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]

Thank you for this. I think the school is failing him as he doesn’t even have an IEP. Despite them having clinic reports from OT and a pediatrician, both outline clear needs and recommendations.

I don’t know if I can argue that they don’t have the means to meet his needs based on their failure to try? The SENCO doesn’t reply to my emails and it’s left to the class teacher to do her best.

@christmasoverwhelm do you mean as part of giving your views before the LA agree to undertake an EHCNA? If so, the bar is low. You only have to show DC a) has or may have SEN, and b) may need special educational provision to be made via an EHCP. You don’t have to prove that DC definitely needs an EHCP. So, yes, mention everything you have posted and reference your evidence. It is also possible to show DC needs assessment so that needs and the provision required are understood. And just so you know, you don’t have to use the LA’s form.

Do you mean giving your views during the EHCNA? If so, you need to show it is necessary for an EHCP to be made and maintained. There are different ways you can do that. Look at if DC’s needs can be met through provision from the resources normally available to a mainstream school (looking wider than just at your current school) and will they actually be met. So, yes, mention what you have posted and reference your evidence.

Ok thank you, very helpful. Yes this is requesting an ECHNA. They’ve sent me 5 different things to fill in and send back. I’ve erred on the side of caution and given a lot of detail.

If this is an EHCNA request, you can use IPSEA’s model letter. SOSSEN have one too if you would prefer. You don’t need to use the LA’s forms if you don’t want to.

When sharing your/DS’s views, wishes and aspirations think about things like DS’s likes/dislikes, what makes DS happy, strengths/needs, what support is already in place, what has previously been tried, what worked/didn’t work, what is needed but unable to be delivered, what is important to DS/you and what is important for DS now and in the future, how DS communicates/how others communicate with him, aspirations, what you think DS needs, and any other important history or circumstances.

Thanks so much. Yes that all seems to be covered in the docs they sent. I have enough clinical evidence for sure, and am filling everything else out in detail. Aiming to get my child to write/ draw their input, if they agree!

My main concern for rejection is the fact the SENCO has not engaged with me, not replied to emails, not acknowledged receipt of clinical reports and hasn’t made an IEP for my child.

@christmasoverwhelm are you filling in an LA form? You don't have to.

Template letter 1: asking for an EHC needs assessment https://share.google/lsOigBE6lQ1pPYYp4

You can get an EHCP even if the school isn’t supportive.

Tribunal done. A frustrating process, as they dived straight into "lets go through all the outstanding issues" without giving me a chance to say the main issues was not in the working document, but in the fact that they hadn't done an OT assessment. At one point the LA did suggest that if I really wanted specified and detailed provision, I could get my own assessment done and they would think about it.... but the gist of the LA response seemed to be "an OT assessment isn't necessary" but also "the identified needs are too complicated and we don't know what provision to make so we haven't made any"....

I am not really holding out much hope, as I didn't get a chance to specifically ask them to assess properly, but I guess we are no worse off.

Now the wait begins.

Well done @handmademitlove.

the main issues was not in the working document, but in the fact that they hadn't done an OT assessment

Unfortunately, a BF hearing looks at the outstanding disputed content rather than the inadequacy of the NA. Although the subsequent Orders sometimes mention the LA’s failure during the NA. This is why many look at independent assessments (either funded themselves, charity funded, or via the legal help system) or ask SENDIST to direct the LA to seek advice and information earlier in the process (which SENDIST may or may not agree to do, and the advice and information may or may not be good).

@KeepItSpinning yes, which is why I didn't bother to ask SENDIST to direct. The LA said if we had a NHS referral then they would reconsider, but ultimately I think she is just so "uncommon in presentation" that it was a lottery if anyone would be able to really get it. Her OT did eventually, but she said that it would be hard for anyone to understand the depth of the issues from reports and that she had to "see it to believe it". She is yr12 now, so we are working hard to get her through the next year best we can and looking ahead to dsa etc and picking the right university to support her. Which is a whole new ball game, having been there before!

