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

@mollyminniemo I wouldn’t agree to a paper hearing.

@923a56712 writing your own is not a good idea unless you know what you are doing. AI isn’t completely accurate when it comes to SEN. I have known parents use it where it has made up legislation, case law, barristers’ names and get school names/types wrong. Getting it wrong could be a costly mistake.

And the LA may well ignore it if it is obviously AI written. Some LAs ignore any that aren’t written by a firm with a legal aid contract (even if you pay for the letter) because they know ignoring it will kick the can down the road because to proceed you will still have to find a firm to take you on and sometimes the firm will want to send a pre-action letter.

Whether JR is still an option will depend on the specifics of your case. JR is a remedy of last resort, so sometimes acknowledging an alternative remedy means it isn’t an option.

Thankyou thatsnotmygarden x

@mollyminniemodefinitely not when it's so soon.

If it's a long way off and paper's quicker, perhaps possibly, but not at this stage.

Hi all, hope everyone is well. It’s been a while. My hearing for B and F is less than 3 weeks away- feeling nervous!

Is it normal for LAs to bring a solicitor- found out today they’ll have legal representation but it wasn’t mentioned on any forms before.

And isn’t it too late to change/add witnesses at this stage? They’re now bringing the school SENCO along and at first, the NHS OT/physio team leader (who is a physio) was going to attend but now the NHS sensory OT is coming (the one who did the assessment/report).

Not sure if I need to be reading anything into this or if I should be worried. Or if this is all just standard practice.

Thanks Needlenardlenoo x

@Ponche completely normal for LAs to have a solicitor. It is common for LAs to add/change witnesses late in the day. They will use the OT rather than the physio because, I am assuming, you have an independent OT report and an OT will be better placed to counter the independent OT evidence than a physio. Plus, it is likely to be pointed out the physio hasn’t assessed.

Hi all..

More non progress here...after the caseworker told me that the panel had decided to name DDs mainstream school and they had agreed extra funding, I didn't hear from the senco for a week..
Finally spoke to her Tuesday, she then told me she's only just got the draft and the paperwork and has responded to tell the LA they can't meet need. She read me the letter and it was very comprehensive in saying they couldn't do any of the provision stated...

She's also leaving the job and handing over to a new SENCO 🤦

So it seems the LA named the school without consultation...and the school know nothing about extra funding. Not been told a thing.

So I've sent them an email reminding the LA of their legal duty yada yada yada...and basically calling them out for lying.

Back around we go... meanwhile it's been 8 months since she's had any provision of education...

I did raise a complaint a month ago, heard nothing officially, but it did seem to hurry the EHCP along.

So I'm looking at a PAP letter now I think, for failing to provide the provision in the EHCP and for not providing education under section 19. Bit worried though as I've complained officially. But it was about section 19, not section 42...so maybe it's ok as a new issue?

Or I wait a bit, see if they actually deal with the setting issue and produce this funding, which they said was for term 6...which at this rate will mean 6 weeks at the very most of provision...after which they expect her to go back to school.

I've contacted the mediation company, not heard anything about a date yet, been a week. I had hoped it would mean I could see if I could avoid appeal but I think I'm going to call them and just get the certificate.

I just need to get to the end of term and gather my thoughts I think. I'm still just so angry.

Oh grrr @Icantpeopleanymore, that sounds extremely frustrating, especially the SENCO leaving.

@Icantpeopleanymore I wouldn’t bother actively partaking in mediation. It will not resolve a BFI appeal for EOTAS/EOTIS. Just get the certificate and submit to SENDIST.

If you aren’t getting anywhere with the LA, don’t wait. A pre-action letter for breach of s42 will be possible if, and it is a big if, the wording is enforceable. If it is vague and woolly rather than detailed, specified and quantified, it isn’t enforceable. The s19 issue will depend on the specifics, I suspect you would still be able to pursue that too.

@thatsnotmygarden thank you. I thought it might resolve getting her something in the meantime but I'm increasingly thinking they have no intention of getting her anything. I've got to wait till next term now to find out if school will fund something but they keep mentioning academy21, even though I've said she would never cope with the timetable or the structure. I've found the EBSA hub, which is a trial and starts with a learning mentor matched to her interests to devise an online lesson timetable but they haven't discussed it yet.

They're only offering maths and English too, which isn't full time or suitable.

The EHCP is very specific, although missing some things. So specific that the senco said she added up the hours of interventions and said it wouldn't fit into the school day and was specific about art or animal therapy, which they can't offer.

I'll look into ways of getting a PAP letter next week and will phone mediation and ask for the cert.

My brain is full...

@Icantpeopleanymore SOSSEN offers pre-action letters (for breach of s42 and failure to provide s19 provision) it is free of charge, but there is a wait, so you might want to look elsewhere.

