EHCP How bad is this?

[hellie75]

Sorry in advance - it’s a long one and thank you so much for anyone who kindly reads it - but I just feel so angry and stressed and just don’t know what to do or think. Apologies for typos and poor spelling.

So DS is 12 in year 7 mainstream secondary, he has (diagnosed) ASD with severe anxiety and chronic pain, we applied for EHCP in March after being messed around for a year by schools etc. Assessment was agreed and EHCP was started with a completion date of mid June. We had issues with the case manager from the very start, being obstructive, never answering questions clearly, gas lighting and being less than candid and just really difficult and making everything incredibly and needlessly stressful.

It’s been a catalogue of errors. It has come to light that she had not contacted the clearly requested and listed health care professionals (my son has very complex health needs so myself, school and the community paediatrician all listed who needed to contacted a number of times with all of their contact details requesting she contact them for their input into the EHCP). The only single person who she did actually contact was the OT and she then failed to enter their input onto the EHCP or the appendices (said it was a mistake). She also said social services had assessed my son but I’ve never had any communication with at all and they did not carry out an assessment (but a report relating to another child from social services was included - it was for a child of a different gender and age). We also found out she had not contacted any of our requested consultations which were 5 special/SEND schools (requested 3 times) and the only consultation she requested was for his current mainstream secondary school (which I asked her not to consult with as they have verbally expressed and written in their part of the EHCP they cannot meet his needs at all; hence the need for the EHCP in the first place. My son is on roll at a mainstream but has not been able to attend a single lesson since September as he’s so unwell and anxious, they have tried to help him and support him to lesson but he is completely overwhelmed. The school state he needs to be taught in small groups in a Special/SEND school. We asked to add our school preference to the EHCP but she wouldn’t do this. She also changed the date of the final EHCP timescales 3 times so no one really knew when things were due back or happening.

SENDIAS helped us review the draft. There were loads of errors and omissions (and also issues relating to procedures not being followed etc) on the first draft which could be evidenced by the EP and OT reports and supported by numerous Acts and statutes. Asked her to amend the draft before the deadline of 16th June and emailed a list of amendments but when she sent the amended draft through to me on 2nd June (she had incidentally only done 5 of the 26 requests including not updated our parents section) she accidentally sent the wrong version through which was titled “Final” and on this she had predated and signed it with a date of 12th June 2025 (sent on 2nd June 2025) and had also named his current mainstream school as the provision in section I (who have stated they cannot meet his needs at all) and as it was signed before the consultations had to be returned (she had given them a deadline of 11th June apparently) she hadn’t received or read their consultation or considered it so their contribution wasn’t included. She was due to go on leave this week and next and maybe that contributed to her falsifying the dates. She worked on her own and no one else was asked about the provision as far as we know.

I asked SENDIASS to look at it and they were absolutely stunned and they stated she acted unlawfully and illegally, as she predated and signed the EHCP for 10 days into the future, she had also named the provision (Mainstream and also the name of the school) in section “I” 14 days before the final EHCP was due on her own, she didn’t send out any of our requested consultations for SEND schools at all or get the consult back from his current school prior to fraudulently pre dating it and signing it off. I spoken to the SEN manager at the Council they agreed she has acted unlawfully/illegally and has not behaving as they would expect. I was asked how this could be put right, I requested a new Case Manager, the EHCP to be rewritten lawfully and accurately that actually reflects my DS (including the input from the HCPs that were missed the first time), I’ve requested consultations for appropriate special/SEND schools. She said they will “put this right” but my trust and confidence has completely gone. I am so incredibly angry and if SENDIASS hadn’t noticed what she’d done we would never have known and would have been given it on 16th June and just thought we were unlucky and we’d have had to go into a lengthy appeal process (takes about a year here to appeal locally).

I think she just made her mind up from the beginning that he should go to mainstream school and never mind about his welfare or ability to access it. Myself, his medical team and psychologist and his current school just can’t understand why she felt this was appropriate as he cannot cope and cannot engage at all and hasn’t since September. It feels she manipulated everything to that end including not gaining or including input from HCPs, not getting requested consultations, changing dates to make sure she could list the current mainstream school in section I without anything or anyone to contradict that.

He’s so scared and unwell because of trying to go to this school, he becomes pretty much non verbal and shut down when he tries to go in as the anxiety and overwhelm is so great, he has awful panic attacks and has never been to a taught lesson since he started in September. His mental health is so poor that his medical team said he could only manage half days but even then he only managed 2 mornings a week and would just stay in SEND hub sat on his own and doing self directed study that no one had ever even bothered to mark and he’d come home massively distressed as he found the environment so triggering. He hasn’t actually managed to make it into school for weeks now. His medical team have now said he is far too unwell to ever return to that mainstream school environment, the case manager knew all of this, I begged and pleaded with her to help us and sent her numerous updates about he wasn’t coping and getting more and more anxious and unwell. The EHCP she wrote wasn’t remotely reflective of him or his needs, she subtly manipulated the EP and OT input to fit her desired narrative and under reported his needs and as such provision required. It was vague and generic.