If DD has an OT, did you not have evidence from them? And potentially have them as a witness?

With DD2, I found DSA to be much more supportive and less adversarial than the EHCP process.

The OT provided a couple of reports but as it was an NHS OT, they were clinical, although she did provide some information to share with school. So there was evidence that she needs OT provision, but not written in a specified / detailed / quantified way for an EHCP. As the report was only sent two weeks ago, I didn't ask about her being a witness as I assumed the LA wouldn't argue the content of an NHS OT.

We will continue as we are currently doing, but school will struggle if they don't tighten up the provision as they don't really know what to do with her. I guess the Sendco will probably point that out at the annual review.

If you had the OT’s reports as evidence, SENDIST will consider them, so even if they weren’t detailed, specified and quantified, they will be considered and helpful.

Update regarding our situation:

I have signed a consent form with the LA for B, F & I. It was sent over to the tribunal - currently awaiting for a response.

However, alarmingly I've received an email from another school informing me about a consultation with them.

Is this allowed?! I am beginning to panic. If the agreement is signed by both myself and LA and is currently with the tribunal - can they then go back on their word and make changes?

Thank you for your advice 🙏

The LA shouldn’t.

Be aware even though you and the LA have agreed, it isn’t 100% guaranteed that SENDIST will agree to sign off on a consent order. In the vast majority of cases, they do, but it isn’t guaranteed.

When was the last time consultation sent? It may have been a while ago. Before you reached agreement.

Thank you for letting me know, that's interesting. I really hope that doesn't apply to my case though! :( although with the way the entire situation has played out, it wouldn't surprise me.

The LA sent the consent form to the Tribunal (without the send46? Form on the day of response) without ever responding to the appeal. Does this change things at all? I guess technically they've conceded? - without ever actually saying they have.

I'm currently asking the school when they were consulted with..

If the LA concedes before their response, it is classed as an unopposed appeal. The notification from the LA to SENDIST concludes the appeal, and the clock starts ticking for the LA to carry out the required actions. It follows a slightly different process to cases where the LA concedes after responding to the appeal.

Whereas, when LAs concede after the response, it needs to be via consent order. You and the LA complete the draft consent order and it is sent to SENDIST to sign off (or not). Technically, in theory, they can try to go back on their word up to when SENDIST issues the Order. However, in practice, they should not; if they try to, it can be raised with SENDIST.

So a kind of update, please can you tell me if this is right? the review date has changed on portal to next year, I haven’t received the renewed ehcp yet but they have sent forms to school for different people to fill out so it can be put to panel for specialist schools. Considering she told me it would take 3 months for this surely I would receive a updated ehcp in the meantime or is it they are going to panel for the specialist school place first so they can decide which one can be put on the ehcp?

What should happen following the review meeting is:
Within 2 weeks of the AR meeting, the school should circulate a report.
Within 4 weeks of the AR meeting, the LA must inform you if they propose to amend or not. If they are, they must send the amendment notice/draft/notice of amendment/proposed amendments (whatever the LA/you want to call it) at the same time and you must be given at least 15 days to comment on the amendments and state your preferred placement, and then the LA must finalise within a further 8 weeks.

If this hasn’t happened, you need to chase the LA. I would also start to look for someone with capacity to write a pre-action letter in case chasing doesn’t work.

Then the next review will be next year.

Hi all, hope everyone is doing well. Following the tribunal in Jan, DD’s EHCP funding has now been increased to reflect the additional provision.

Annual review is next month and I just had a few questions. Is it true that if I want to request a change of placement, DD has to be reviewed by the LA EP first (the one attached to school)? I didn’t think so, but that’s what school have said.

Technically, school (mainstream) can meet needs and deliver section F provision, not via the main classroom but via the unofficial provision room. DD currently spends most of her day in this room and next year will be spending 100% of the day in here.