I know I harp on about it, but I would check the wording carefully. It is really important and some SENCOs are not aware of what is legally enforceable wording and what isn’t. It would be unusual for provision in an EHCP from your LA to be completely detailed, specified and quantified and not have at least some vague and woolly wording.

@thatsnotmygarden thanks so much, that’s good to know.

I was just wondering, if the LA send the tribunal the ‘final’ working document today, am I still able to send the tribunal another version on Monday or Tuesday (sending it on Tues will still be 10 working days before the hearing)? As I have some things left to amend and not sure if the LA will be able to review my next version if I’m not done till Monday or Tuesday.

@Ponche you and the LA can continue to work on the WD. Don’t worry about that.

Well my complaining resulted in a phone call from the case worker today telling me they have two providers of tuition and a learning mentor, contacting me in the next week...and that as her mainstream have said they can't meet need, it will go out to other schools.

The providers they've suggested don't sound amazing, but if it doesn't work it's more evidence for appeal.

Hopefully no Pap letter needed. Angry and annoyed that it took this long to get here and that I've had no say in what they've offered, but maybe I can work with the tutors/mentor to make it right for her, we shall see.

@Icantpeopleanymore a step in the right direction.

If you haven’t already, I would contact other schools the LA may consult to give them a full and accurate picture. The schools may not speak to you, but this way they have all the information when responding to consults.

@thatsnotmygarden absolutely my plan...no word yet on that of course. I can imagine it'll be several weeks and they'll try to keep her on roll there or will just name it anyway and say if she's getting mentoring that'll get her back in. It'll be reviewed in July apparently although the caseworker said that doesn't mean it'll be taken away.

Can't find much at all on the tutoring, Prospero, I don't have much hope for that. The mentoring company, Salus, seem to have some good stuff on their Facebook about Naomi fishers work, so that's more hopeful, however I don't know if it's online or face to face, which wouldn't work.

I'm just taking it as a positive now and if it doesn't work, it's evidence for EOTAS controlled by me to find her something that might 🤷

She's had a better day after a week in bed, dressed, showered and been outside. So that's something. Also been referred to TRACCs at UCLH for chronic fatigue and hypermobility. All good stuff.

@Icantpeopleanymore Prospero themselves aren’t the easiest to deal with, but for the provision itself it very much depends on the individual tutor(s) you get with Prospero. Some tutors via them are good. However, I know people with multiple poor experiences with them before they admitted they couldn’t meet the DCs’ needs. They can offer F2F tuition.

I have heard mixed things about Salus. Some really positive experiences and some, well, not. They offer a lot F2F, so that won’t be a problem.

@thatsnotmygarden thanks, good to know. Guess I just wait and see. She can't do face to face, it would have to be very low demand and online, also I have to work...I hate waiting for information but I'll use it as a chance to switch off from it all for a few days at least..

@Icantpeopleanymore sorry, I completely misread your post. I thought you said online wouldn’t work. The tuition can be online. That won’t be a problem. I don’t know anyone who has had online mentoring via Salus. Everyone I know has had in person sessions with them. Doesn’t mean they don’t do it or can’t offer it, though.

… still no draft EHCP. Just wondering, are they now over their deadlines?

The EHCP needs assessment was submitted on the 23 Jan. We had an email to say the LA would carry out a needs assessment on 6 March and then a phone call to say the panel would issue an EHCP on 23 April.

Haven’t heard anything else. And no emails or phone calls have been returned.

I was going to email on Tuesday with various other people copied in but wanted to check they’d actually gone over their deadlines before doing so… as we are now at 17 weeks. The lack of communication since the 23 April is the most worrying as I don’t even have it writing they will issue an EHCP.

Continue chasing the LA. If you haven’t already, email the Director of Children’s Services. If the LA is going to issue they must finalise by week 20. In order to do that they should issue a draft by week 14 - but the week 14 isn’t a statutory deadline, hence should not must.

With oldest dd we were in exactly the same position as you. We rang Sossen. They say that you can chase for a decision but advised me not to get too grumpy with the LA at this point because some LAs can respond to any aggressive chasing for a decision by just saying they’ve decided not to issue and make us appeal. They didn’t issue our draft and after the deadline for the final had passed (the 20 weeks) we were advised by Sossen after multiple chasers to send them a pre action letter for judicial review which made them send us a decision (to issue) and the draft.

We sent our request in for and EHCP for our youngest dd in Jan around the same time as you and we’ve had an email saying they will issue but no draft.

Fingers crossed you get your decision soon and sending lots of support.

I've signed it (thanks for the link) but sadly I don't think there's much point asking friends and family to do it. They don't "get it".

@Needlenardlenoo thanks so much for signing and I completely understand about sending it on. Some people just don’t understand what we and our children go through. I wondered this too when I sent it out but my family and friends have been surprisingly good, lots have replied to say they will sign and quite a few have sent it in on to others.