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]

@KeepItSpinning Thanks. The LA did put the EOTAS cor-ordinator in their draft amendments (but hours/week was not clear) and I've added the details from the EP report.

I was planning to put every provision that has a cost in the EHCP into a PB request, paid by DP. Does that make sense?

And do you know any good resources for finding an EOTAS co-ordinator?

As long as you are happy for everything to be funded via DPs, including everything in your PB request to be paid via DPs is the right way to go.

EOTAS/EOTIS co-ordinators vary in their role. Before suggesting where to find one, it would be helpful to know what type of EOTAS co-ordinator do you need, what their role will cover and if the role is limited to specific training/qualifications/job title. For example, some have a role that is more of an admin role, some have the person running training sessions and undertaking risk assessments, some have person doing the business side of things e.g. recruitment and on-boarding, some have it specified that it must be a teacher with QTS and experience of running EOTAS packages, some have an EP undertaking the role…

Another helpful thing to consider is whether you need any of it in-person or if all remote work would work for the package.

The LA has finally issued DC's EOTAS EHCP and completely ignored the detailed EP report and all recommendations. They put 1 hour of EOTAS Co-ordination per half-term and 20 hrs of educational provision but without anything detailed, specified and quatified - only "Within the mentoring and teaching hours as specified ". No mention of online learning resources/provision, no mention of a laptop, no mention of exams as DS is going into Y11, none of the therapeutic suport the EP recommended. It's such a joke and I can only hope everyone who works in the LA has their own very needy SEN child one day.

They said no PB had been requested, but then said in an email that our request was still with the panel.

They also said: "While the EP report was fully considered, the Local Authority has decided not to incorporate its recommendations into the EHCP at this stage."

They also ignored the EP's advice to conduct OT and SALT assessments as part of the AR.

I'm pretty sure this won't stand up at appeal, though the wait is long and they're banking on parents giving up. So annoying but so predictable.

I've already requested a mediation certificate.

Can I also threaten judicial review? And go through the formal complaint process and Omsbudsman? I'm willing to throw everything at them, I'm so bloody sick of this.

I recently had a conversation with my MP about the SEN situation and am going to raise this with him as Labour have got to get over the idea that handing LAs more power is going to solve anything.

Meanwhile, my request from last term for s19 for DS still has not been replied to. Is it possible to request s19 alongside an undefined, unlawful and unenforceable EOTAS EHCP? As far as I can tell, the LA is trying to get away with not funding the EHCP.

How do I make sure (as far as I can) that I get reimbursed for any educational expenses we self-fund bc the LA isn't doing their job?

The route to sorting the EHCP is via an appeal to SENDIST. JR isn’t the route to resolve the content of the EHCP. The LGO won’t deal with that either citing section 26(6) of the Local Government Act 1974. I know that is incredibly frustrating.

Is a laptop required in order to satisfy anything that is in F? If so, even if the laptop isn’t specifically mentioned in F, it must be provided in order for the LA to fulfil their s42 duty to provide the provision in F that a laptop is needed for.

Unfortunately, reimbursement is difficult and many don’t receive it. You could go through the LA’s complaint process. This may result in a settlement. If it doesn’t, I’m afraid the LGO won’t investigate as per my first paragraph and even if that wasn’t the case, reimbursement of all costs isn’t guaranteed.

Section 19 of the Education Act 1996 still applies even if there is an EHCP, with or without section I blank, regardless of what SEP is or isn’t in F.

All they've put is "Provision of up to 20 hours of educational provision and 10 hours of mentoring support to be delivered." It doesn't even specify per week. Nothing about the type of provision (EP was very clear about online resources, printed learning materials, DC needing a high level of flexibility to work with different providers, etc). So, no, I think it's written so vaguely that there's nothing indicating a laptop is needed because there's no clear provision defined. There's nothing about exams, access arrangements, etc. DS wants to do his Maths GCSE in November.

The caseowrker said they "considered" the EP report but didn't choose to include it's recommenations "at this time". But neither did they present any alternative professional evidence.

They acknowledged our PB request but haven't said when we can expect a decision. So how do we know what, if anything, they plan to fund? How do we get anything in place for DS? This is so ridiculous.

DS1 can’t sit GCSE maths this autumn. The Nov GCSE series is only for post 16 pupils.

He could sit IGCSE. Centres will have their entry deadlines approaching. Although depending on what exam access arrangements you may not find a centre with space. Some exam access arrangements need sorting well in advance.

I would ask the LA how they intend to provide a suitable full-time education.

I meant iGCSE. The EP recommended home invigilation but if there's no funding, I don't know if we can do that.

I'll be writing to the LA today. Thanks.

Even if you had funding, it is highly unlikely you would be able to arrange home invigilation as a private candidate for the November 26 series now. Not all centres who accept private candidates can facilitate home invigilation, and when they do, they have a limited capacity for it and are usually booked up well in advance. For example, some centres are already booked up for home invigilation for the summer 27 series.

@SpaceInvader321 I have realised I gave you the reasoning behind the LGO not being suitable to resolve disputes over the content of an EHCP by mentioning the Local Government Act, but I didn’t do the same for JR.

JR is a remedy of last resort. LW, R (On the Application Of) v London Borough of Islington [2025] EWHC 703 (Admin) confirmed the FTT is a suitable alternative remedy in all cases except very exceptional ones. I’m not just talking about cases where DC aren’t receiving the provision required. The bar for exceptionality is very high. This case was about placement as well as the content of other sections, but the same principle applies when it doesn’t involve a dispute over the placement.

