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]

@NameChangeForSENrelated if you had that conversation verbally, follow up with an email to create a paper trail. Unfortunately, until the EHCP is finalised, it isn’t guaranteed.

Thank you! I have sent an email "thank you very much for confirming that the funding has now been agreed to allow XXXX to start at YYYY school" couched in friendly terms about how grateful we are for all her support and the relief we feel knowing that it has been agreed - I don't want to come across as too formal but yes it seems very sensible to have some kind of written evidence even if it is only generated by me...

@KeepItSpinning

Thank you and sorry for the delay in responding.

As I am appealing sections B and F, the LA are now not conceding on the placement. I am shocked.

They claim that the concession was on the basis of the current ehcp under appeal but I wish for sections b and f to be amended to the original ehcp wording that they finalised on following a phase-transfer review. (They then re-finalised to name an unsuitable school and took some info out and mismatched the outcomes) without ever sending me a draft - creating the appealed EHCP.

They've consulted with the school using both versions. They confirmed to both they can meet needs.

However, the la are stating that the wording from the original ehcp was from me and therefore they cannot concede on that. This was information the la copied and pasted over from the new report and finalised.

This wording was then again finalised in the ehcp under appeal, this would mean that the school would see this information now for the third time.

I am absolutely shocked and upset. I have no idea how to move forward with this. Ive challenged it but they never seem to listen to what I am saying.

Is there any advice with next steps please?

@Thistleberry you don’t have to apologise! Easier said than done, but ignore the LA’s game playing. You are in appeal; ultimately they aren’t the ones making the decision. The content of the EHCP is based on evidence. If the amendments you are proposing are from a report, then ignore the LA. It isn’t just you saying it, is it? Make your amendments to the WD. Reference your evidence. Use any relevant case law. Ignore the LA’s games.

Thank you, this has helped to settle my nerves.

They've converted the original ehcp into a WD and sent it over to the school. I'm not sure if I should highlight to the school that it's information they've seen before or if I should just wait until the la come back with what the response is?

It is a good idea to contact the school. Not necessarily to point out it is the same as the previous consult, but to ensure they have up to date and accurate information. It isn’t uncommon for LA consults to not give the full picture. You should do the same to any other school the LA has consulted or who you suspect they have consulted if they are being evasive.

You can also do the same for any that there is a possibility the LA may consult. It isn’t unheard of for LAs to put a different school on the table last minute. Your case needs to stand up to that possibility and it helps if you have prepared for that to minimise the risk of the hearing being adjourned.

This is @Needlenardlenoo. I got logged out and can't remember my password. Anyway, hope we're all doing all right.

Hello, I've been quiet for a while as the whole process towards getting EOTAS agreed has been slow. Anyway, we put in the proposal, all sounded positive (the hospital outreach received notification it was agreed in principle so we thought all good). I've just received this from our case worker - obviously I have lots of questions but am I right in being concerned this is a copout? DS managed a grand total of 1 in person lesson in a whole term so he's not going to be able to get into school at all, despite wanting to. Part of the issue is the disconnect between want he wants to do and what is right for him/he can cope with. Any advice on how to respond?

"Panel have asked me to discuss the option of flex schooling for XXX in light of the fact he wants to attend his current school but is unable to due to anxiety.

Panel feel that a flexi-school option may be best suited. Panel like to take this approach as it gives XXX a better opportunity to return to a school setting and he will receive all benefits from being under a school setting including being able to sit examinations. The flexi-schooling is bespoke and means XXX can attend school part time but he will also receive off site provision. This off-site provision can be online or in person.

Therefore, we will be looking at continuing to name (current school) for his placement, as well as looking into tuition for the remaining hours.

Happy to discuss further if required. Please let me have your thoughts."

@LittlePickleHead They are fobbing you off.

If DS is to not attend the school, the school should not be named in section I.

DS wanting to attend but not being able to doesn’t mean the test for EOTAS/EOTIS isn’t met.

