanent exclusion must be confirmed to the parents in writing with notice of the reasons for the suspension or permanent exclusion.”

Also of interest may be:

“20. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet…An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.”

And

“30. A part-time timetable should not be used to manage a pupil’s behaviour”

Alternatively, if DS can’t attend school full-time, you can request alternative provision. On their website, IPSEA has a model letter you can use.

You can also ask for a wholly independent placement via the EHCP, but the rules are different.

@LittlePickleHead the appeal ticks along as normal. It isn’t guaranteed that SENDIST will agree to name the school, already attending or not. Sometimes the school provides evidence to support them being named, sometimes the school doesn’t.

A pre-action letter can cover failure to provide s19 provision.

Sorry also to add, yes the specialist unit is part of a mainstream primary school that's just opened up this year and was recommended to me by his current primary school SENCo.

AlphabettySpaghettii · 05/12/2025 12:03

Sorry again for multiple messages (i'm not good at this lol) but also to add, his current primary school even on his part time timetable have called me to collect him a few times as he will get so upset that he will bite himself or go and bang his head against wall's/doors. I just pick him up and don't question it because obviously i don't want him being that upset and hurting himself. They've never officially "suspended" him for this, i've never had anything in writing about it. I've just had another meeting to review his part-time timetable and they sort of glossed over the fact that he will continue on only 7 hours a week for the new term. How long is a reasonable amount of time to accept a part time timetable? I feel like he's missing out on so much but worried for his safety, its a double edged sword. i don't know what to do for the best

thatsnotmygarden · 05/12/2025 12:58

@AlphabettySpaghettii you are not a pain. Don’t ever worry about asking questions. Knowledge is power. The only way to ensure DS gets the support he needs is for you to advocate for him. That is a lot easier to do if you know the SEN system and law.

LAs use woolly and vague wording because it saves them money.

If the reports themselves are vague and woolly, you need to go back to the report writers and LA to request they make them detailed, specified and quantified.

You can respond to the draft however you want. Some people make a list. Some people use colour coding and highlights. Some people do it using the working document key that is used during appeals. IPSEA has a model letter for responding to the draft, but really it isn’t that much of a model letter because of the individual nature of responses. You can respond in whatever way is easiest for you.

Unfortunately, even if that wording was included in F, it is too vague and woolly. What is ‘regular’? How long will each intervention be delivered for and how frequently? ‘Such as’ needs removing. There is a big difference between a TA (with what qualifications, training and experience?) and a SENCO, so which is it? What is in the EP report?

For most units, the MS is named in I and the provision provided by the unit included in F, so check if the unit is a separate registered establishment. Most aren’t. You can check here.

Follow up all verbal conversations with emails to create a paper trail.

You don’t have to accept the part-time education now. You can insist DS attends full-time unless formally suspended or you can pursue alternative provision if DS can’t attend full-time.

AlphabettySpaghettii · 05/12/2025 14:18

thatsnotmygarden · 05/12/2025 12:58

@AlphabettySpaghettii you are not a pain. Don’t ever worry about asking questions. Knowledge is power. The only way to ensure DS gets the support he needs is for you to advocate for him. That is a lot easier to do if you know the SEN system and law.

LAs use woolly and vague wording because it saves them money.

If the reports themselves are vague and woolly, you need to go back to the report writers and LA to request they make them detailed, specified and quantified.

You can respond to the draft however you want. Some people make a list. Some people use colour coding and highlights. Some people do it using the working document key that is used during appeals. IPSEA has a model letter for responding to the draft, but really it isn’t that much of a model letter because of the individual nature of responses. You can respond in whatever way is easiest for you.

Unfortunately, even if that wording was included in F, it is too vague and woolly. What is ‘regular’? How long will each intervention be delivered for and how frequently? ‘Such as’ needs removing. There is a big difference between a TA (with what qualifications, training and experience?) and a SENCO, so which is it? What is in the EP report?

For most units, the MS is named in I and the provision provided by the unit included in F, so check if the unit is a separate registered establishment. Most aren’t. You can check here.

Follow up all verbal conversations with emails to create a paper trail.