“While Mr Friel submitted that there was some variation between what these reports recommended and what had been included in the August EHC Plan, that is not an issue which is appropriate for judicial review in circumstances where there is a live appeal in the FTT in relation to the contents of the EHC Plan and where the FTT is the specialist tribunal in relation to these matters. As I have set out above, the scope for judicial review in those circumstances is extremely limited…”

“When I pressed Mr Friel to identify what it was about the Claimant's case which made it exceptional such that the Administrative Court should intervene despite the availability of a statutory appeal to the specialist tribunal, the only factors he was able to identify were the delay which would occur before the final hearing in the FTT, which is due to take place in December this year, and the extreme circumstances of LW, including her mental health and the fact that she has been suicidal. While I recognise that delay and the predicament LW faces in finding a suitable specialist school placement are matters which must be causing real distress to her and her family, I cannot see how these factors are different from the position of many children and young people who have appeals pending before the FTT. In my judgment, those factors do not justify this court exercising its powers in circumstances where an alternative and specialist remedy exists.”

See this SOSSEN page - “JR is not suitable for challenging content in the EHCP”. It is also covered in the Noddy guide if you want to read more.

I had some support here earlier this year, which was very helpful. Thank you. We received a favourable decision this week to issue an EHCP and are now awaiting the draft.
It has been a draining experience, and I’m relieved that I don’t have to appeal. We were initially turned down for an assessment, so I’ve had a taste of that process it is all so exhausting.
Thank you for all the help so far, and keep going, everyone.

Draining is definitely the right word @Lelivre! Hang in there.

Great news @Lelivre.

Hi all, so we have received (after I had to chase as they missed the statutory deadline) the draft EHCP for DD and it's absolutely shocking - 100% worse than I had imagined.

Whether deliberately (I fear) or not, the caseworker has based it solely on the LA EP's report (more than a year old) - that was initially used as evidence to refuse to issue!

I'm hoping that the caseworker has just not been sent the private EP and OT assessment reports that they conceded my appeal on...

The draft is significantly outdated and inaccurate. For example, "no additional needs" under C&L. The private EP diagnosed DD with dyslexia and dysgraphia and assessed her writing to be two years behind despite a high cognitive ability.

So I have gone back to the caseworker asking for a rewrite based on the reports which I attached, before I am able to properly comment. Does that sound an okay approach?

No, you don’t need to go back to the caseworker for a rewrite first. You propose amendments and reference the evidence now.

@KeepItSpinning Ooh okay, thank you. It was just so utterly useless and incomplete that it won't just require amendments, it will literally require rewriting. I actually don't think there's anything in there worth keeping. Should I still do that now even though I've said I will comment on a rewrite?

Should I go back and say on second thoughts, I will rewrite it myself?

@Namechange857 in some cases it is normal for the draft to essentially need a complete overhaul. You are still proposing amendments. It isn’t any different to if only a smaller number of amendments need proposing.

Yes, you need to propose amendments now.

The LA doesn’t not have to send you a rewritten version just because you have said it is needed.

Even once you have proposed amendments, the LA doesn’t have to send you a revised draft before finalising if they aren't going to make any amendments or the amendments made are a result of your representations. (And to add the placement/type of placement.) They can finalise without consulting you again. Based on Reg 14 and SENCOP 9.125. They only need to issue a revised draft if they propose other amendments.

@KeepItSpinning Thank you. It literally needs scrapping and writing again. I won't have time today, so is it worth sending a follow-up email now to say that is what I will do?

I was expecting the usual complaints (eg some missing provision or woolly language), but was not expecting diagnoses and needs to be completely missed off! The C&L section is completely empty. In the email itself, the caseworker states: "This is an important opportunity to make sure the plan fully reflects your child/ young person’s needs and the support required to meet those needs."(!)

You can if you want but it doesn’t really matter because the LA must give you at least 15 days to comment.

Another one here who has a draft EHCP with some massive holes. No mention of the EOTAS packages recommended in the EP report.
I have put in my comments that this should be added, but based on all the experiences here, I expect we'll be going to tribunal.

My LA agreed to amend DD’s ehcp in early August but only sent an email saying this, no amended plan, no proposed amendments, nothing.

DD is ready to move from her current specialist school into an ARP in the new term. But the school haven’t been consulted with yet, and there’s no plan to do so with anyway. I’m really anxious about what happens next week if this still isn’t sorted.

I escalated it to the Director last week and to councillors today, but there’s been no movement at all. And because the amended plan hasn’t been issued, I can’t appeal either.

Not much anyone can do, just want to moan. She’s been out of school for so long and is so excited to try a new setting and it’s so hard to manage her expectations.

@CatBusStop if DD is not in school, is alternative provision in place?

Is this following an AR? If so, the LA should have informed you if they were going to amend or not within 4 weeks of the AR meeting. They should have sent the amendment notice/notice of amendment/draft/whatever you/the LA want to call it at the same time and finalised within a further 8 weeks. As this hasn’t happened and chasing hasn’t worked, you might want to start looking for someone with capacity for a pre-action letter.

You could also try emailing the Monitoring Officer.

Just so you know, LAs don’t always wait until they send you the amendment notice before consulting.

Yes the AR was early July. No AP in place, since she is still on roll at previous school I need them or the LA to confirm what will happen next week, will they do tutoring, continue the Mindjam they pay for etc.

If the AR meeting was in early July, it was always unlikely you would have a finalised EHCP naming another placement by the beginning of the 26/27 academic year.

If DD isn’t able (rather than you just disagreeing with it being named) to attend the school named in the EHCP, the LA has a duty to provide a suitable full-time education and anything in F. If you haven’t already requested AP from the LA, do this now.

I don’t think they should do ARs in July (I know there’s not much choice but in cases like this it isn’t great). I’ve never pushed AP before as she hasn’t been willing to engage. But I think she might do now.