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 preferred placement is a wholly independent school, however they are a section 41 school.
The alternative school i have named is a free specialist provision. We are still on a waiting list for OT and no nothing from SALT. Do have GP evidence regarding mental health around school and EBSA, I clouding a letter to the school from the GP.

I did send back all ammendments on parental views form, and have jad confirmation most of these have been added. Other than ammendments I requested to wording of some of section F, I was told that section F is lead by professional advise. However they can assure me any placement will do their own assessments of need and will be yearly assessments of EHCP. .
We have no alternative provision in place as of yet, literally waiting to hear back from LA now but as we are in the summer holidays I dont think amy consultations will be back now before September.
School did put alot in place for her amd her attendance still collapsed, she jas a pupil passport, interventions, did do a reduced timetable for a few weeks (worked well she attended everyday on a reduced timetable), but ultimately nothing changed from before reduced timetable to after.

I followed up the phone call with an email referencing the evidence in the reports as to why I would be taking it to a tribunal if a mainstream was named.

My daughter is academic and I wish a mainstream worked, we really have tried. I am also not against her current school and do have a good relationship with the SENCo and the head of year, my youngest daughter actually statys there in September.

Its the realisation that my oldest daughter just cannot cope in that environment. And IMO the reports arent outlining that she needs interventions ect, it lists the whole environment of the Unpredictability, crowds and noise, not using the toilets, not spending time with peers and preferring trusting adults, flexible times to eat (she wont eat during school, or drink as wont use the toilets).

She achieved greater depth SATS results in a primary school environment which is more predictable. So secondary has completely blown me away. Autosm diagnosis report stated it as expectations are exceeding capacity.

So sorry for waffling and I greatly appreciate responses ❤️

If they are a section 41 independent school, they aren’t wholly independent. Therefore, if they are your preference, the LA must name them unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs
-Attendance would be incompatible with the provision of efficient education for others
-Attendance would be incompatible with the efficient use of resources.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DD is incompatible. The bar for this is high. Far higher than LAs and many schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. The LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the reasons above. The school doesn’t have to agree to being named and they don’t have to offer a place first.

Did you request the LA seek advice and information from SALT and OT as part of the EHCNA? Waiting lists aren’t relevant to EHCNAs.

B&F are based on evidence, rather than what parents say, but you can still propose amendments that are required based on the evidence - this is why you reference the evidence.

The evidence should cover all needs and all needs should have corresponding provision. If that hasn’t happened, you need to go back to the LA and report writers.

Schools will not undertake a full reassessment of needs. While advice and information is sought as part of the AR process, it won’t be full in-depth assessments.

Alternative provision should have been in place a long time ago. Did you request it but the LA refused, ignored you or delayed?

Thank you so much for this, and i didn't request any professionals i was trusting the process 🤦‍♀️. I did pay for the autism assessment though and made sure it was a multi disciplinary team following NICE guidelines to go towards the needs assessment.

I am very new to this and you are way more clued up than I am, so rrally appreciate your reply.

I thought although not impossible would be extremely difficult to get an independent school (even if section 41) to take on a child if they have said no vacancy.

I know the LA can over rule mainstream and LA run schools when they say no vacancy. I havent asked for alternative placement which I think you are referring to a section 19. I have only very recently learnt about this, I have sent them atyendamce figures all throughout the assessment along with my concerns regarding this and my daughters mental health. Along with the affect it jas on her sibling.

Yes, when I asked if alternative provision was in place I meant provision under section 19 of the Education Act 1996.

Section 38(3) of the Children and Families Act 2014 states you have the right to request a section 41 independent and section 39(4) means the only lawful reasons for refusing to name it are those set out in my pp. Although some have to appeal, but that applies to other types of schools too including maintained (MS or SS).

If you have to appeal, it is worth looking at independent assessments.

It is worth reading IPSEA and SOSSEN’s websites and the SENCOP to begin to learn more about the SEN System. Some of the case law around when LAs can refuse to name schools is set out in the Noddy guide if you would like to read more on that.

You are amazing and thank you so much for taking the time to listen and advise. I am off to work now but will look at all the resources you have mentioned.

I may be back for more advise so tell me if I am becoming annoying 🤦‍♀️.

Bit from the bottom of my heart thank you ❤️

Hi all, I hope the summer is going okay so far.

We received our consent order back from SENDIST, with a direction for the LA to issue an EHCP, on 8 July. So by my calculations, we should be receiving a draft by 12 August and final EHCP by 23 September.

DD will be going into year six, which is obviously a phase transfer.

This is where I am getting confused about when we name a secondary school. Does the first plan just need to state the primary school or should we also be consulting with secondaries (when?!) so a secondary is also named?