His current school are fuming as they also got sent a copy of the illegal EHCP with the falsified dates stating them as the provision in section I, so they could see what she had done by deliberately by predating and signing it off as the final and as such disregarding their response to the consultation. They have made a complaint. It’s a an absolute mess, I feel so upset and massively stressed and so incredibly angry and I just cannot believe she did this to a young vulnerable child who is suffering so greatly and damage it could have done to his health and his education. I’m mindful she may have done this to others who’s parents didn’t realise what she’d done,I’ve told the council they have a duty to the protection of other children to treat this incredibly seriously and I want reassurances of this. Frankly they should be auditing her cases. She isn’t trustworthy.

So I am now waiting for a new draft EHCP, more delays, more weeks of lack of provision, I’ve been asked to attend a meeting next week to meet a new Case Manager etc. Before this all came to light we found a great school for children with ASD which would be perfect. There are no suitable SEND schools within the city we live in that can meet his needs plus everywhere is full until sept 2026 but this school can meet his needs and has a place available for September and is within 75 mins but its an independent school and not section 41. When I mentioned it to the previous case manager she basically just laughed and said you’d have to get a solicitor and appeal.

It’s been absolutely awful, SENDIAS say they’ve never known anything like it. I’m so upset and angry for my amazing brave son who is so vulnerable and has been treated so badly and he just wants to learn. Yet more delays and battles ahead I suppose.

What do you guys think -

Just how serious is this?

How do I trust these people?

What do I need to do to get him into the right provision?

Any advice very much appreciated and thank you so much for reading.

Submit an appeal now. Don’t rely on the LA amending the EHCP satisfactorily. Whatever you do, do not allow your right of appeal to lapse. Start to collate your evidence, and consider if you need independent assessments. Make sure your case stands up to the LA putting a special school on the table late in the day. As DS is out of school, you can request an expedited hearing.

Is alternative provision in place? If not, IPSEA has a model letter you can use to request it.

EHCP was started with a completion date of mid June.

The EHCP wasn’t started. The EHCNA was. I only mention so that if you discuss with others you know what has happened.

Even if the LA changed the date the EHCP should be finalised, it doesn’t change the legal timescale.

Unfortunately, the LA not seeking the correct evidence or not considering all the evidence is normal. That doesn’t make it right but it is common. Copy and paste jobs mean changing name and sex isn’t uncommon either. Again, that doesn’t make it right. Consulting the current mainstream is normal. Even if you ask the LA not to. It also isn’t unusual for LAs not to consult wholly independent schools unless forced to during an appeal. Not naming your preference and/or not making all the amendments you request are also common. Assuming the current mainstream is not wholly independent, they can be named even if they object. The school could look at judicial review.

Just so you are aware, for non-wholly independent schools, on its own, being full doesn’t prevent a child being placed there. Only if they are so full placing DC there is incompatible with the efficient education of others or efficient use of resources.

The school might state DS needs small groups, but what does the EHCP state? And if small groups is in F, is it defined?

His medical team have now said he is far too unwell to ever return to that mainstream school environment

And do you have this in writing?

Thank you very much that’s really helpful and appreciated.

So with regards to him being too unwell to ever return to the mainstream setting his NHS medical team (It’s an MDT but it was the Clinical Psychologist who I spoke with) told me on Friday they were writing and emailing that to the SEN team manager at the LA and will copy me in - yet to be received - I don’t doubt this will happen as they are a very strong team of advocates for my DS. They were also completing forms for medical tuition as a temporary solution (as he desperately wants to learn and it will hopefully help lift his very low mood) until he gets an appropriate school placement with the understanding it may take time to build up to a full time school placement as he so unwell at the moment.

The current mainstream school (who I feel are trying to help but clearly stating they cannot meet his needs) are completing the forms for AP under the medical tuition pathway also. I used the template letter on IPSEA earlier in the week to try and get him something in the interim as he fulfills both the 15 days acute absence and the 15 days cumulative absence for provision, to date the Case Manager stated the LA wouldn’t help saying this was the current schools responsibility to sort out and the school sating it was the LAs and it just round in circles. I sent it to the Head of Children’s Services at the LA and they confirmed receipt but since then the issues with the unlawful/illegal EHCP have taken over (apparently the council are now concerned about the fall out from this). SENDIASS have been to the head of children’s services as they are so concerned.

In terms of the appeal I haven’t been formally issued with the final EHCP which although predated and signed as 12/6 isn’t actually due until 16/6. In an email dated 3/6/25 the Case Manager “formally withdrew” the pre dated and signed EHCP (stating it was an error and will be finalised by 13/6/25 - note published date is actually 16/6/25). Following my conversation with the SEN Manager at the LA a new Case Manager is being instructed and a new EHCP is being written up and apparently timescales will be adjusted so I presume I will have to wait until we get the new EHCP to appeal against it if its not right again as the current one is no more so I cannot appeal against it. They have also said that the new EHCP will be the one sent out to the schools to consult.

