Late EHCP/Part-time timetable/LA refusing 1-1 and Specialist

[4kids1dog1hubby]

Ok very long story i'll try not to ramble.
ASD son diagnosed at 2 years old, currently 5 and in reception, non-verbal, doesn't understand spoken instructions, doesn't even know his own name, headbangs walls/floors when upset, eats inedible items constantly including own faeces.

EHCP request made 20th May 2025. Still only in draft phase.
Been attending current setting since January 2024 (integrated nursery) and Reception September 2025, for the full 2 years they have stated he can not safely attend full time as he needs a full time 1-1 and has only been attending 9 hours a week and even then i'm often receiving calls to collect him. I'm aware i don't have to agree to the part time timetable but i agree he needs a 1-1 and its not safe for him to be there without one so i don't feel like i have a choice.

When the LA asked about parental preference and i suggested a local specialist unit they told me "we wouldn't consider that as a starting point, it would be (local mainstream primary)" i responded he's already there and they can't meet his needs, she said "that's only nursery that's different" and i actually had to explain that no... he is in reception and they are still telling me they can't meet his needs. She said she would ask her manager to send a consultation but wasn't sure they would agree. Had to push for it to be done.

Now they've said the decision is going to panel because they both said no... i do not understand why the specialist unit will have said no when its a language and communication unit and is EXACTLY right for my sons needs. unless the LA has misrepresented him.

Which brings me to the contents of the EHCP, the LA are refusing to specify 1-1 in the EHCP, its riddled with vague "key worker", "school staff" but nothing quantified and specific, i responded to the draft quoting send regulation and asking for the EHCP to be quantified and specific, pulling direct quotes from various parts of the professional advice which identified real safety issues and stressed that he needs a 1-1 or specialist setting, this was the response

"We appreciate that the most significant change you have requested is the inclusion of 1:1 adult support throughout Section F. However, we generally advise against specifying 1:1 support in EHCPs, as research suggests it can be detrimental to a pupil’s long-term learning and independence. While it may offer short-term reassurance, continuous 1:1 support can lead to over-reliance on adult presence and reduce opportunities for pupils to develop autonomy and resilience."

Its absolutely clear to me that they intend and have always intended to name a mainstream setting without 1-1 support, this together with the huge delay in actually even issuing the final EHCP i can't even appeal yet.
Which bring me to my final issue. I don't think i have it in me to appeal. I suffered post separation abuse and family court abuse and have severe trauma and panic attacks trying to deal with professionals, especially one's who act unlawfully like the LA are clearly so happy to do. I want to respond to my caseworker asking how she sleeps at night knowing her entire job is to deny disabled children their rights to save money. When LA's are losing 98% of the time at appeals no one can convince me they aren't doing it on purpose. How can nothing be being done about this? I know i should be threatening JR because we are far past 20 weeks but confrontation is very difficult for me and i'm always so afraid i'm wrong, i just can't. The insinuation that i only want 1-1 for my own reassurance not because my son really needs it makes my blood boil, but also makes me question myself. I hate this, i don't even know what my question is, i just hate it, i'm failing my son but i don't have the strength to fight. sorry

Responding that way to the caseworker is not a good idea, however much you want to send such an email. Write a draft, then delete it. Remember, any correspondence may one day be read out in court. You don’t want to be accused of sending malicious, vexatious &/or unreasonably persistent communications either. Such allegations from LAs are becoming increasingly common.

When was DS 5? If DS turned 5 before the start of this term, he is compulsory school age and the LA has a duty to ensure he still receives a suitable full-time education if he can’t attend school full-time. Have you requested alternative provision under section 19 of the Education Act 1996?

If the nursery/school needed more funding, did they apply for early years inclusion funding/high needs top up funding?

Are the reports detailed, specified and quantified? Or are they vague and woolly? The content of the EHCP is based on the evidence, so if the evidence is rubbish, the EHCP will be too.

Have you spoken to your preferred placement? It isn’t unusual for LA consultations to all give part of the picture or an inaccurate picture.

Is your preferred placement a unit that is part of a mainstream school? Most units that are part of mainstream schools are not separate registered institutions, so the mainstream school is named in I and the provision provided by the unit included in F.

