EHCP support thread no. 6

[Needlenardlenoo]

This thread is to support everyone engaged in the EHCP process. The purpose is two fold: so that you don't feel alone if you're involved with it, and so you can easily find posters who are experienced with the various difficulties to help point you in the right direction, whether that be by giving general advice, telling you specifically what action should, or could, be taken in a particular situation, or countering common myths you will hear, such as:

"Your child is not X enough to get an EHCP"
"The school has to do/pay Y first"
"EHCPs are only for Z situation"
"The local authority do X/say Y/won't do Z" (the SEN Code 2014 applies to the whole of England: it doesn't vary by local authority). [Wales and Scotland have different regimes].

It is particularly important at the moment to understand clearly what your child's rights actually are in law (not what the school or LA or Sendias say they are), when the government are actively trying to remove EHCPs and are leaking stories regularly to the media, with the intention, I suspect, of deflecting attention from their own shortcomings onto parents who are already in a difficult situation. If in doubt, the charity IPSEA has neutral and factual information:
https://www.ipsea.org.uk/

Here are links to previous threads:

Original EHCP support thread - www.mumsnet.com/talk/special_educational_needs/4834986-ehcp-support-thread
EHCP support thread no. 2 - www.mumsnet.com/talk/special_educational_needs/4989146-ehcp-support-thread-no-2
EHCP support thread no. 3 - www.mumsnet.com/talk/special_educational_needs/5077140-ehcp-support-thread-no-3
EHCP support thread no. 4 -
https://www.mumsnet.com/talk/special_educational_needs/5197351-ehcp-support-thread-no-4
EHCP support thread no. 5 -
https://www.mumsnet.com/talk/special_educational_needs/5309128-ehcp-support-thread-no-5?utm_campaign=thread&utm_medium=app_share [please post on here till it's full]

https://www.ipsea.org.uk/write-to-your-mp-protect-the-legal-rights-of-children-and-young-people-with-send?fbclid=iwdgrzaaptrmvjbgnra-2spwv4dg4dywvtajexahnydgmgyxbwx2lkddm1mdy4ntuzmtcyoaabhteetkgwh_vaq_v3xvw7oea65lymiajkhzfhr-0srpu_nuheomy5es7xsqck_aem_c9vvyqjj32k8b6rqqfsb9g

I wrote to my MP about the White Paper and received a sensible response. Here's the template if you want to write to yours.

We now have an EHCP for my child but its pretty much a waste of paper - so vague and includes provision for mental health support the school have already said they won't actually deliver as attendance won't be high enough to be allowed to have the sessions. I am totally fed up with SENDIAS etc just quoting the law at me, without apparently understanding that what the law says is irrelevant if the school and LEA don't follow it, which they don't on any point. So now we are going to mediation, but so far even the administration for the mediation is appalling. It's just all designed to wear you down.

I'm sorry to hear that @narrowrailroad.

Are you able to say a little more about the mental health support not being offered due to attendance? That sounds very concerning.

@narrowrailroad personally, I wouldn’t bother with actively taking part in mediation. Just get the certificate and submit to SENDIST.

so vague and includes provision for mental health support the school have already said they won't actually deliver as attendance won't be high enough to be allowed to have the sessions

Is the MH provision detailed, specified and quantified in F? Or is that part of the vague wording? If the former, email the LA reminding them under section 42 of Children and Families Act 2014 they are responsible for ensuring the provision in F is provided. This duty is non-delegable and applies even if DC isn’t attending school full-time.

Alongside this if the school is a state MS, remind the school in writing the EHCP is a legal document, the provision in F must be provided and the school they have a duty under section 66 of the Children and Families Act 2014, to make their best endeavours to meet DC’s SEN. To not do so leaves the school and LA open to legal action.

If that doesn’t work, you can look at a pre-action letter, then JR proceedings if necessary. However, if the provision is part of the vague wording, it doesn’t have to be provided and can’t be enforced.

If DC is unable to attend school full time, is alternative provision in place?

