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]

My LA has agreed to issue, although the statutory deadline for issuing had already long passed at that point. DD is in year 10, and so close to a phase transfer (and definitely won't want to stay for sixth form at the mainstream school she's not been able to attend for the last year).

Is there anything I should be doing, other than chivvying the LA? I feel like the annual review is going to come round really fast, as I know the deadline is March 31.

@Peggyblue do you have the draft yet?

Do you have a preferred placement in mind for now or will you be pursuing EOTAS/EOTIS if it is inappropriate for provision to be made in a school?

In terms of post 16, start considering placements now and ensuring your evidence is strong for post 16.

Is alternative provision in place now?

Thanks @KeepItSpinning. No, no draft, just a form email saying that they will issue.

For now she has a tutor (under section 19) covering core GCSEs and my plan is that if she's well enough to do more than that, I can support her to scrape passes in couple of other subjects myself. I'm already supplementing the tutor with some low cost online classes for home educators, which she dips in and out of when she is able. She has been too unwell to engage in any activities outside home but her best therapy has been a kitten we got her. She wants to stay at / affiliated with her current school for year 11 - eg she wants to go in for lunch one day next term and do her exams there, if she's well enough for exams at all) but definitely doesn't want to stay for post 26.

The ed psych report said that her "current EOTIS package should be formalized", so I'm expecting that the school where she is registered will be named in the EHCP and then the at-home tuition too. We already know this isn't what she will want post 16, but I'm really stuck as they what she will need and want.

My instinct is that, if year 11 goes well, an EOTIS package with one of the online schools might be best for her, as the idea that she'll be ready for eg mainstream sixth form (which is what she has in mind) seems very unrealistic. We also don't know if she will pass her GCSEs or even sit them - so much depends on her health in this next year - so her idea of doing a-levels may not be possible either.

We'll start contacting potential settings in September (think it's too late for this term now) and start to identify our preferred options for different scenarios (eg of moving to A levels vs doing GCSEs).

I'm stuck as to what sort of evidence I should be gathering for the pre phase transfer annual review though. Is it helpful eg to commission a report from a private ed psychologist?

@Peggyblue section 19 provision shouldn’t just be focused on core subjects. DC are entitled to an education equivalent to that they would receive in MS as far as their health will allow. It shouldn’t rely on you to facilitate provision.

Chase the LA for the draft. Email the Director of Children’s Services reminding them they are in breach of the timescales. If that doesn’t work, you should look for someone with capacity to write you a pre-action letter.

I think you need to really think about what your preference is and what evidence you have. For a full proper EOTAS/EOTIS package, section I would be blank. There wouldn’t be a school or type of school named. While you can have some provision, the provision it would be inappropriate to be made in a school, delivered otherwise than in school and then other provision, which it wouldn’t be inappropriate to be made in a school, delivered in school, the school would be named and section I wouldn’t be blank like it would for a full EOTAS/EOTIS package.

If you go down the EOTAS/EOTIS route, there is far more to an EOTAS/EOTIS package than a bit of tuition. Don’t be fobbed off.

What evidence you need depends on DD’s needs and what evidence you already have. If the EHCP is only just being issued, you might not need anything. It depends on the quality of what you already have. Whether an independent EP assessment will help depends on what evidence you already have and the quality of it.

Thanks so much @KeepItSpinning, that's very helpful.

For now I'm almost happy to be fobbed off with the s.19 provision we have. Her capacity varies so that sometimes she can do more but overall most weeks she's not managing to do all the tuition on offer. If we get to a point when she is routinely managing that then I will start kicking up a fuss and asking for more.

I think my focus needs to be on the EHCP. I think for this year we're clear that we would like some of the provision to be delivered in school (this is what she wants, although in reality I don't think she will be well enough to access it) and some provision (ideally the one to one tuition that she's getting now) delivered other than in school - this is what the LA's EP report seems to recommend too.

For her post-16 phase, so much depends on how far her health improves this year and on what she wants to do. Right now, I think a full EOTAS/EOTIS package would be best for her. I think the evidence for that will be (crystal ball gazing here) her inability to access any of what is offered in school in year 11, along with her ability to engage with her tutor and with online learning and (given that I don't think the LA will commission another Ed Pysch report) probably some kind of report that I commission from a professional experienced in providing such reports, either a private ed psychologist or an occupational therapist.

Obviously my crystal ball gazing may be completely wrong in terms of the specifics - but the key thing is that I need to gather evidence in year 11 (which actually I realise just means the first term of year 11 for it to be ready in time for the pre phase transfer annual review...) which will consist of info re what she can engage in (from me, school, tutor) and a professional report that I will commission.

