EHCP Annual review - private EP report

[NDblackhole]

Hi - bit of a complex situation and wondering if anyone has any advice/lived experience. DS (9) - ASD (probably ADHD) has had an EHCP since starting reception - it is not representative of him and his needs anymore (risks over scaffolding, under challenging and not supporting in his prominent areas of need a executive function, social nuances, SEMH). We have been battling the school for 3 years - they are poor at SEN support (currently in formal complaint process with both school and council). We have now received a private EP report which we paid for - basically aligns to what we said plus highlights areas of need we didn’t know. EHCP annual review in late Feb. Recent SLT input (which I have rejected) set ableist target and continue LEGO provision (but target is to follow rules which suggests not effective provision). School really have no clue - no SENCO for 3/4 years - 3 SLT’s over that period and a year with no SLT where the school omitted to tell us despite clear in EHCP he would receive this. EHCP was good when he started reception (now year 4). Last saw EP for EHCP assessment when age 4. School agreed to EP assessment Jan 24 and then gave us an hour parent session instead. Want to move him schools but want EHCP sorted first.

There is a side story where I have had to remove my child from the school due to huge safeguarding failure.

any advice on how to play it at annual review? Will they accept EP report (EP works for sister council when not working privately so known in area.) can they reject?

thanks (and happy new year)

The LA can’t lawfully refuse to accept independent reports just be are they are independent. They should consider all evidence. However, LAs are often selective about what evidence they take into account and sometimes tell parents they don’t accept independent reports. If you have to appeal, SENDIST will consider all evidence.

You don’t need to wait for the content of the EHCP to be improved before pursuing a change of placement. You can do both as part of the AR process.

As part of the AR process:
Updated advice and information must be circulated at least 2 weeks before the review meeting.
Then you have the review meeting. You can use this to discuss the amendment required, referencing your evidence, and raise that you wish to pursue a change of placement.
Following the meeting, a report must be sent within 2 weeks.
Within 4 weeks of the meeting the LA must inform you if they are going to amend or not. If they aren’t going to amend, you will get the right of appeal at this point. If they propose to amend, they must send you the amendment,ent notice at the same time. You will then get to make representations. You can propose amendments, referencing your evidence, and state your preferred placement. Then the LA must finalise within 8 weeks of informing you they propose to amend/sending you the AN.

Have you checked the independent EP report carefully? Sometimes LA EPs who also do independent work write very poor woolly and vague independent reports. It must be detailed specified and quantified. For example, who, what, when, where, how… Look for wording such as “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for/to”, “as appropriate”, “would be useful/helpful/beneficial”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”.

EHCPs should include outcomes rather than targets. These will be based on the professional evidence.

The school may not have had a permanent SENCO in post, but someone will have the responsibility even if the school is telling you otherwise.

Thanks @2x4greenbrick- good to know that they can’t lawfully refuse to accept. My issue is I don’t know where to move him - worried of moving and removing his friendship group and it’s not much better than we have hence focussing on the EHCP first.

regarding the information- we got into a debate last AR as we were of the opinion that we didn’t have the necessary information, School and LA disagreed (one of the many issues in formal complaint).

last year (new inclusion manager) they updated the EHCP live (which was excruciating and meant we ran out of time). Do you know if the school should have put some thought into the EHCP updates beforehand?

Regarding EP report - no wooly language but not overly specific - I.e. it says environmental adjustments but doesn’t specify what - this is where it is lacking but should the EHCP have the overall provision and then IEP has the specific which can then be tracked via the IEP system and adapted as needed?

Thanks again

Think about placements now and research them now. If you want a change of placement, one problem with waiting until B&F are improved is that you would either need to request an early review (which the LA may not agree to, especially if you have not long had an AR, and there is no right of appeal if they refuse) or wait until the AR next year (where the LA may not agree to amend anyway). Another problem is you may have to appeal to get B&F right. Then following that appeal, when you then next had appeal rights, you may have to appeal a change of placement. This could mean a change of placement is a very long time away.

Professional time can be included in F so that there is time allocated for updated advice and information prior to the AR meeting and to attend the meeting itself. However, many have to appeal to get this.

Updated advice and information from the school should have been circulated prior to the review meeting. This information, along with that from others, should feed into the discussions. It is the LA rather than the school who ultimately propose amendments.

The EHCP needs to be detailed, specified and quantified. It is not acceptable for the LA to leave it vague and include detail in another document. The EP report is poor. It needs to be detailed, specified and quantified. Provision in EHCPs is taken from the evidence. If the evidence is lacking, the EHCP will be poor. Go back to the EP and request they make the report detailed, specified and quantified. The environmental adjustments needed must be stated.