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

Thank you @thatsnotmygarden
We seem to have an issue with the LA trying to name this mainstream school (not our choice) without even consulting them. I believe this coming 14th/15th is when it will be finalised, however I have the email evidence from the (soon to be) named school that they were never consulted!

What a mess 😞

How sure are you that the school is telling the truth? Sometimes some schools claim not to have been consulted when they have.

Thank you this is hugely helpful. I was hoping for a silver bullet of someone who is able to sort everything out for me but maybe this isn't realistic, or the best route.
However re RFA, my DS is still very determined that he wants to go back to mainstream school at some point (although realistically this is quite unlikely) but for him I think the stepping stone approach might be a good one as it might help him to accept a specialist provision which is really what he needs.

@thatsnotmygardenthanks so much. I think it’s week 11 of silence so far. Can I ask for physical assessment as part of the EHCNS and can I ask for ASC assessment if I can’t supply sufficient evidence on the referral form. She doesn’t seem to meet the threshold but presents as an ASC child might when approaching burnout

@LittlePickleHead you are not under any obligation to organise or facilitate the provision. You don’t have to come up with a plan if you don’t want to. You can remind the LA they are responsible. Lots of parents don’t do this because they want to be involved in the setting up of the package so they have input into what, who, when, where, etc. but you don’t have to be. The LA can’t force you to be.

There is a difference between a child who may, at some point in the future, reintegrate or want to reintegrate into a school or college and reintegration being the focus, IMO. Some DC go on to reintegrate. To give you an example from MN, one poster has a DS who had EOTAS, then reintegrated into college and is now a university. He has made exceptional progress. But, when he had EOTAS, reintegration wasn’t the focus. Meeting needs where he was, was. Whereas, some providers have reintegration at or towards the top of their agenda.

@Lelivre during the EHCNA, the LA must seek advice and information from:
a) the child’s parent or the young person;
b) educational advice (usually from the headteacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

In DD’s case, I would request SALT, OT and physio under H. I would also request advice and information from a psychiatrist &/or a clinical psychologist.

I would want C to be from paeds (and any other speciality DD is under or waiting to see). If it isn’t, I would request that as part of H.

The normal referral criteria don’t apply to advice and information sought during EHCNAs, but you are highly unlikely to get an ASD assessment as part of the EHCNA. I think you have enough to warrant referral for a proper assessment, though.

Has DD had any assessments yet?

You would like to think that the School SEN would be telling the truth? I also asked for it to be confirmed in an email, to which they did.

Little bit concerning if they can't tell the truth, I don't know what they'd gain from it

Just like LAs, schools don’t always tell the truth. Also, sometimes things can slip through the net and be overlooked rather than an outright lie.

@thatsnotmygarden yes we have some reports. An excellent psychologist assessment (recommended wisc, pacing, hybrid and independent learning) an OT and physio focusing on pacing and some adaptations (mostly manages without them, pain wise) and various therapist and GP letters asking for adjusted timetables and independent learning. G&T profile with perfectionism prone to burnout out emotional sensitivity and physical limitations of hypermobility are cited. The most difficult thing to navigate is the fatigue and nausea which is worsening as she’s older. She needs more rest than is usual. Why did you say SALT please? We’ve had to get to burnout to get school to allow an ongoing adapted timetable and now it’s clear after a very long time full time school is impossible, hence sec 19.

All I have had so far is letters advising of the delay on the ehcna. I’m not aware of anything in progress as yet.

Thank you for your advice,

Can I please have some help with our current situation?

We chose an Independent School as the preferred placement for our daughters Phase Transfer review. Our LA is insistent on naming a mainstream school. However, the Independent school is not telling us if our daughter was offered a place or not, and the reason(s) from our LA are completely different - one saying that the schools in the borough are oversubscribed (when the Independent school is not in the same Borough) and the other reason being that the school is oversubscribed.

Can the LA withhold such information? and would you recommend challenging this because I do not know if it's the LA making the decision, or if it's the Independent school?

@Lelivre Email the LA reminding them of the statutory timescales. You don’t have to accept the LA delaying the process.