EHCP is too vague on all points, it's unenforceable. No alternative provision no, its been refused other than one hour a week 'inclusion support', I complained, they've closed my complaint because I accepted a teams meeting about the complaint so I have to complain again. I don't have the energy to keep fighting the school and the LEA and the section 19 people (two different departments of the council and no they don't talk to each other or agree on anything!) I also work full time and have another child who actually has more significant SEN, he just actually goes to school so no-one is interested.

Mental health support is a limited resource so they won't offer it to a child with low attendance as it's potentially a waste of resources apparently. They said no when his attendance was around 45%, it's now around 10%. His attendance won't be good enough to qualify at any point this year now. EHCP doesn't make any difference apparently. I think we will ask for a budget to get this externally but I expect they will refuse.

Unfortunately, if the MH provision isn’t detailed, specified and quantified in F, it doesn’t have to be provided. An EHCP would only make a difference if the provision was in F. You are unlikely to get a PB for provision that isn’t detailed, specified and quantified (or otherwise required to fulfil their duty to provide the provision that is).

I appreciate you may decide not to, but if you want to, you could look at a pre-action letter and JR if necessary to force the LA to provide AP. As you have found, the normal complaints process isn’t a suitable realistic remedy for that type of thing.

Jumping in here with a question if anyone can help?

Does section 19 provision apply to post 16 school leavers? DD moved to college in September last year, predictably, it hasn’t gone well and she now has no placement and no education.

She has an ehcp, can I ask for section 19 and does it legally need to be provided in the same way as pre 16?

Are there any alternatives I am missing? DD is bright but accessibility has always been a huge problem.

Sadly, I think the answers are no and no.

This may be useful:

Education beyond 16 | Contact https://share.google/XeSbOUzpZ8LcZGr7N

@SENDMeHelp section 19 of the Education Act 1996 only applies to compulsory school aged DC, so while the LA has the power to make provision, they don’t have a duty to under section 19. Because they don’t have the same duty to, most of the time LAs do not provide provision.

However, because DD has an EHCP, the LA still has a duty under section 42 of the Children and Families Act 2014 to ensure the provision in F of the EHCP is provided. Is there anything detailed, specified and quantified in F? Or is it all vague and woolly?

If it is inappropriate for provision to be made in a school or college, you can still secure EOTAS/EOTIS/C via the EHCP as per section 61 of the Children and Families Act 2014. That still applies post 16. You should request an early review of the EHCP, and look at pursuing an EOTAS/EOTIS/C package. To get a proper package, it is likely an appeal will be needed.

@Needlenardlenoo and @KeepItSpinning I thought that may be it. I’ll need to do some research for an eotis setup. thanks.

Does anyone know how long priority appeals are taking at the moment? DD is out of college and I’ll need to appeal for a package. I’m planning to ask for an early review so by the time I get my appeal rights it’s going to be Summer.

If it’s prioritised, will it still be this year for a hearing?

If you haven’t yet requested an early review of the EHCP, you are unlikely to get a hearing this year, particularly if the LA amends.

In the meantime, is there any provision detailed, specified and quantified in F? Or is it all vague and woolly?

Our school has asked for DC's gaming therapy provision to be extended. LA replied that this is funded through health and social care, not through the SEN team. It's outlined in section F -- doesn't that mean it is the LA's responsibility? We don't have anything written in under health and social care.

I see that IPSEA says: Under Section 42 of the Children and Families Act 2014, local authorities (LAs) have an absolute, statutory duty to secure and fund all special educational provision specified in Section F of an Education, Health and Care Plan (EHCP).

@SpaceInvader321 anything detailed, specified and quantified in F is ultimately the responsibility of the LA. That duty is non-delegable.

Sometimes provision in F is (solely or jointly) funded by health &/or social care, often after having been discussed at the tripartite panel, but that doesn’t mean the LA isn’t ultimately responsible. Although it would be uncommon for such funding arrangements to be the case for gaming provision.

X-post with your edit.

BTW, a good EHCP would have something in C, D, G and H too.

@KeepItSpinning unfortunately not, the whole plan needs a re vamp via appeal. We are going to home educate in the mean time (but not de register) until we can sort out the appeal.