And in the meantime I need to get an EHCP issued so that there is something to actually annually review.

Does that sound roughly right, would you say, please?

In theory, you shouldn’t need s19 provision much longer. The EHCP should be finalised with sufficient provision. However, you need to be aware many have to appeal to secure provision otherwise than in school. If you do need s19 provision longer, DD doesn’t need to be accessing all the tuition now in order for more of other things, like the bits you are self funding, to be provided.

It shouldn’t just be tuition that is delivered otherwise than in school. That would be incredibly poor provision. Even if DD can’t access more tuition now, what about the other aspects of provision, both direct and indirect? DD needs therapeutic provision as well, direct and indirect provision. There should also be the non-academic side of provision - what does (or did if DD has dropped interests due to her health) DD enjoy doing e.g. art, cooking, gardening, gaming, music, sports… Physical activity should also be included - this applies even if DD can’t leave the house. Preparation for adulthood provision should be included. Resources, equipment, tech and assistive tech, professional time…

Don’t just focus on now. That is a mistake lots make. You need to also think about e.g. 10 months’ time. You don’t want DD to be ready for more in 10 months but not be able to capitalise on her interests because the provision isn’t there. It can still be flexible and responsive to DD’s needs.

While you can use evidence of non-attendance towards needing EOTAS/EOTIS/C, evidence of not being able to attend won’t, on its own, be sufficient to secure a proper package.

If the EHCP is finalised after September, you may find the LA tries to get away without holding a phase transfer review. They like to cut corners.

While the annual review (AR) process includes seeking updated advice and information prior to the AR meeting, it is highly unlikely the LA will commission a full EP assessment. Unless EP time for the AR is in F (this is part of the professional time I mention above), a lot of the time, they don’t seek any advice and information from an EP prior to the meeting.

Thanks @KeepItSpinning , it does sound like we will need to commission a private EP report at some point. Not sure how else to get evidence that an EOTAS/EOTIS package will be needed.

EOTAS has now been agreed and the LA has sent the draft amended EHCP. A few questions:

1. The LA has not listed the latest EP report in K and has conveniently left out all of the EP recommendations, including for flexibility to change providers as needed, or work with multiple providers at once, and for therapeutic support. They've also omitted the recommendation that DS will need to do GCSEs over multiple years, as and when he feels able. Do I write it all in?

2. "The package will be delivered and coordinated by the provider" - I have no idea who they mean by "the provider" here (elsewhere it's called "the educational provider"). We submitted a proposal with providers DS feels he'll able to engage with, but the drafted wording is singular and vague. Do all potential providers need to be named specifically in F?

3. "For the academic year 2026-2027 DS will be educated through an EOTAS package commissioned by the local authority."* *We said we wanted a PB and EOTAS Coordinator, so do we need to change this? There is one reference to termly team meetings "led by the EOTAS Co-ordinator" but no details about the Co-ordinator's role.

As for limiting it to only one academic year, I guess we ignore that for now. But there is no way DS is goign to re-integrate into a physical setting next year. Do we cross that bridge at the next AR, which I guess will be a phase transfer for Y12?

4. They have lumped a bunch of provision into one section covering the "provider" and possible EOTAS Co-ordinator, plus mentoring support and learning resources/materials, and stated "6 hours a week". Is this 6 hours of EOTAS Co-ordination? 6 Hours of mentoring? The EP report was very clear about how much time was needed for the EOTAS Co-ordinator and for various kinds of mentoring. Should I break it down into smaller sections and add the EP's recommendations?

5. Any advice for putting the PB application together? I already have everything in a costings spreadsheet, but as DS might use multiple providers and change as needed, it's hard to get a precise sense of costs.

6. They have left out laptop, assessment for access arrangements, costs of exams (incl mocks, marking, transport, etc). All of this needs to be in F, right?

There's probably more to question but I'll leave it there for now! Thanks!

@Peggyblue it depends on needs and what evidence you already have and the quality of it.

Getting agreement to leave section I blank for EOTAS/EOTIS/C is only part of the picture. You also need evidence of what provision is required that will make up the package.

Similarly, getting agreement to name a school in section I but also have some provision delivered otherwise than in school is only part of the picture. You also need evidence of what provision is required, particularly the elements that will be delivered otherwise than in school/college.

Other than EP, the other professionals commonly used include OT, SALT, CP, physio and ISW. What to prioritise (because getting everything independently is expensive and beyond most) depends on DD’s needs, what you have/the quality of it.