Unless your preferred placement in wholly independent, the LA must name them unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
The bar to prove one of the above is higher than many schools and LAs admit. Schools can be named even if they object.

The LA is misrepresenting the research about TAs. Something that isn’t uncommon. A well trained 1:1, deployed correctly, does not have to lead to dependence. Michael Charles, a well regarded SEN solicitor, once wrote an excellent piece on this.

Unfortunately, many have to appeal once finalised to secure the right provision and placement. If you don’t want to appeal, then you may have to accept DS won’t get SS (either just not now or not until a later date).

Also, unfortunately, the JR process starting with a pre-action letter is the route to force the LA’s hand wrt timescales.

You are at the beginning of what is going to be a long journey. It will help you both if you can get to a stage where you can advocate for DS. Have you had counselling &/or EMDR? Some find antidepressants help. Reading IPSEA and SOSSEN's websites is a good starting place for understanding the law and what should happen. This might help you feel more confident in what you are saying/asking.

sorry i should have been clearer i would never actually send something like that i just felt like a wanted to.

Yes he was 5 in December, which i have mentioned twice in emails to the caseworker and had no direct response. I also assumed because i agreed to the part time timetable that section 19 wouldn't apply so have not directly quoted it.
I'm not 100% sure what the school have applied for but they have stated to me they only have enough to fund his 1-1 TA for 7 hours a week so that's all he is doing and they still regularly send him home.
Yes the evidence is rubbish and the EHCP is a copy paste but they have also left out a lot of things completely.

The speech and language report states things like:

• A does not have a clear and consistent means of communicating his wants or needs.
• A's intentional communication often requires an adult who knows him well to interpret his meaning.
• A's understanding of spoken instructions is inconsistent with and without visual supports.
• A will not be able to independently make his needs known within a mainstream classroom without the support of recommended resources, strategies and appropriately trained staff who know him well.
• A will not be able to independently follow instructions within a classroom environment.
• A will not be able to access learning in a typical mainstream classroom due to the level of his attention and listening skills, without the support of recommended resources, strategies and appropriately trained staff who know him well.
• A does not always show awareness of adult's interactions with him and needs support from a communication partner to engage in positive social interactions with others using non-directive play/engagement strategies such as intensive interaction.

Yet most of this hasn't made it into the EHCP and where it has its just provided by "key worker" and "education staff" and "as needed", "throughout the day".

And the EP report regularly mentions about him needing help with transitions, with lunch that didn't make in into the ehcp. Also the safety concerns regarding putting everything in his mouth (chocking risks) which did make it into section B but no identifiable provision in section F. I've quoted it all to the case worker and asked for "key worker" to be changed to 1-1 TA and "thoughout the day" to be changed to "for the whole school day" and that's when she responded with the "1-1's are detrimental blaa blaa"

I haven't spoken to the specialist unit i assumed they wouldn't talk to me as they don't know who i am. Yes its a brand new unit that is on a mainstream school that opened last year in the next village along from mine, his current settings senco recommended to me and is equally surprised they have said no because she recommended it because its perfect for him.
I've had a lot of therapy in the past but it's very difficult to do anything now and all this is bringing it all back.

Thanks for your advice, i really appreciate it. i know i need to take one step at a time but the intrusive thoughts are crippling at the moment.

It doesn’t matter you previously agreed to a part-time timetable. Email the Director of Children’s Services reminding them of their duty under section 19 of the Education Act 1996. You are not EHE. If the LA ignores you, delays or refuses you need a pre-action letter.

The school should not be refusing to have DS attend. Nor regularly sending him home unless they are formally suspending DS.

Unfortunately, if the evidence is poor, and from what you have posted, it is, the content of the EHCP will be too. Ask the LA to go back to the report writer to make the reports detailed, specified and quantified. If you have the contact details of the professionals themselves, contact them directly too. If you have to appeal, look at independent assessments.

Contact the unit and any other placements you think may have been/will be consulted. Some won’t get into a dialogue with you. That doesn’t matter. The aim is to provide them with the full picture.