@SENDMeHelp I would avoid saying you are going to home educate. The LA is likely to pounce on the wording and take it to mean elective home education even if that isn’t what you mean.

Hello, please can I join, as a newcomer to the complete shitshow that is EHC support?!
My LA have agreed to an EHC needs assessment, whoopee, and I'm filling in the parent views section. It says that the content will be included in section A of any Ehcp that's ultimately issued. Does anyone know if the information will be lifted verbatim?
I want to include as much as possible about DD's mental health issues etc, but wary that (if we ever do get an EHCP) it stays with her until 25, and she may not want her self harm and suicide attempts as a 13yo on the first section.

This is probably the least important thing for me to worry about, but for some reason it's really upsetting me.

And another question... I know the LA has to consult professionals I reasonably ask to be consulted. How do I ask? There doesn't seem to be a place on the form.

Sorry, I feel like these are probably stupid questions. It's so upsetting and overwhelming to be laying out everything that has gone so wrong for her and everything she can't manage. I'd be very grateful for any advice at all. Thank you.

I agree, be cautious. My DD attends my school and I found her draft EHCP with lots of that kind of info had been sent to our general info address!

@Peggyblue IPSEA has a model letter you can send to the LA to request they seek advice and information from professionals during the NA.

Sometimes segments will be lifted word for word. Sometimes it won’t be. EHCPs must be reviewed annually. Section A written now does t have to be the section A in the EHCP when DD is in her 20s. MH needs should be in B. Be careful that they aren’t all in A and with needs not accurately recorded in B.

Thank you both. That's extremely helpful and I've used the IPSEA letter.💐

I don't know whether to celebrate because we have won something or whether I need to start arming for the next fight - I have spent so long fighting that I honestly can't tell whether this is the end of the fight.

LA finally agreed to assess DC last year but then dragged its heels for ages not doing so. We saw a final draft EHCP that was sent to 2 mainstream schools and a special school (our preferred option) back in February to consult on whether they could meet needs. One of the mainstream schools said they couldn't meet needs, the other said they could (but I have visited them before and they definitely couldn't) and the special school said they could and offered a place. Because a mainstream school said they could meet needs, it had to go to Panel and I was allowed to send a written statement about why the mainstream school wouldn't be able to meet needs, and I have now heard back that the Panel agree with me and they have said that the special school should be the one named on the EHCP.

The LA Officer dealing with our case says that it now has to wait for funding to be confirmed and this is where I am seeking either reassurance or warning of what might still go wrong - can the LA refuse funding now? Can they appeal the Panel's ruling? Have we won or is there more fighting to do?

Until the finalised EHCP is issued with the school named, it isn’t guaranteed. The LA may say one thing and do another regardless of panels (which may not actually exist or not exist n the way you think they do) and funding decisions. The LA wouldn’t need to appeal. They just make a different decision.

It sounds like the LA is well over time. If that’s true, I would be chasing.

Thanks @KeepItSpinning I think I am just going to be chewing my fingernails down to the bone until DC actually starts there!

Hello,

Please can I get some advice regarding a Phase-Transfer appeal (B,F and I).

It has come to light (after appealing) that the LA has named a school prior to consulting with them (they have tried to rectify this by now consulting but the named school have said and listed why they cannot meet needs.)

The LA mislead me by informing me that they are in discussions with our preferred school (who have said they can meet needs); however it has become apparent after requesting the evidence of this, that they are in talks with the school's local authority (it is out of Borough) to get a witness statement and are not in talks with the school. I feel annoyed that they have been misleading, and under the impression that they have to be honest and transparent during the appeal? I sent off a SEND7 form requesting the correspondence (they did not object) but also did not provide this evidence when I requested it. Not sure if I should have done this? I have been told conflicting information :(

Once I get the LA's response to the appeal etc I need to update my evidence with information that has now come to light - How do I go about doing this? - Is this a SEND7 form with all the evidence? or do I just provide the updated evidence etc to the Tribunal and LA?

Thank you in advance!