@SpaceInvader321
Do I write it all in?

B must include all special educational needs. F must include all special educational provision. If the draft omits things, you should propose all the amendments required and reference the evidence.

Do all potential providers need to be named specifically in F?

No. Generally, providers should not be named in section F. Until earlier this year case law (DM v Cornwall CC [2022] UKUT 230 (AAC)) dictated that providers should never be named in F. Not least to protect the child. Instead, the SEP should be detailed in F. Sometimes the wording will mean only one provider can provide the provision. However, while case law earlier this year (LL and MM v Telford and Wrekin Council (SEN): [2026] UKUT 129 (AAC)) confirmed that it is widely accepted providers shouldn’t be named in F, it did say there are times where it is appropriate to name a provider in F (in that specific case it was a hub in a school). In the vast majority of cases, it is still the case that providers shouldn’t be named in F.

We said we wanted a PB and EOTAS Coordinator, so do we need to change this?

Requesting personal budget doesn’t mean it can’t be commissioned directly by the LA. PBs can be delivered in different ways. One of which is commissioned by the LA directly. Do you actually mean you would like direct payments, which is another way a PB can be delivered?

no details about the Co-ordinator's role.

It needs to. Presumably your evidence covers this, so this is part of the amendments you propose.

Do we cross that bridge at the next AR, which I guess will be a phase transfer for Y12?

I would propose an amendment, but expect it not to be agreed. While EOTAS/EOTIS is only for short-term cases and doesn’t have to be about reintegration, EHCPs are reviewed at least annually. The LA isn’t going to guarantee you will get EOTIS post 16. Even if they did, they may not stick to their word when they finalise the phase transfer EHCP next year.

Should I break it down into smaller sections and add the EP's recommendations?

Lumping mentoring and co-ordinator provision under one set of hours isn’t sufficient. As you have pointed out, you don’t know the split. It is also very likely the same person can’t provide them both. It may not be the same provider either.

Any advice for putting the PB application together?

It can help to make a table. Needs from B and what needs need to be included in B even if they aren’t there now (it can help to break it down into the different areas of needs), provision from F or what provision needs to be included in F even if it isn’t there now (and any provision that is not in F but is essential for the delivery of the provision in F), provider, cost (one-off/weekly/monthly/termly/yearly), outcome. If you are requesting a PB, you can also add a column for how each part of the PB will be paid (DPs, third party arrangements, commissioned directly).

laptop

Should be in F. Although even if it isn’t, depending on the wider wording of F, the LA may still need to provide one because they are responsible for provision in F and that includes providing provision that is required in order to provide the provision in F.

costs of exams (incl mocks, marking, transport, etc).

This isn’t as straightforward. Some people have exams in F, including sometimes via Tribunal. Even if not explicit in F, if obtaining GCSEs is in F, then the LA must fund them, although that might not include mocks. However, sometimes LAs say exams aren’t SEP even, e.g. home invigilation, and I know some FTT judgements have agreed with that provision. I don’t know anyone who has taken this further.

assessment for access arrangements

This can be in F, but sometimes it isn’t. See the point about exams above. The same applies.

Hello, I wondered if I could get some opinions on our situation from people - I've been reading the thread and just trying to understand as much of this process as possible.

DD is going into Y4. Autistic. At risk of EBSA - increasing resistance to going into school. Had a half day absence and a lot of lates this past term but reluctance to go into school has been ongoing since middle of Y2. Is on SEN support. Has had various interventions and adjustments at school (ear defenders, sensory room, quiet space for lunch break etc) but notwithstanding all of these, things have been getting worse. School are reluctant to refer to EP, I suspect she's not 'bad' enough to be a priority.

My plan had been to make an EHCNA application over the summer as I feel strongly that someone needs to actually get a proper understanding of her needs. I believe she has problems with processing and planning, for example, which school haven't picked up on and so aren't supporting. However, I found out last week that an OT from the LA is planning to go in and observe her early next term.

Do I:

• wait for the OT recommendations and push again for EP review, putting the EHCNA on the back burner for now.

• crack on with applying for EHCNA now? Will that be knocked back though if the OT is yet to report and her recommendations put in place?

• wait for the OT report and then apply?

I am worried about the present and things getting worse but I'm probably more worried that I'll need to apply for secondary in 2 years - if her presentation doesn't drastically improve/her ability or capacity to cope doesn't improve, she'll really struggle with a MS high school environment without a lot of support. She can't cope well at the moment when her primary school is busy/noisy.