Thanks again.

If you don’t get letter from the CP within a few days, if you have their email address, send an email setting out what was discussed so you have a paper trail as evidence. This is a good habit to get into for any verbal conversations, anyway.

the Case Manager stated the LA wouldn’t help saying this was the current schools responsibility to sort out

Ultimately, section 19 of the Education Act 1996 places the duty on the LA. If the LA has refused, you need a pre-action letter. SOSSEN can help with this. Although there is a wait, so you may want to look elsewhere. I would start looking at this despite the NHS and school saying they will be requesting s19 provision. If a pre-action letter doesn’t work, JR will.

If you had a finalised EHCP, which you must do to have a school named in the EHCP, it is the EHCP that is legally in place until another amended EHCP is finalised. The LA cannot lawfully withdraw a finalised EHCP if it has already been issued.

When the final EHCP was issued, was it accompanied by the formal letter informing you of your appeal rights etc? If so, you should appeal. It doesn’t matter that the deadline for the date the LA must finalise by isn’t here yet. Neither does it matter the LA (say, they may not actually do so) intend to amend.

If the final EHCP was issued (whether the LA claim it shouldn’t have been sent then/they are withdrawing it) without the formal letter, request the LA comply with the requirements for issuing the final EHCP so you have your appeal rights. If the LA refuse, I would a) threaten to pursue JR because they are frustrating your right of appeal and b) see if SENDIST will accept an appeal without the letter (not so common now but sometimes they have in the past and worth asking).

Thanks again for your help - I really appreciate it, its such a complex minefield to navigate when your stress levels are already so elevates.

In terms of what I have been told by the SEN Manager it feels like all the “right” things are being said but I am not that naive and I have no trust or confidence that they will be done, or if done not done transparentlyand things will be managed or manipulated to get their desired outcome. I agree - everything in writing with a paper trail. I said to the SEN manager on Friday that I did not feel the council could be trusted and as such I requested written confirmation of calls, she agreed to this. I was sent an email to confirm (most of) my requests that we discussed during the call (phrased my her which differed slightly from me) but it did NOT list my actual complaints or concerns. SENDIASS have got copies of all the paperwork and emails between myself and the Case Manager (CM) and are helping formulate a formal complaint which I will email to the Council tomorrow, I thought I’d send it to the Head of Children’s Services, also the Head of Governence - anyone else you can think of? I will ask for confirmation of dates as I was told on Friday they couldn’t give them as a new CM had to be found, the EHCNA process restarted with “gathering of appropriate medical evidence” and stated that she will “ensure” the listed schools are consulted using the “to be updates EHCP”. I have been asked to attend a meeting to meet the new CM and agree plans next week - I am going to ask SENDIASS to go with me.

So when the EHCP was emailed to me, it was meant to be the “amended first draft” but the CM accidentally sent the one that states “final” that she had pre-dated, signed and filled in section I on (sent 2/6 - date for final was 16/6). I can only presume that as she was going on annual leave she thad it all nicely tidied up before hand for someone to submit in her absence having preordained what would happen sometime ago, in that it didn’t matter what anyone involved said or did (hence no medical input or school consults even requested) she had decided his provision in advance. So it had no other letters with it regarding appeal etc. What is most scary is just the scale of how she continuously and subtly managed and manipulated the process to ensure her preordaned outcome was achieved and looking at the emails between us its all smoke and mirrors.

The head of SEN was adamant it would be rewritten, she has said they will use the list of HCPs we and the Community Paediatrician requested to “gather further information for inclusion the ECHNA process”

I will chase up CP for their letter they were meant to send on Friday

Thanks again. BW

You could send it to the Monitoring Officer if that isn’t the same person as the Head of Governance (it is in some LAs but not in others). For the elements of the complaint about seeking the correct advice from HCPs, you could contact the Designated Medical Officer/Designated Clinical Officer (their title varies depending on the LA7.

Honestly, there is no way I would be allowing the LA to drag this out by going back to the seeking advice and information phase of the EHCNA. The LA has issued the final. Whether they meant to or not. I would be pushing the LA to send the formal letter they should have sent with the final and then I would be appealing. If the LA refuse, I would threaten JR and also see if SENDIST will allow an appeal to be registered without.

Waiting frustrates your right of appeal. You may well end up needing to appeal anyway but having lost time. Appealing doesn’t stop the LA from conceding the appeal if they agree to the requested amendments/preferred placement at some point in the future.

Thank you so much for your help. I’ve taken on board all you have said. Waiting to hear from the LA this morning and also send my letter of formal complaint. I will see what the next few days bring.