EOTAS/EOTIS now doesn’t mean DS can’t return to a school setting at a later date. Remaining on the roll of the current school doesn’t give a better opportunity to return.

DC with EOTAS/EOTIS can sit exams.

While it is possible for AP to be made part-time or a school to be named in section I and the child attend part time with other provision, the provision it is inappropriate to be made in a school, made otherwise than in school part-time, I would be careful with the term flexi-schooling. LAs and schools usually associate the term flexi-schooling with parents making the provision for the time DC don’t attend school and it being at the discretion of the HT. You do not want to confuse matters.

Thanks @KeepItSpinning I've gone back with a (hopefully) robust response. It's so frustrating to have this fob off so late on in the process after we had essentially been told EOTAS was agreed in principle. I've said I am open to working with them to negotiate a package that we can both agree on. Bit nervous if they push flexi-schooling we'll end up at tribunal, but given neither us as parents nor the school are agreeing to this I don't see how they can do that?

@LittlePickleHead It is all in the detail.

The LA can’t force you into an arrangement whereby DS attends school part-time and you make arrangements for the time DS isn’t in school. This is what LAs and school often mean when they use the term flexi-schooling.

The LA can finalise the EHCP with the content covering DS attending a school part-time and provision off-site part-time, with the LA being responsible for that provision. The LA does not need your permission or agreement to finalise. They don’t need the permission of a non-wholly independent school either.

Afternoon all! Tribunal is next week- The LA contact was off last week and asked me to send my most recent working document to her with a view to agreeing before tribunal. We won't be agreeing.... Is it likely that they will send an updated version of the working document before tribunal? I am just going through my paperwork but it seems a bit pointless to go through all the outstanding areas if they are likely to send a new version on the day!
Also - do I need to send the latest version to tribunal or will LA do that?

Sorry for all the questions, hopefully this will all be resolved soon.

@KeepItSpinning 2 weeks later and we have the document through with the school we wanted named. Done!

@NameChangeForSENrelated Hurrah!

@handmademitlove the WD can continue to be worked on up to the hearing. (And sometimes parties are sent away during the hearing to work on the outstanding disputed content together.) LAs sometimes agree some of the outstanding disputed content or concede the whole appeal right up to the hearing and even during it. To give you two examples from appeals from my DC, at one of our content appeals for DS1, the LA’s barrister turned up late to the hearing and conceded, and the most recent appeal for DS2 saw agreement to large parts the afternoon before the hearing.

If you and the LA are still working on the WD and SENDIST doesn’t have the newest version, I would ensure they have the most up to date version by the day before at the latest. Don’t rely on the LA sending it. If you need to send an updated WD late in the day or even on the morning of the hearing, email the latest version marked urgent alongside the usual subject line. Then, when you register, raise it with the clerk to make sure the judge has the updated version.

@KeepItSpinning thank you, that is really helpful. I am still expecting them to concede at the last minute - I sent the most recent version back with a few notes. Still waiting on a reply but perhaps as I have made it clear that until they do a proper assessment I will not agree, they have decided to see what the judge says... 🙄

Hi, my daughter is currently in a mainstream school with a ehcp with 35 hours, due to start year 1 in September, we have done the ehcp review in January and I’m waiting for this to be finalised. It currently says issue plan date - testing? Does anyone know what this means? I have spoken to the ehcp caseworker and said she needs to be in a autism specialist school in September and stated a lot of reasons why my daughter won’t cope in year 1-6 at a mainstream school, she can bearly cope in reception class which is play based and half the amount of children. She told me that we need to wait for the ehcp review to finalise then she will start the process of trying to get specialist place. Does the testing mean they are going straight on to checking if a specialist place is needed or is this still part of waiting for her ehcp review?

She told me that we need to wait for the ehcp review to finalise then she will start the process of trying to get specialist place.

Consultations should take place during the review process. When you get/got (you should have received it by now) the amendment notice, the LA must give you at least 15 days to make representations and state your preferred placement. If the LA finalise without naming your preference, you should appeal rather than rely on the LA then looking for a SS.