Thanks so much in advance.

In the current climate, many find an EP assessment via the school or LA outwith the EHCP process is unlikely unless there are very significant overt difficulties, e.g. significant behavioural concerns, and even then often not. That isn’t a comment on the severity of DD’s needs, more a comment on who flies under the radar.

I wouldn’t do your first bullet point. Even if an EP assessment is agreed after the OT assessment, there will probably be a long wait. You don’t want to delay requesting an EHCNA. Certainly not delay that long. The waits for appeal are long; if you have to appeal, potentially more than once and you are concerned about secondary, you need all the time to get an EHCP, and a good EHCP at that.

Whether I would do the second or third bullet point depends on what evidence you already have. The threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need special educational provision to be made via an EHCP. It sounds like you could demonstrate that even without the OT assessment? An OT assessment isn’t required before you make a request, so the LA should not refuse just because that hasn’t happened yet.

Be aware, while it isn’t a green light to do as they wish, one of the lawful exceptions for replying to an EHCNA request within 6 weeks is when the LA has requested advice from the school during a period beginning one week before a date the school closes for 4+ weeks and ending one week before it re-opens and it isn't practicable for the LA to comply within 6 weeks.

Thank you so much for this.

I think my concern was that if I apply for EHCNA at the start of Sept, whether the LA could refuse on the basis that OT review is coming up and that her recommendations, if put in place, may mean that the situation improves and EHCP would not be needed. So then they could argue it's premature to apply, if that makes sense?

But yes, I don't want to leave it too late because I know I'll probably have a fight on my hands based on what I've heard from other experiences.

In terms of evidence, I suppose I can show that notwithstanding the support the school has put in for 2 academic years now, things continue to deteriorate. I first raised concerns about the risk of EBSA last March, albeit the issues with lateness have only really started in the last few months. She's not made progress, she's got worse. That's why I thought of the application in the first place - if this is the best school can do and things are escalating, then surely we need someone else to come in and help?

The LA should not refuse to assess just because the OT hasn’t assessed yet.

Hey everyone. We are mid way through our needs assessment for DD with processing delays, dyslexia, anxiety, possible autism (private EP thought possible but I’m 50/50), and probable ADHD. The LA’s EP assessment, while recognising DD’s needs, has listed a load of hopeless provision like TA-led interventions, which I know will be inadequate to support her. The LA’s OT assessment has come back saying she requires only a two hour session and the speech and language report says she has needs but that speech and language therapy won’t help her. I’m worried all this will be the basis for the LA to refuse to issue at all on the basis that all the provision listed by the EP can be done out of the school’s existing resources. My questions are 1.- do you think this is likely at this stage? Or do you think that they are more likely to issue a weak EHCP which lists only the provisions the EP has listed? To be honest I feel like the latter would at least be a start, would mean we get to access the phase transfer process while we challenge the provision set out in the EHCP. I’m dreading the idea that they could refuse to issue at all. Also question 2.- If they do refuse to issue, how long are appeals generally taking at the moment? Thanks so much for all the help - appreciate this thread so much!

@Sundayturnips I'd have your request written and ready to send to the LA the night before school opens (they'll probably have INSET on the Tuesday after the Bank Holiday). Referring your DD for OT is excellent evidence in my opinion. You're right to focus on secondary. Two years isn't long considering the glacial pace of this stuff.

Hi @Runningshoes99 either of those possibilities seem quite likely. I agree that you are in a better position with an issued EHCP (you can make representations on what it includes, although they don't have to accept them). Do you think a private SALT report may be needed? How can she have SALT needs but not need therapy?!

@Runningshoes99 it could be either.

If the reports are lacking, go back to the report writers and LA and remind them they need to cover needs, provision and (SMART) outcomes and they should be detailed, specified and quantified.

Is the independent EP up to date? If so, the LA should consider that. Sadly, they often pay lip service to this. In fact, if you, the LA and report writers thought it was sufficient for the NA, they shouldn’t have sought further advice and information from an EP. Sadly, LAs often claim it isn’t sufficient so they can get their own woolly report.

If you have to appeal RTI, you are looking at a hearing in 2028.

@Phineyj it is common for LA reports to highlight needs but fail to cover provision. With things such as SALT and OT, it is also common for the reports LAs commission to cover provision but say direct therapy isn’t required.