You don’t have to accept the part-time education now. You can insist DS attends full-time unless formally suspended or you can pursue alternative provision if DS can’t attend full-time.

Thanks so much i truly appreciate it, navigating all of this is so confusing and stressful.

Yes again looking through the Educational Psychology Advice document, its all more of the same.

Frequency column is "to be used in line with A’s presenting needs" or "Always embedded in practice" repeated over and over... not even sure what that means.

Provided by column variations of "All adults working with A", "A key adult, e.g., Teaching Assistant." or "Teacher or Teaching Assistant who is familiar with IdentiPlay, or similar approach"

A lot of what they are actually suggesting for him i completely agree with, but i don't understand how they realistically expect any of that to actually happen without a 1-1, he will just walk away and do his own thing, he even just opens the doors and walks out of class.
If someone isn't watching him constantly he will eat anything, the things that have come out in his poo after school sometimes is crazy.... the amount of sand he ate once that he was literally pooing sand for 3 days was astonishing, crayon's, glitter, you name it.

The EP report does say,

NEED: A presents with some sensory differences. He appears to seek out sensory input, such as through biting, hanging onto adults, eating non-food items, including eating and smearing his faeces (at the time of writing, the latter mostly occurs within the home environment). This further impacts on his readiness to learn and play within the setting. A regularly attempts to put small items in his mouth, impacting on his safety within the setting.

PROVISION: Adults will work with A to monitor and explore potential sensory experiences that cause him discomfort and those that are beneficial/support his emotional regulation. This will inform appropriate adjustments of A’s environment and strategies to keep him safe in environments that may be challenging for him. This will be done by: • Completing a sensory assessment with A, examples of which can be found here: Sensory - Suffolk County Council. • Using assessment information to make adjustments and adaptations to A’s day to minimise the chance of sensory overwhelm. This may include an agreed quiet place to go to (e.g., a quiet place to eat lunch and/or accessing a lunch time club in a calm environment, “chewelry”, being allowed to move around, a dark den, use of a sensory room or sensory resources, time outside, etc.). • Trialling a range of sensory experiences with A when he is not distressed or is showing signs of very mild distress and observe which activities he enjoys or that seem to support him to feel calm. • For each activity or strategy that appears to calm A, an object of reference or picture/photo will be created and taught to him. The aim is for A to be able to use the visual prompt(s) if he is becoming distressed to choose a calming activity.

FREQUENCY: Within a term. Reviewed at least termly in line with an APDR approach.

WHO: Teacher and Teaching Assistant. Intervention monitoring by the teacher.

So i see they are acknowledging the safety aspect of him eating everything but these "provisions" feel like suggestions rather then something that HAS to be implemented for the safety issue they have acknowledged. How does termly monitoring and reviews prevent him from eating and potentially choking on something every day? When cross-referencing this report to the actual draft, the only mention is in section B sensory and physical needs where it states "A has sensory sensitivities, particularly to noise, and seeks sensory input through activities like sand and water play, chewing non-food items and putting small items into his mouth." which i feel the safety aspect has been minimised and also i can find nothing in section F that i would consider a provision relevant to the need!

Our case worker has sent an email that she will "consult" with the closest mainstream setting and my "preferred" setting and my understanding is that they have 15 days to respond but they have been sent this draft EHCP and reports, which doesn't include a 1-1. Does this means that his current school, who have verbally told me they can't meet his needs because he requires a full time 1-1 will now have to respond to the LA that they can meet his needs based on an EHCP that doesn't provide a 1-1? If the LA names them will they have to backtrack let him attend full time after all, without a 1-1?

They are a great school, all 4 of my children went to this school but my other 3 were not SEN and i feel like a fish out of water. I need my son to be safe, i do appreciate a full time 1-1 is not something that can just magically appear and that if its not in the EHCP it won't happen and i do not blame the school for that but they also ultimately need to understand they've been telling me since Jan '24 he wouldn't be safe without one and that makes me feel like i have no choice but to accept part time or possibly put him into an unsafe environment and that's not a risk i'm willing to take, but then what about his education. I feel like my heads going to explode and panics set in that i only have 15 days to respond and don't know what i'm doing. Thanks again.

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