Are the reports from physio, OT, etc. written in the right way for an EHCNA? Normal reports often won’t cover needs, provision and outcomes in the right way and often they aren’t detailed, specified and quantified.

If your reports are, and you, the LA and the report writer agree they are sufficient for the EHCNA, the LA must not seek further advice and information from these professionals (type, not just specific person). However, as I said, many find existing reports are not written correctly so are not sufficient. When they are written correctly, LAs will still often say they are insufficient.

A few reasons for suggesting SALT. A comprehensive team around someone with debilitating fatigue will include SALT. For some, communication can be exhausting, and fatigue and pain can affect communication too. I also think DD needs an ASD assessment. Those who may have ASD benefit from a SALT assessment. SALT is about far more than the physical ability to speak. Thirdly, there are some medical reasons for nausea/vomiting that a SALT may be able to help with. I am not saying that is definitely the case for DD, but it is worth looking at.

@JemJam1 you can request the consultation responses from the LA. You could also speak to the school directly if they will talk to you. Both may well force you to submit SARs.

Is the school wholly independent?

Thank you, I will ask for the consultation response.
I have asked the Maintained Special school twice now if my daughter was offered a place and both times got the same response - your local authority will advise whether or not you have been allocated a place'.

Sorry, the school is a maintained special school.

If the school is maintained rather than wholly independent, you don’t need an offer of a place. Maintained schools can be named even if the school objects.

Thank you,

I am really confused, when viewing the school they said they review the EHCP's and say yes or no and then they go back to the LA's. Can it still be named if they are saying it is oversubscribed?

The LA must consult, but that isn’t the same as being offered a place or not. An offer of a place from the school isn’t required. The school can be named even if the school responds negatively to the consult.

As it is a maintained SS, the LA must name it unless:
-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.

Being full is not defined in law, and for non-wholly independent schools, on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DC is incompatible. The bar for this is higher than many LAs admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. For non-wholly independent schools the LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons above.

Thank you so much for this @thatsnotmygarden it really helps!
I spoke with our LA yesterday and as the Maintained School is in another Borough they've said that Borough have said it's oversubscribed as it's a really sought after school - they informed me, because of the high demand - it's unlikely it will be named at Tribunal.
I think it might still be worth an appeal?

We only received a 'Proposed Amendment' letter for the school they wish to name, no draft EHCP and so far, no finalised EHCP. Is this right? they are notorious for not following the correct procedures. I am trying to show the inadequate handling of our case

Schools in another LA can still be named. As it is a maintained school, the other LA must be consulted. Note consulted doesn’t mean the LA or the school must agree to being named. They can be named even if either or both object. Neither does it mean your LA needs to wait for a response beyond the 15 days. For non-wholly independent schools, no response is taken as a positive response.

Being in high demand doesn’t mean they can’t be named. You would need to ask specific questions about the incompatibility. Specifics, not vague waffle LAs usually try to rely on.

You should have received notification of the proposed amendments (amendment notice, notice of amendment, draft, whatever you want to call it). This should not have a placement or type of placement named. Section I must be blank. You should have received this within 4 weeks of the review meeting.

Then, you should have been given at least 15 days to propose amendments and state your preferred placement.

Then, it should be finalised within a maximum of 12 weeks of the review meeting and also by tomorrow.

Thank you, I am wondering if it would be wise to speak with the LA that the school is in, and to ask for the specifics?

Our DC's annual review was in February 2025
In August 2025 the EHC Plan was finalised and issued (after me complaining)
But in January this year we received a Proposed Amendment to EHC Plan, with no draft EHC or anything else.

Is this the correct process?

You need to approach your LA. They are the ones making the decisions.

As you are in a phase transfer year, you should have had a phase transfer review meeting in the autumn term.

The proposed amendment document is what people call the draft after the AR meeting. Also sometimes called the amendment notice or the notice of amendment.

Hi all. We have (finally!) received our private OT report for a refusal to issue appeal.

Problem is that they have only sent a very comprehensive 42-page document. They have included within it an executive summary of needs and laid out needs and quantified and specific provision (and labelled it as for the relevant EHCP sections). However this is still 20 pages.