It sounds like they haven’t inputted the date correctly.

Does this still include if I agreed with mainstream at the time of the ehcp review taking place and after being submitted? She is in foundation at the moment, play based, small class, outdoor play area, sensory room for only her, only doing 2.5 hours a day, so I didn’t really think of year 1 at the time of review. But year 1 none of that will be available and it won’t work. How long does it usually take from the review to having it finalised?

The review meeting is only part of the AR process.

Within 4 weeks of the meeting, the LA must inform you if they are going to amend or not. If they aren’t going to amend, you get the right of appeal at this point. If they are going to amend, they must issue the amendment notice at the same time. Then they must finalise within a further 8 weeks, so 12 weeks max. At this point, you get the right of appeal.

Even if you agreed with MS at the review meeting, you can change your mind when you get the amendment notice that must be issued within 4 weeks of the review meeting if the LA is going to amend.

Hi, I would really appreciate some advice as I’m stuck on this.

My daughter is in Y5, autistic, academically able, and currently in mainstream without an EHCP. Primary didn’t think she’d meet criteria, but the SENDCo at her allocated secondary has suggested applying to support transition.

She already has a place there (catchment + sibling attends) and it’s our best local option. They’ve been positive and mentioned things like early entry and access to quieter spaces.

She:

• Appears to cope in familiar settings but then gets overwhelmed
• Has big, loud meltdowns that draw negative attention from peers
• Needs a quiet, safe space to decompress
• Needs support with social understanding and boundaries
• Struggles to ask for help, especially with unfamiliar adults

She engages well at primary, but outside of that she won’t speak to people she doesn’t know well (even extended family). In play therapy and SEN groups she didn’t engage or speak, and during assessment she wrote answers rather than speaking.

The school have said an EHCP would help them prioritise transition support, as those with EHCPs get priority.

I’m unsure whether to apply. I can see the benefit, but also worried whether it could backfire in any way, e.g. could they then say they can’t meet her needs and refuse her a place? Vs not applying and risking her struggling without enough support.

Has anyone been in a similar position?

Yes, I have been in that position.

Applied October year 5. Got the EHCP June of year 6. DD already had the school place. It was changed to an EHCP one quite easily. From the school's point of view it's the same child - but now they come with some money!

If you apply for an EHCP now it's pretty unlikely (although not impossible) that it would come through before October when you have to apply for secondary.

I'd go for it if I were you. The IPSEA website has the info you need.

Thank you that’s really helpful, it’s now gone over 12 weeks from my review meeting and the only contact I’ve had from them was at 7 weeks saying they are waiting for the paperwork to be processed due to current capacity issues and that was only because I contacted them to say her mainstream school won’t meet her needs and she needs a specialist setting.

@AnonMam I agree with @Phineyj, request an EHCNA. Appeal if refused. Unfortunately, some schools incorrectly tell parents their DC doesn’t need or won’t get an EHCP. From your post, DD needs an EHCP. This is going to be even more the case as she moves through secondary.

With EHCPs, there are limited reasons the LA can rely on to refuse to name your preferred placement.

@Curlycookie5 chase the LA. Email the Director of Children’s Services. If that doesn’t work, you need a pre-action letter.

Please can I jump on the thread for some advice with ECHNA. I’m sure this info is already on one of the threads somewhere, apologies.

Where it says, what are your reasons for believing needs cannot be met within resources ordinarily available etc. I have some evidence of EBSA, high levels of distress at home, avoidant behaviour in learning setting, repetitive play and refusual to move on, exacerbation of issues with eating, toileting, dressing, leaving the house, needing 1-1 help to get started on tasks, reduced attention with prolonged sitting.

do you reckon this is enough?

I would bullet point all those and then write a few sentences about each one explaining your evidence.

IPSEA has good resources on their website.

There is a presumption that "ordinarily available provision" is consistent everywhere but all of us involved in this know that's not true and it varies wildly!

So I feel you are entitled to work from the assumption that whatever your school does is OAP and then explain all the ways it's falling down.