LA EP said to school that I’d have a stronger case for special school if we hold an early review next year and I wait for the EP to review DD during term 1 of Year 1 as by then her day will be vastly different from Year 1 peers (most of it already is though). DD is currently in reception.

For various reasons, I don’t always trust what the LA EP team say.

I’m 99% sure that I’d have to appeal to get a chance of parental preference special school (maintained, out of area) being named, as I’ve visited twice and they said 9 times out of 10 they can meet needs but they are ‘full’ but children are getting a place via tribunal. The HT said until now, the school ‘never win’ at tribunal when they say they’re full.

I was planning to register an appeal as soon as I have the right to do so as I’m conscious of time and didn’t want to waste 6/7 months waiting for an early review only to have to go through the appeal process then anyway.

But not sure what to do as not sure if my case is strong enough at the moment without changes to B and F, I will probably need to get an independent report done but nothing confirmed yet.

Is it true that if I want to request a change of placement, DD has to be reviewed by the LA EP first (the one attached to school)?

No.

I was planning to register an appeal as soon as I have the right to do so as I’m conscious of time and didn’t want to waste 6/7 months waiting for an early review only to have to go through the appeal process then anyway.

If you want a change of placement, this is what I would do. You should appeal B&F as well. You can start to gather more evidence and that can continue even after you submit an appeal.

@KeepItSpinning Thank you for confirming, I thought as much.

From September, DD will have no opportunities for whole class integration with Y1 peers, no direct input from a qualified teacher (provision room is staffed by TAs), she’ll be unable to access any of the National Curriculum - does any of this help my case for a special school? Or does this not matter and it’s only what’s in Section F that matters?

I will definitely appeal B and F as well and say I’m in the process of commissioning additional evidence.

I would be careful about when you tell the LA you are getting independent assessments. If you give them advance notice, the LA may try to get in there first. Some testing can only be done once within specific time periods.

The placement named in I is the logical conclusion of B&F. B + F = I. Not spending any time in class, not receiving teaching by a teacher, etc. should all be considered as part of the case, during assessments, when proposing amendments to B&F, etc.

So we’ve heard back from the LA after both myself and the school went back and said that there is no evidence that DS can practically access flexi schooling and his needs can’t be met.

the decision is still flexi school, but they have said they will continue to fund his current provision at HOP as they work to reintegrate him. I didn’t realise they could do this as HOP always said the provision is for young people without EHCPs. My concern about this is it’s a temporary intervention that he’s likely to need to access for an extended time. He currently has 12 hours of tuition online (maths English and science only), an hour of in person mentoring and 2.5 hours in person club each week, so this is not meeting the definition of full time education. He also has no physical activity (which I’m struggling with as he’s autistic and adverse to it so is putting on weight). I have already asked to make this specified in section F alongside other amendments which haven’t been incorporated into the draft yet.

the LA is seeking to finalise and issue ASAP so I’ve asked for section F to clearly quantify the house and the activity and specifically the role of HOP vs the school but I’m worried they will come back without those changes and I’ll have to appeal.

the one good thing is DS is happy and settled and has been making progress with the in person elements (I had to stay completely to begin with and now I drop him off for both) so this isn’t a terrible solution, but with the woolly wording we currently have there’s nothing to say that we can build on this to support him.

any advice on what next? I’ve asked HOP and the school for a conversation with no response, though they have asked the LA for a call so I can guess they are not supportive of this.

When the LA finalise, you will need to appeal.

There is so much more to a proper EHCP than core subject tuition, mentoring and a club.

Physical activity should be included in F. However, even if it isn’t, DS would still be entitled to it. It is part of a broad and balanced curriculum required under section 19 of the Education Act 1996.

Providers must not be named in F.
If there is to be a dual placement or some provision to be made in a school and some otherwise than in/at school, that does need to be explicit in F, but not provider names.

HOP can cover DC with EHCPs too, but that solution doesn’t sound right for DS. If DS isn’t to attend the mainstream school, the school should not be named in I.