It is late evidence; do I:

a) Request on the SEND7 form that it be accepted as is despite being longer than 15 pages because it covers a wide spread of needs including sensory, motor and mental health.

b) Do the same, but ask the OT to provide a statement in support of this?

c) Go back to the OT and ask them to double-check that the executive summary covers everything and reduce it to 15 pages?

How does this 15-page limit work when the LA has submitted in their evidence DD's ASD diagnosis and previous OT report, both of which are longer than 15 pages?

Also, I have a report from CAMHS - do I need to submit a separate SEND7 or can it go with the OT report?

Also, the OT report states that DD will not be able to access mainstream secondary school and needs either a resource base or independent specialist provision. We have not thought in great detail about our preferences and have no idea how DD will be in 18 months' time. How does the OT's view feed into things?

You can cover both the OT and CAMHS reports in the same SEND7.

There is some leeway with evidence written before the new PDs, which I presume applies to the old OT report. ASD diagnostic reports are a bit different.

Is this an OT with (recent) SENDIST experience? They should be aware of the new practice directions. You should speak to them. You can also request permission for it to be accepted by SENDIST, but it may not be agreed.

The upcoming Tribunal won’t deal with the issue of placement.

@thatsnotmygarden

Thanks for your help. Is it worth sending the CAMHS report now or waiting for the OT report to send them together?

Well, I thought it was(!) They're a small company, but some of the OTs seem to be freelance. The OT we had was the one who did the previous assessment. She's very thorough and knows her stuff (and seemed quite experienced with EHCPs), however has been particularly flaky this time in terms of timescales. (I think has been having some personal problems).

When she found out about how late the report was, the owner of the company was very apologetic and actually given us a 40% discount. I had been dealing mainly with the OT, but I have queried the non-adherence to the PD with the owner.

The other thing is that the bundle prepared by the LA doesn't seem to contain the latest position statement I wrote nor another piece of evidence. Do I go back to the LA?

It also contains very generic things like a copy of the core mainstream standards and old irrelevant stuff like a 2021 school report excerpt and incomplete attendance data (things I'd used in initial EHCNA application) - is that usual practice?

They also haven't included some of the things requested by SENDIST.

I knew this was a difficult process, but it's really quite stressful! I am an educated person with a professional job and I deal with complex processes, policy and bureaucracy, but I'm finding this so inaccessible. The guidance is non-existent awful.

@Namechangeagain80 our bundle is also missing documents - the section with LA evidence against our appeal is actually empty and they didn't include the working document or the evidence I sent to sendist 🙄 I did ask LA to correct but they haven't. I cc'd sendist but they haven't responded either.

Our appeal in set for April and I am losing the will to keep going. I think that is what they are hoping for...

Unless you will send the OT report soon, I would submit a SEND7 for the CAMHS report now then another SEND7 for OT report, but if the OT report will be ready to go soon, I would wait and send one SEND7 covering both.

The LA’s response should include everything they used to make their decision. That will include evidence you relied on during the EHCNA. An updated attendance record needs submitting by the LA. If the LA has failed to submit everything required as part of their response &/or comply with any directions, raise this. If the bundle is incomplete, email the LA. If that doesn’t work, email SENDIST cc’ing the LA.

The WD will continue to be worked on until the HD.

Hello,

Can I please have some advice regarding a Phase Transfer Appeal? I wish to appeal sections B, F and I.

Do I just need to complete the SEND35 form and provide the evidence listed?

I am finding the form so overwhelming 😥
I want to be specific and to the point in section 10 but there's not enough space...

I also don't want to waffle or provide too much info? But don't want to provide too little either? - Will I get my chance to explain it all at the Tribunal?

Thank you

You need to submit the mediation certificate, decision letter, EHCP and evidence in K (don’t panic if you don’t have it all, send what you have), and your evidence alongside the SEND35.

You don’t need war and peace in section 10, but you can continue on another sheet if you need more space for your grounds of appeal. You will get the opportunity to expand on your case later in the process. If you have an oral hearing, you will also get the opportunity to present your case - although you shouldn’t be raising big new issues not covered by the case/WD/CRF unless something crops up in the hearing because is supposed to focus on presenting your case and expanding on your evidence/points.