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

I don’t know whether anyone has any advice, we are going through an absolute horrendous time with my sons draft EHCP. My son is summer born, global delay in all areas, non speaking, in nappies, autistic. He has a developmental age of 20 months (apart from speech which is 15) the LA have decided they will not allow him to be deferred a year and start in reception in 2026. He cannot go to school. Educational physiologist, primary school, nursery setting, SALT have all written lengthy documents suggesting deferral is essential for his needs. Yet they still said no reasoning they blanket ban deferrals as they are detrimental. I countered that with research which over whelmingly states SEND students who defer have far greater retention into further education better mental health, blanket decisions are unlawful as they don’t account for individual needs.

I do not know whether anyone to do, he can’t go to school- has anyone got any ideas how we can counter this?

@mollyminniemo pleased to hear it went well.

@lovemetomybones you could push the LA to finalise then appeal. However, the appeal wouldn’t be concluded before the start of the 25/26 academic year.

Having said that, if your preference is a special/specialist school (which it presumably is), classes are often not organised based solely on age. So you may find DS is in a class with younger pupils or pupils a similar age but with a similar profile. Have you asked them how they organise their classes?

La finalised ehcp few months back via consent order order and agreed to salt and ot in Section f, specified and quantified. We used independent salt and ot for this.
A la appointed Ot has contacted requesting to carry out assessment. I replied with questions about this and they advised they been asked only to complete assessment and not the therapy. Ive said ehcp states therapy and so why a further need for assessment when la agreed?! Am I right in questioning this? Thanks

There seem to be some very knowledgeable folk here - I'm wondering if anyone can help with this situation?

Son in mainstream. Been unable to attend fully for 2 years. Had interim review in Feb, LA refused to consider change of setting but proposed some AP to see if that would work to re-integrate him. Only got final EHCP from that review on May 12th so have right of appeal until July 12th.

We are now due Annual Review and it's KS3-4 transition.

I've found an independent specialist that I want him to go to. Awaiting a formal offer but they've said they can meet need and we're starting their assessment process which they've said they'll do as quickly as possible.

How do I progress this now? I could simply appeal against the current final EHCP before July 12th assuming the indie specialist makes a formal offer or I could go to the AR, request change of setting and if they say no, then appeal.

I'm concerned if I go to AR I lose right of appeal as the EHCP goes back into draft? And then they drag their feet providing a final version (took 4 months after interim review plus summer hols coming up) so I can't appeal until Oct/Nov and we're already up against it as going in to year 10 in Sept (although would go back a year at the indie specialist)

Current school happy to support and will state they can't meet need.

I just want to make sure we do things in the right order to maximise chances of getting things resolved quickly.

Any thoughts?

@923a56712 yes, question it with the LA. Some HCPs will want to undertake an assessment prior to commencing therapeutic work, but this isn’t an assessment like an assessment for the EHCNA and they should be commissioned for the assessment session and treatment sessions. Rather than just commissioned for assessment, as has happened in your case.

@suitcaseofdreams appeal now.

@thatsnotmygarden thank you. I did reply kindly saying unless assessing for how provision was being delivered then I dont see reason for it and they not commissioned for the actual therapy. Thank you, appears I was correct in my response

So I'm just wondering if anyone has ever been supported by SS to store their belonging when registered as homeless?? I'm in Swansea and seem to have to ability to locate my child's belonging that were stored??

Hi all — I’m supporting a child with autism, ADHD, Tourette’s, and significant sensory and anxiety-related needs. She’s academically able but can’t manage mainstream, even with adaptations. Right now, she’s only attending for an hour a day in the hub.

We’ve identified a specialist autism-specific school that’s a great fit. All other local options are SEMH settings, which aren’t suitable for her profile. The LA sent consults to the mainstream and our preference. The preferred school said they’re over capacity but raised no concerns about suitability — which we take as a positive. The mainstream said clearly that they can’t meet her needs and gave good detail as to why.

We’ve asked for the specialist school to be named in Section I, even if we need to wait for the next place. We’ve also raised Section 19 support for the interim, as she’s effectively out of education. Surprisingly, the LA hasn’t dismissed that — they’ve just gone quiet and say they’re now “speaking to management.”
We’re over 60 weeks into this process due to LA delays. We won a previous mediation (for refusal to issue) but I’m not sure mediation os any use for section I. If they refuse to name or leave the plan vague, should we go straight to appeal? Right now it feels like we're stuck in limbo.

Has anyone had success getting a school named even when it’s full? Or had Section 19 support agreed while waiting? Any tips on how to phrase things to strengthen our case?

Thanks so much in advance. Some days I just feel so worn down by it all. The process shouldn't be this hard on parents.

