EHCP Draft- deadline looming help!

[Changingnameagain]

I am so stressed- we're trying to get our daughter's EHCP draft amended and the deadline is 26th December. I'm so angry this part is so rushed and is falling at a time of year that is already so stressful in many ways. Anyway.
Our EP report has made a few woolly recommendations of weekly small group social skills intervention and ELSA. Great, fine, But actually the report also says the following things which aren't captured in the EP recommendations and so LA haven't put into the section B and F. We think the things the EP has stated in report - albeit not really captured in recommendations mean DD should have dedicated staff support for 25 hours (learning time) to ensure she can access learning. I requested this change to draft and sent following to caseworker and they've basically said back- EP doesn't make those recommendations at end of her report so no. Where can we go with this?
RE: requirement for 1:1 or 1:2 support 25 hours a week, I refer you to the EP's report, page 4 'Cognition and Learning' section, where paragraph 1 states as follows:
Cognition and learning
Despite X's academic capabilities, she requires a significant level of adult support to
engage with learning. Specifically, X requires adult prompting and modelling to provide and sustain her attention to a task, without this, her attention will wander almost immediately....Often, X will opt out of learning and present with ‘fight’ and/or ‘flight’ behavioural responses (please see social, emotional, and mental health section for further information), likely due to feeling overwhelmed and experiencing heightened levels of physiological arousal.
And paragraph 3 states as follows:
At present, X receives a high level of support from school staff however, she continues to find it near impossible to engage with learning without adult support and personalised
resources. Full details of X's support for learning can be found within the documents
submitted for the EHC needs assessment.
It is my professional opinion that X's overall levels of regulation are considerably impacting her readiness to learn and ability to engage with learning.

Ask for extension. Do not get it formalised until you are happy with it. Otherwise you’ll have to go to tribunal to get it amended. The waiting time (just been given a date) is 18 months.
I had the same issue - recommendations throughout the report but didn’t make it to the formal list of recommendations at the end of report and so were not added to EHCP.

honestly - I just despair … good luck

I commented on your other thread OP, but the LA can finalise even if you aren’t happy with the content. They don’t need your permission to finalise.

Thank you for your comments both.

That is not good news at all @2x4greenbrick what is the point of a draft process then if they can just finalize without parent carer input??

I've emailed and asked for an extension until 20th Jan- we can't contact our DD's SENCO at the moment for any support and caseworker has said if we contact Ep and get her to change her report recommendations then LA will update EHCP. She will also not be available during Xmas hols! Whole thing is ridiculous.

Don’t rely on the SENCO for advice about the draft. Not all SENCOs understand SEN law and some will advise you based on what is best for the school/advise amendments are proposed to fit the school, not based on DC’s needs and the provision reasonably required.

The LA not needing you to be happy with the content before finalising isn’t quite the same as parents not having any input. Your views and wishes should have been sought during the NA. The LA has to send you the draft and allow you at least 15 days to make representations. You have the option of requesting a co-production meeting should you wish.

But they do not have to agree to make all the amendments you propose. They may agree to make some of your proposed amendments, they may agree to all, or they may agree to none. They do not need you to agree to the content of the EHCP being finalising.

After issuing the draft and giving parents at least 15 days to make representations, there is no further legal requirement for the LA to issue another draft if they aren't going to make any amendments or the amendments made are a result of the representations (and to state a type of placement/placement where appropriate). The LA can finalise without issuing a further draft. If they wish to propose other amendments, they must reissue another draft. Based on Reg 14 and SENCOP 9.125/9.126.

Don’t rely on the LA saying they will update the EHCP at a later date should more EP evidence be available. If the LA finalise and the EHCP isn’t adequate, don’t let your right of appeal lapse because you trust the LA to stick to their word. LAs lie.

The Christmas period isn’t an exception to the timescales.

Thank you @2x4greenbrick
I managed to speak to the case worker today who seemed very nice and has accepted all our other amendments except the one specifying 25 hours 1:1 or 1:2 support to address the issues the EP noted in her report but then didnt make adequate explicit provision for in Section F. He has agreed to an extension as I said we cant access professionals over xmas period eg SENCO and also probably EP although no idea her working hours. He recommended we email EP direct to ask her to amend report to state provision we want
He said that's only way he can change the draft. He seemed pretty up front but who knows- I read so many horror stories online.
Really appreciate you taking time to share your knowledge and advice- especially on christmas eve! Merry Christmas to you and yours and thank you for helping me 😊

Remember, it isn’t about provision you want. It is about provision reasonably required to meet needs. You won’t get provision just because you want it and DC aren’t entitled to the best possible provision. It is important to bring the LA’s focus back to what is required rather than just what you want.