EHCNA and Ed psychologist report

[KSAM]

The school made the referral for my child. Which was accepted by the LA, their letter confirming this advised me the request was made 10 February. I recently made a formal complaint as no decision has been made to date, and the complaints manager confirmed that the request was made in December. Meaning 20 week deadline was early May. Im really annoyed by this as i feel theyve hindered my ability to advocate in a timely manner as they gave me the wrong date. I've been contacting them to chase progress to no avail. Case worker is off sick and case hasn't be reallocated. No communication and no updates when I call. No response to emails. I'm at a loss as to what to do next? They're due to go to secondary school in September and needs this support in place before transition.

Other issue I have is I've received a copy of the educational psychologist report and I'm concerned that the EHCP will be refused as a lot of the recommendations aren't specific, for example one of them says needs TA support during some curriculum delivery and for transitions and unstructured times, I wouldn't have thought this would be sufficient for it to ever be implemented even if ehcp was approved? It does provide specific timings for some other recommended provisions though. Just not many of them. It says their sen is additional to that which is ordinarily supported but no sure what it means?

So tired of it all the tbh, fight for a diagnosis, fight for support, fight for ehcna, and so it goes on. Feel deflated.

Email the Director of Children’s Services reminding them of the statutory timescales and threatening JR because they are frustrating your right of appeal. If that doesn’t work, post back on MN for next steps.

Also go back to the ed psych and LA to make the EP report detailed, specified and quantified. What you post isn’t sufficient - e.g. what is ‘support’, what is ‘some’, what training qualifications and experience of the ‘TA’, what ratio of support, how long for…

Schools are expected to provide certain support at a school SEN Support level, the report is saying DC requires provision above what is ordinarily available.

Thanks for the advice. I have emailed fhe director threatening JR. Just had a call from the LA, a case worker has now put her case on the panel for a decision but next available isn't until late July after schools have finished for summer. She said once decision is made and if they do issue that they will probably have the meetings in September with school regarding provisions etc? I spoke to them about the quality of the psychologist report too and she said it's been sent to the team for quality assurance but that she didn't want to delay putting it on the next available panel and if they agree to assess that the school can quantify and specify provision and that the EPs don't always do this in the reports? I don't really have much knowledge of any of this so don't know what's true and what's not really.

Follow up the phone call with an email so you have a paper trail.

The EP report needs to be detailed, specified and quantified. If it isn’t, the provision in the EHCP won’t be detailed, specified and quantified. It must not be left for the school to decide.

There are some limited exception from the timescales over the summer holidays where it isn’t practicable for the LA to comply. However, you are already over the timescales, so they shouldn’t be using that exception as an excuse. I would continue to apply pressure on them.

You can have a coproduction meeting if you want, but you don’t have to.

Can I just check, has the LA already agreed to assess and the EP report has been undertaken as part of the EHCNA? I originally assumed so but you mention if the LA agree to assess.

Sorry that was my mistake, they've already agreed to assess and the EP report was completed as part of the assessment. Its now awaiting a decision on whether to issue an EHCP.

Thank you for your advice, I'll follow up with an email to them today. I've also had a response from the stage one complaint which was upheld and just says they have put the case forward for the decision making panel in July. I'm quite disappointed that the complaint didn't outline a fuller timeline really, like when they will issue the final Plan by if agreed etc but might just be expecting too much. Also received no explanation for the discrepancy in the date they received the request or why I was originally advised it was February, it turns out this was the date it was at panel and they agreed to assess

Sorry can I also ask, the EP report recommends an OT assessment to advise on DCs sensory need provisions. The LA haven't requested one and whej I raised it on the call today they said that the school would need to complete this, is that correct?

The LA is fobbing you off about OT. It isn’t the school’s responsibility. The LA is responsible for seeking advice and information during an EHCNA. Put it in writing. Regulation 6(1)(h) means the LA must seek advice and information from anyone you reasonably request they seek advice from.

You aren’t expecting too much. The LA shouldn’t have already finalised. They haven’t and now they need to act swiftly to finalise (or refuse to issue) as soon as possible.

Hi there I'm new to all this I applied for ehcp for my daughter she had assessment and then la refused to issue ehcp so I put mediation the la failed to do within 30days so I put an apeal in and mediation sorted a date for the mediation so apeal was lodged and case hearing September 2026 I thought wow that's long I gathered more evidence mediation date 20th September then on the 9th of September I got a phone call to say the la are not opossing the apeal and they have looked at all evidence and my daughter will be issued an ehcp I havent heard anything since and what time scale do I get the draft I don't no what happens now if anyone could help I'll be grateful thank you

Where LAs don’t oppose the appeal and concede before submitting their response, the timescales are set out in Regulation 45 of The Special Educational Needs and Disability Regulations 2014. They must issue a draft within 5 weeks of the date they notified SENDIST the appeal is unopposed and finalise within 11 weeks of the notice date.

Thank you for your reply so just to make sure I understand so within 5 weeks I'll get a draft and by 11 weeks ehcp finalised is that correct and thank you it's been very emotional hard journey

Yes, that is what should happen unless one of a few exceptions applies. Unfortunately, LAs don’t always stick to the timescales. If that happens you should post back on MN for next steps.

Thank you soo much for your help I've put that on my calendar the time scale so I can keep an eye if la don't keep up with the time scale thank you

I posted before on here don't no if I'm on the right thread well finally after along fight la agreed to issue ehcp I got the draft yesterday looked through I'm happy with it but I have to wait till next Thursday for the srp panel to decide does anyone no what happens now as my daughter is in a mainstream school with srp attached which I think she would thrive more in srp class what's the chances of srp panel agreeing is it the same as getting ehcp as that was a long big fight to get her an ehcp

@Shar2024 you would be better starting your own thread.

You now get 15 days to make representations and state your preferred placement. The LA must finalise by week 20 unless one of the exceptions applies and it is impractical for them to do so. If the LA finalise without naming your preferred placement/doesn’t include everything that needs to be in B&F, you can appeal.

For most SRPs, the mainstream school is named in section I and the provision provided by the SRP included in F.

You should check the draft carefully. It is incredibly rare no amendments need proposing.

Go through all the reports with highlighters. Highlight all special educational needs in one colour and all the provision to meet the needs in another colour. Each need should have corresponding provision.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F.

Make a note of anything the LA has omitted from the draft, any needs without corresponding provision, any woolly and vague wording, anything the reports have failed to include, and any reports the LA has failed to include.

When you go through F, look out for vague and woolly wording. For example, “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “adult”, “small group”. Provision must be detailed, specified and quantified, otherwise the EHCP isn’t worth the paper it is written on and cannot be enforced.

When (it is a matter of when, not if) you find vague and woolly wording, check the reports to see if they are woolly and vague or whether the LA has watered down provision. If the reports are vague and woolly, ask the LA to go back to the report writers to make the reports detailed, specified and quantified. If the LA has watered down provision, request the LA stick to the wording in the reports.

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.

Thank you for your advice I'll have a look through the draft and do that and do yiu no much about the srp panel are they hard to agree or disagree for what place my child needs sorry I'm really new to mumsnet

No-one here can tell you what the LA will decide, I’m afraid.