@Devlin77 you would be better starting your own thread. I have been involved in cases in England where belongings have been stored, but I wouldn’t know if the rules are the same in Wales.

@CometCupidDonnerBlitzen is the specialist school wholly independent? If so, in order for the school to be named, you need an offer of a place so it can’t be named if they don’t offer a place because they are full.

If they aren’t 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 (“SEN”) 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.
The bar to do this is higher than many LAs admit. Being full is not defined in law and on its own, being full is not enough of a reason to refuse to name your preferred placement. The LA has to prove the school is so full admitting the child or young person is incompatible with the provision of efficient education for others or the efficient use of resources. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. If the LA can’t prove one of the above, the LA can and must name your preference even if the school objects. However, that doesn’t stop LAs refusing and forcing parents/carers to appeal. Ask what specifically means placing there is incompatible. You need to know the details rather than the vague incompatibility reasoning LAs usually use.

If the LA names the school in section I, the school must admit then. They can’t say you can’t attend yet.

How old is the girl? If she is compulsory school age and the LA is not making moves to put s19 provision in place, you should email the Director of Children’s Services reminding them of their duty and threatening JR if they do not comply. If that doesn’t work, you need a pre-action letter. SOSSEN can help with this, but there is a wait so you may want to look elsewhere. You can do the same thing for the LA not adhering to the timescales following mediation - IPSEA has a model letter you can use.

Personally, I wouldn’t bother with mediation for placement. It is rarely successful for SS. Once you have the right of appeal, get the mediation certificate and submit an appeal to SENDIST - appealing B, F & I.

Latest round: Annual Review - school say can't meet need, we agree.

So we are looking at specialist schools around the area (some section 41 some not). We have only until 24 July to identify, get draft sent to us/respond and get LA to consult. What are the odd on some or all of that not happening?

So, what if DS has no placement come Sept? Does he remain at current school, or does he become home educated (not electively but due to circs) and what happens in that case to provision like speech therapists - temp EOTAS?

Could be interesting as we both work. Also means LA will be in no hurry to sort a placement as DS being at home will be nice and cheap for them.

Already got a complaint in for non-provision.

To all those fighting the good fight, as Margaret Atwood once wrote 'Don't let the bastards grind you down'. Depends on what week, or even day you catch me on as to whether this holds up. But I try to abide by it and remain defiant.
Being here helps.

@Alltheyearround When was the AR? If you haven’t even had the amendment notice yet, it is unlikely you will have a finalised amended EHCP by 24th July.

As long as the current school is named in the EHCP, DS can attend there. If DS can’t attend because of his SEN, the LA will be responsible for ensuring he still receives a suitable full-time education and anything detailed, specified and quantified in F. The LA can’t force you to facilitate the provision.

Whatever you do, don’t home educate (officially, it would be seen as elective even if you felt you were forced into it). As you say, this is the easy and cheap option for the LA. They will not be responsible for any provision. There won’t be an urge to change that.

EOTAS/EOTIS is only legally possible if it is inappropriate for provision to be made in a school. It also isn’t the cheap option. And it is unlikely your LA will agree to a proper EOTAS/EOTIS package without an appeal. And if you were doing that but had a preferred SS, you might as well appeal for that.

AR was just before half term and school have only just returned their info to the SEN officer in charge of the case. Unlikely as you say to get a draft quickly though we have pressed the point.

@Alltheyearround if the AR meeting was just before half term, if the LA is going to amend it is very, very unlikely you will have a finalised amended EHCP by 24th. The LA can still issue in the summer holidays though. And I’m afraid to say, there’s no guarantee the LA is going to propose to amend.

@Paintingflowers do you have your draft yet?

We do! I’ve made comments on it and waiting for the school to review too. Has yours @Onceuponatimethen?

Oh I’m so pleased for you @Paintingflowers

Alas not but they have promised it for this coming week which is more specific than anything we’ve heard before.

Hi, hope you don't mind me joining you guys.

My son is in yr 5, he has had an EHCP for a few years now and has ASD and ADHD.

Atm he is in school part time, like very part time.
He has a 1 to 1 (even though not written in his EHCP as he is deemed high risk to himself and others).
LA told us they don't like children to have 1to1s esp in later primary because of independence!
Is in a small room with his 1 to 1 and does all learning in there (not been in the classroom since last year).
I have to stay with him most of the time as he has such high anxiety which hasn't been helped by loads of changes within school.

We had his review back in March and I have just received the amended EHCP and in most part is worded how it should be.
What I'm concerned about is secondary as I was told this is the last report until secondary school so I really want to get this right.

It's this that is written 'x needs a high adult to pupil ratio' I mean is that really specific enough?
It's written in the EPs report so if not would I have to go back to her to change?