I thought that the plan would be finalised with just the primary, then we would have a prompt phase transfer review to look into secondaries.

I have been liaising with our SENCO about this over the past few days and she has said:

"I have inquired with our LA school case worker (who the plan will be passed onto once it has been finalised) and asked her about the phase transfer process as (DD) is going into Year 6.

She has said that (LA) changed their processes last year and all annual reviews for phase transfer are to be completed before July 31st in Year 5. It used to be that we would do an early annual review in the first term of Year 6 and submit this before October 31st. Which I think is what the IPSEA advice is saying, but they were struggling to secure school placements by the deadline.

I have been told that due to the timing of the plan and (DD's) entry into Year 6, the phase transfer will form part of the draft plan and finalised plan. This has been the case with plans I received last academic year for pupils in Yr 6."

You should be thinking about secondary placements now.

LAs should not be holding phase transfer review in the summer term of Y5. That is unlawful. Although sadly not rare.

The LA must finalise the phase transfer EHCP with the secondary placement by the 15th Feb of Y6.

When the first EHCP is finalised after the start of the Y6 academic year, LAs sometimes try to get away with not holding a phase transfer AR. While it isn’t unheard of for them to finalise an EHCP naming secondary placement in September of Y6, it isn’t common. It is more common that they just ignore the law, issue the EHCP naming the primary placement then amend later in the academic year without following the correct process to amend.

Unless one of the exceptions applies, yes, the LA must finalise by when you have said.

@KeepItSpinning Thanks so much for your reply.

Sorry, just to clarify - the SENCO is stating that the phase transfer process should be part of the initial draft and final plan. Is that correct? Or should the initial draft and final plan just name the primary and then straight away we have the phase transfer review meeting?

The LA, according to the SENCO, are trying to do it all in one. Which I guess makes sense from an efficiency perspective, but not from a timing one as we need to visit and speak to secondary options (which we obviously can't do until September...) Obviously all of the normal year six open events happen in September and October, so we were planning to go those anyway, supplemented by additional meetings.

When the first EHCP is finalised after the start of the Y6 academic year, LAs sometimes try to get away with not holding a phase transfer review. It isn’t that your LA is claiming they will roll a phase transfer review into the initial process. It is they are saying they won’t undertake the phase transfer review. When LAs do this, while it isn’t unheard of for LAs to finalise an EHCP naming secondary placement in September of Y6, it isn’t common. It is more common that they just ignore the law, issue the EHCP naming the primary placement, then amend later in the academic year without following the correct process to amend. They should hold a review. Many don’t though.

Thank you @KeepItSpinning So the standard, lawful process for an EHCP finalised in the September of year six would be to immediately hold a phase transfer review?

I think the SENCO is trying to say that the phase transfer discussions will happen during the drafting process, but I guess that's not a review because you can't review something that's not been finalised?!

Should I respond to the SENCO or take it up with the caseworker? The SENCO is quite affirmative and did write a very supportive witness statement, but as with many of them, she doesn't seem to have a secure grasp of the process and obviously trusts what the LA tells her!

There wouldn’t necessarily need to be a review immediately. At some point before the last week in November. If you want to challenge it, and some don’t bother, by all means speak to the SENCO but also speak to the LA.

@KeepItSpinning My only concern is that if the LA wants to name a secondary before the plan is finalised, then this will delay finalising as I'm not sure we will have enough time to speak and visit all secondary options?

You say that it is not common for the LA to name a secondary straight away if a plan is finalised in September of year six... But if a phase transfer review doesn't happen, when do we name the secondary?

The LA may not delay finalising even if you say you don’t have enough time. They may ask your preference and then finalise whether you reply or not.

LAs often act unlawfully by just finalising the version naming the secondary placement later in Y6 without going through the proper process for amending. So they would just ask your preference at some point/request you complete a form (you don’t have to) then finalise an amended version.

Has anyone had an call from community paediatric 3 weeks after receiving draft EHCP? Had a call today and online appointment booked for monday which has been requested by SENAR.
I just thought the assessment process was done, however I have asked that instead of section f saying 'it is likely a referral to occupational therapy services would support......' to a referral to occupational therapy will be made.
And I have also explicitly stated verbally and in writing that if a mainstream setting is named in the final EHCP I will most definitely be going to tribunal.

In response to my asking about occupational therapy the caseworker replied that section f is based on the professional evidence so cant be amended.......... but surely OT has been recommended by the professionals for it to even be mentioned in the draft????

An OT assessment should have been part of the EHCNA. Did you request it?

B&F are based on the evidence, but that doesn’t mean they can’t be amended. They can. You just propose amendments based on the evidence and reference it. You need to look at the evidence. Just because OT is mentioned doesn’t mean the wording you propose is supported by the evidence.

