SEN Tribunal Help

[Holly221288]

Good morning,

I have been lucky enough to receive wonderful help and advice on here before so I am reaching out again.

I have a 9 year old son (ASD with DA profile, ADHD, DCD and poor mental health) who has been out of school since September (and had a really tricky year previously). He is now pretty much unable to leave the house and most of the time the bedroom that we share (as he needs to be with me constantly).

We were lucky enough to be granted an EHCP and the plan was for EOTIS with the view to move to Specialist when he is ready. However they haven't actually given EOTIS at all and he just gets 3 hours of Mindjam (this is a wonderful provision). They have said the only other things they can offer are an AP which he can't attend or online tuition which he refuses due to the demand.

I requested some very minimal things and they have said no to all. No provisions for EOTIS have been listed in the EHCP as they said that's not their policy and they have just put one line in saying an EOTIS package will be arranged. They have also refused to go to mediation so I have the certificate for tribunal.

My first question is do I appeal Section F on the basis there is nothing in relation to his mental health (this is the main reason he can't leave the house). And what Section am I appealing to get an actual EOTIS package?

Thanks in advance, I really appreciate it

The LA is lying to you.

The content of an EOTIS package needs to be in F. Specific providers won’t be named in F, but the provision needs to be described there.

You need to appeal B&F. Not just because of a lack of MH provision, but other SEP, too.

If there is a placement or type of placement named in I, you need to appeal section I as well. For EOTIS, section I needs to be blank.

Think about what evidence you have. Have you thought about independent assessments?

@StrivingForSleep thanks so much for replying. I thought they were lying, they just make you doubt yourself so much. Section I is blank. So I will appeal B&F.

Money is very tight at the moment as I’ve had to give up work to be at home 24/7 for my son (I’m a single parent). What independent reports do you think are worth the money?

Check if you are eligible for legal aid. If you are eligible that can fund independent assessments. If you aren’t eligible, contact Parents in Need. They help fund assessments.

What to prioritise depends on the evidence you already have and the quality of it. Assuming all the evidence is poor/non-existent, I would start with an EP assessment. If possible, I would then move on to an OT (including sensory OT) assessment.

You can request an expedited hearing on the basis DS is out of education.

In the meantime, the LA has a duty to provide a suitable full-time education under section 19 of the Education Act 1996. IPSEA has a model letter you can use. Post back on MN if the LA refuses, ignores you or delays.

I had no ideal Legal Aid could fund assessments, I will look into it right now.

The LA haven’t offered anything other than saying they are looking into an AP etc and two caseworkers have left in the meantime. I emailed last week for an update but nothing. I guess it would be difficult to offer a FT education when my son can’t engage

And @StrivingForSleep thank you so much

You are welcome.

If DS can’t engage with traditional provision, they need to offer something he can engage in. The provision has to be suitable. This doesn’t have to be education in the traditional form. It could be based around whatever his interests are (what does DS enjoy or if he has dropped interests because of his MH, what did he enjoy?). It could be subscription boxes/memberships based on his interests. It could be a mentor to game with (or alongside) him. It could be someone to build Lego in parallel with. If Mindjam has the capacity, they could offer more hours. They could look at other providers who offer similar e.g. Tubers Academy or Gecko - not quite the same provision but can be similar and sometimes Overworld can offer online provision. There are lots of possibilities they could look into.

Email the Director of Children’s Services threatening judicial review if the LA does not comply with their duty to provide a suitable, full-time education as per section 19 of the Education Act 1996. If that doesn’t work, post back here. This duty is separate from the EHCP.

@StrivingForSleep thank you so much, I will do exactly that. I have spoken to Civil Legal Aid and I am eligible so that is wonderful. Genuinely thank you.

@StrivingForSleep sorry to bother you again. I have lodged an appeal with the help of Legal Aid as you suggested. I also contacted the director of children’s services and lodged a formal complaint.

Today the EHCP coordinator has emailed me and stated they have arranged 18 hours of home tuition a week for my son and the tutor will be in contact. However my son’s mental health is so poor (which I have repeated again and again) he can’t have anyone in the house, he doesn’t even leave our bedroom. I’ve emailed back to explain this but am I being unreasonable? I worry that I’ve complained they’ve offered nothing and now they have and I’m turning it down. Although it’s absolutely not achievable

The provision in F needs to meet needs. If tuition doesn’t do that, then you are not being unreasonable. Similarly, section 19 provision must be suitable. If it isn’t, it doesn’t relieve the LA of their duty.

Do you know what would work? Would more Mindjam work? What about other online provision (wouldn’t have to be tuition or could be tuition but not academic tuition)? Have you looked at Spectrum Space boxes, other subscription boxes or memberships based around DS’s interests (or what he used to enjoy if he has dropped interests as his MH declined)?

Having said that, do you think DS would be able to work towards a tutor in the house or elsewhere very gradually for a small amount of time if he had some therapeutic input? He may not. That's fine. I'm not saying you have to. It wouldn’t have to be academic tuition, it might be more of a mentor role, and it may be DS can’t engage with the tutor for a long time. That wouldn’t be uncommon. It also isn’t uncommon that a tutor builds up by, e.g. sitting in the garden for 10 mins or similar. You wouldn’t have to jump in with 18hrs straight away.

Also, even if tuition was suitable, an EOTIS package needs to include more than that. An EOTIS package that only includes 18hrs of tuition would be inadequate.

@StrivingForSleep thank you so much for replying and for the reassurance.

The only things I have asked for is very similar to what you suggested, some subscriptions to peak his interests and some improved tech so he can increase his Mindjam with coding or use an alternative gaming provider as well. Oh and therapeutic input. They have said no to all.

I have no idea what my hopes are for him now other than to be happy. I would really hope to build to some tuition or mentoring.

Thank you again

Don’t lose hope.

Ultimately, the LA isn’t the one deciding.

Your appeal to SENDIST will resolve the EHCP situation. Make sure all the necessary independent assessments are done via legal aid.

If you want to pursue s19 provision, you could email the DCS threatening JR for failure to provide suitable s19 provision. Then, go down the pre-action letter route, and JR proceedings if necessary.