Thanks @Phineyj and @KeepItSpinning - she’s had up to date EP and SALT reports privately (done in November and reports issues in Jan) and they were much more detailed and quantified than the LA versions, the EP didn’t even do any tests on DD just got her to draw a picture and asked her some general questions. The LA EP didn’t dispute anything in the private EP report in terms of her needs, it just didn’t specify anything like the level of proper specialist provision that the Private EP (and, separately before that, a dyslexia assessor) stated was necessary for her to learn effectively. Same story with the SALT largely, although the LA SALT did dispute the private SALT’s view that she presented with social communication challenges as well as language processing challenges. I think the LA SALT’s argument was that her needs were primarily thinking and learning rather than something speech and language therapy could help. It’s exhausting isn’t it. Thanks for your help - I’m dreading the prospect of refusal to issue but u guess I’ll just have to wait until October to find out. Is there anything specific I can do while this process is going on? I’ve asked them to consult the specialist teacher who works with DD 1:1 and has done for over two years (which we pay for because the school won’t and which is the most crucial provision she currently has and which is the only thing keeping her head above water at school) but they haven’t bothered so far.

I would go back to the OT and the La about the OT report. If you have good independent EP and SALT reports, I wouldn’t worry too much about challenging the LA’s reports for those. The independent reports are likely to be superior even if the LA’s reports improve.

You could keep detailed notes of what DD does with the specialist teacher, and what you believe the impact on school is. A friend of mine recently had to appeal refuse to issue and she included evidence like that.

Hi could I join this thread please? I will try not to make this first message too long.....
Fought to get my daughter a EHCNA, school didnt want to know so I applied myself. LA said no, so I did a SAR request on the school and bought evidence from this to mediation in March. Here the LA agreed to assess 🎉🎉🎉🎉 they have now established my daughter who everyone told me wouldnt need an EHCP is actually being awarded an EHCP.
Year 8 attendance finished on 62% fir the year..... 8% over the last 4 weeks.
2x EP reports, one from year 7 one during EHCNA both state she feels unsafe in the school environment (mainstream), she finds school overwhelming, has massive sensory difficulties. Also backed up by CAT team report and autism diagnosis report which was done in April of this year.
Mediation document her current school also state they feel a smaller environment would help her access education. So that to me is the school saying they have exhausted what they can do.....
LA now saying they believe the professional evidence says she could attend mainstream and they intend to still name her current school (where attendance has collapsed) on the final EHCP. I did get cross and say you cannot be reading the same reports as me to come to that conclusion, and stated that if any mainstream school is named in the final EHCP then I will be taking it to tribunal. Caseworker did say that she would have the EHCP that she did not have before. But my daughter snuck up on me during this phone call and it took me hours to calm her down at the prospect of them trying to make her return to the mainstream school.
Has anyone been in this position and successfully managed to get their child into a setting that actually meets their needs.

Have you looked into whether there are alternative schools that would suit her better? You'd think the LA would do that, but unfortunately they tend to leave it up to the parent.

I found one that I believed would be suitable, lobbied hard for that, and got it.

(It's going well two years in but we didn't have the traumatic transition).

My parental preference school who jad spaces the week before they received consultation, sent back consultation saying they have no vacancy. To say I snot cried is an understatement as the school was just perfect. My daughter is academic when she can access the environment and this was an autosm specialist school who do still cover academics.
I have requested the LA consultation with another school similar to this, so absolutely praying with all i have that this school say they can meet need and have a vacancy 🤞.
Although the caseworker said it then goes to placement panel, which I'm guessing the LA could still say no.
I have visited 8 settings with my daughter from resource bases attached to mainstream, aswell as specialist provisions.
I also know I have no chance of getting her to consistently attend any mainstream setting, thr mention of it sends her into a spiral.

Its looking extremely likely she will not have any new placement by September, it is my understanding the LA are legally behind deadline for issuing final EHCP. Mediation was 25th March and research says they should issue final EHCP by week 14 after this?
So i am worried they will just name current school to get it off their desk

It isn’t uncommon, I’m afraid. The majority of parents who appeal are successful.

Is your preferred placement wholly independent?

As well as the evidence from the CAT team, EP and ASD diagnostic assessment, do you have other evidence? For example, OT and SALT.

When you received the draft, did you propose all the amendments that are required and reference the evidence?

I would go back over the reports because LA EP reports are often not brilliant and sometimes people don’t realise that until they dig deeper. For example, look for wording such as “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)”, “small”, “small group”.

I would also remind they should have finalised by now.

Not commenting on your case specifically, but the LA is right that a child not managing mainstream without an EHCP doesn’t automatically mean mainstream with an EHCP isn’t suitable.

Is alternative provision in place?