TIA

@Paintingflowers be careful relying on the school for advice about the draft.

@Specter1989 if DS can’t attend school, is alternative provision in place?

The LA is fobbing you off about the 1:1. The real reason is because they don’t want to fund it. A good 1:1 used correctly promotes independence rather than dependence and over-reliance. LAs like to misrepresent the research on TAs. Sharples et al., 2015, which the government TA guidance cites, found a good TA, sufficiently trained and deployed correctly can have a positive impact.

x needs a high adult to pupil ratio is far too vague. ‘Needs’ doesn’t mean will receive. What is a high ratio? What adults? It also doesn’t mean DS won’t be in a class of 30. When you say you have just received the amended EHCP, do you mean the amended EHCP has been finalised? Or do you mean you have the proposed amendments? Yes, go back to the EP and LA. If you have the finalised EHCP, appeal.

The LA must amend the EHCP for secondary by the 15th Feb next year. In order to do that, they should really hold a review in the autumn term of Y6. Some LAs use the Y5 AR as the phase transfer review, especially if it is in the summer term, but really they shouldn’t.

Hi sorry I have just gone through the EHCP again (it's the proposed amendments).
And it doesn't say needs it does say this
^teaching will occur in a quiet, calm space within a class with a high staff to pupil
ratio alongside peers who have similar needs.^

It's the ratio I was concerned about as would that mean anything really?
He would not manage in a mainstream or an attached unit as all our in secondaries have to be in the main school 80% of the time.

He has no alternative provision in place for when not in school and in an 18 months period has been part time for a year out of that.

You should raise this as part of your response to the proposed amendments. It needs to be detailed, specified and quantified. It is too vague e.g. what staff and what is a high ratio? Alongside peers with similar needs doesn’t always mean SS either - sometimes it is possible to deliver that within mainstream or in an ARP. It will depend on the wider context of F.

Separate to the EHCP, you should request alternative provision. On their website, IPSEA has a model letter you can use.

Thank you @thatsnotmygarden I really appreciate you taking the time to help me.

This is other snippets

At the start of the school day, x will be greeted by a familiar adult and
supported on a small group or 1:1 basis for a minimum of one hour to engage in
a chosen low demand activity (e.g., football) so that he has an opportunity and
targeted support to regulate his emotions before being expected to engage in
learning activities.

·
^X learning tasks will be adapted to account for his
emotional needs (including sustaining attention) and gaps in knowledge, such as
presenting tasks in 15-minute bursts followed by a short sensory / low demand /
reward activity, maximising opportunities for practical and visual learning,
and facilitating alternative ways to writing to record work when appropriate.^

·
Adults
must:

Ø Present all information
in small chunks that keeps a fast pace, break down longer tasks into smaller
steps (e.g., by creating ‘to-do’ style checklists),

Ø Offer choices within
the remit of the task, tailor tasks to his interests, support him to plan
extended writing tasks,

Ø Provide
positively-framed or low-key verbal and visual prompts to direct and sustain
his attention and/or provide emotional reassurance.

X will ^have
a personalised curriculum that includes daily structured activities and
opportunities^

It is too vague. Not an exhaustive list but to give you some examples, what ‘adult’? That could be a volunteer, receptionist or facilities manger? It could also be a different person every day. What is a ‘small group’? ‘such as’ and “e.g.’ need amending otherwise they may not happen. What is ‘short’? What ‘daily structured activities and opportunities’?

Thank you, I'm going to print it of in a bit and go through it all and highlight all sections to make sure b-f-e = provision and check for all wolly wording.

We are going to challenge section F on my sons plan about deferral a year (they are disallowing it) can I ask, is it worth getting a solicitor or could we do it with the guidance of SENDIASS alone? I worry about not getting the right legal support and will definitely do this if self representation isn’t as strong

A solicitor isn’t essential. Most parents don’t have representation.

If it is a choice between affording representation and independent assessment(s), you should choose independent assessments. The best representation can only work with the evidence.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better, and the Noddy guide for case law.

If you want representation but can’t afford or don’t want a solicitor and you are happy to do some of the legwork, you could look at a direct access barrister - cheaper, although not cheap, but they don’t hold your hand in the same way.

You could also check if you are eligible for legal aid. It is legal help for appeals, and can fund independent assessments where necessary. However, it (mostly! There are exceptional cases where funding can be given) doesn’t fund representation at hearings. If you go down this route, it can take perseverance to get a firm to take your case on, but don’t give up.

To give the complete picture, there are also advocates. Many of which are cheaper, but choose carefully because it is an unregulated industry and while there are good ones, there are also ones who will do more harm than good.