The wording you quote isn’t adequate. Neither is changing it to a referral will be made.

It is normal for some to have paeds appointments during NAs. It shouldn’t be but sometimes this happens late.

I dodnt know i child request specific assessments to be honest, although I think I will be asking for OT input now as they are clearly still assessing 🤷‍♀️.
And the autism diagnosis report (April this year) EP report (March 2025), EP report (May this year) all say thay occupational therapy involvement should be sought and/or would be beneficial.
The gp did do a referral last year followinf the first EP report, but the service pushed it back without any explanation, and whenever I tried to contact them I couldn't get through.

Did send caseworker gynae letter from yesterday aswell which does state cannot cope with sanitary towels so uses period pants. And autism related sensory issues.

Thank you for your reply 🙏

Hi @rainbow9713 I used a template letter on the IPSEA website to request OT specifically. The LA didn't respond but it did eventually get done.

We didn't have paediatrician involvement during the EHCNA but then did during the first annual review, but not during the second. I honestly don't know what goes on behind the scenes. They certainly don't bother explaining any of it to parents!

I had mediation 25th March this year where they agreed to assess, they have had CAT team, EP and social care through the needs assessment. I paid for private Autism diagnosis as I do believe alot of her struggles such as SEMH, anxiety and sensory are all symptoms of autism if that makes sense. She was diagnosed and it was a upto disciplinary, NICE guidelines assessment. Kicking myself now I didnt request OT as I think her sensory issues are massive like noise, crowds, clothes and food are an absolute nightmare.
So I am going to go back through all reports and copy out all the sensory things from them..... and email case worker factually with all of those along with every line the report mentions OT referral, and see if I get anywhere now.
Did receive draft EHCP 2nd July.

I would like to request that an Occupational Therapy assessment is completed for before her EHCP is finalised.
Whilst I appreciate that Section F is informed by the advice received from the professionals involved in the assessment process, I feel the current wording in relation to Occupational Therapy is insufficient.
The professionals who have assessed have identified a potential need for Occupational Therapy involvement, with this being highlighted as far back as the Educational Psychologist's report in March 2025. Given significant sensory processing difficulties and the impact these have on her ability to consistently access education, I believe an Occupational Therapy assessment is necessary to fully identify her needs and the provision required to meet them.
I do not feel it would be appropriate to issue a final EHCP without this assessment, as it may result in her sensory needs and the provision required to support them not being fully identified.
I would therefore ask that the Local Authority considers arranging an Occupational Therapy assessment before the EHCP is finalised.

I just sent this so lets see what happens

Fingers crossed. SENDIST put something similar in their decisiom letter after our refuse to assess tribunal.

My caseworker isnt massively responsive to be fair. But I think as long as I have a paper trail, this has felt like such a hard fight to even get to this point.
I cant watch my daughter crumble again in the wrong setting for her though. I researched and researched but so glad I have now found this thread (wish I found you guys sooner) as you guys are more informed than me.
I do really appreciate all replies and hope i can help someone in the future like you guys do now.

Ooohhh literally just received 3 in 1 ADHD assessment appointment for a month's time aswell. QB test, community paediatrics and ADHD nurse specialist in the same appointment.

An OT assessment should have been part of the NA and B&F should cover those needs and provison required rather than leave it to a vague maybe assessment at some point in the future. However, I would not be asking the LA to delay finalising, especially when they are already in breach and there is a not insignificant change you will have to appeal the placement. Appeals being registered now are coming back with 2028 dates. If DD isn’t in school full time, you can request an expedited hearing, but that isn’t guaranteed and will still be a long wait.

It isn’t likely that the LA will agree to an OT assessment as part of the EHCNA at this stage, anyway.

Would be beneficial doesn’t mean what you think it does. It is vague wording. 1 million pound would be beneficial to me. It doesn’t mean I need it and it doesn’t mean I must receive it.

Putting together our PB request to submit with our changes to draft amended EHCP for EOTAS. The EP recommended an EOTAS Co-ordinator for 2-4 hours per week, depending on what stage of the plan DS is at (It's a staged return to learning after prolonged EBSNA). Should I be worried that the LA will refuse to pay for this in the PB and say they'll do it instead internally? That would be a complete disaster. Any advice appreciated.

There are two potential pitfalls.

The first being the LA may not agree to include it in F, even if the EP has included in their report. That isn’t uncommon. Many have to appeal for co-ordinator hours.

The second being whether a PB and specifically DPs, which is what I think you mean, is agreed. It is a possibility the LA will refuse. LAs sometimes try to fulfil this role internally. It depends on the wording in F. If it is worded correctly, the LA would not be able to undertake it.

Two hours pw is not a lot even for a small package.