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]

Same point at which we're at. Was it the LA EP's report you're referring to? I would suggest spending any money on additional evidence if you think it's needed (eg private EP, OT, SALT assessments), rather than representation.

The whole process can be really disheartening. It's really hard not to take things personally, but just remember that you know your child and the situation best.

Sorry just adding to the above - they have sent through the draft already. I thought it might take a while at least! Each section is just copied from the EP report - is this normal? I feel so out of my depth with this. Do you think it’s worth contacting SENDIASS for help or even a specialist who advises on EHCP’s?

They also said I need to state my preference for school within the next 15 days which is stressing me out no end as we’ve not even had a chance to research at all. I have no idea how I’m going to shortlist, visit and make a decision within the next 15 days 🥴

@Robotindisguise take a breath. You can do this. That type of response from the LA is normal. Easier said than done, but try not to let it get to you. It is part of the process. Don’t withdraw the appeal. That is what the LA wants. To reassure you, you don’t need representation. Although, of course, you can choose to if you want. @Namechange857 is right; if it is a choice between independent assessments and representation, you must choose the independent assessments. The best representation in the world can only work with the evidence available.

@Namechange857, a good independent EP report is a world away from 99.9% of LA reports. Unfortunately, it is impossible to tell if the LA is going to concede. Even if the LA will concede, the CMR won’t automatically make them do it then.

@Leafywool great news on the agreement to issue.

The LA is being slightly disingenuous. They must give you at least 15 days to make representations. It isn’t a legal maximum. You can request longer. Be aware, not all schools will allow you to visit before being approached by the LA and some not until named. Do you know how to look at all the options, or do you need me to link to the government search page?

You need to state which placement, if any, you wish to be named in section I of the EHCP. That should be the placement DD will attend for at least the next year (but realistically you should look further ahead, particularly because of waits for Tribunal).

You can go through the draft yourself. Go through all the evidence (it shouldn’t just be C&P from the EP report), which should all be in K, with a fine toothcomb and highlighters.

Highlight all DD’s special educational needs in one colour and then all the provision to meet the needs in another colour. Each need should have corresponding provision.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F.

Make a note of anything the LA has omitted from the draft, any needs without corresponding provision, any woolly and vague wording, anything the reports have failed to include, and any reports the LA has failed to include.

When you go through F, look out for vague and woolly wording. For example, “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 group”. Provision must be detailed, specified and quantified, otherwise the EHCP isn’t worth the paper it is written on and cannot be enforced.

When (it is a matter of when, not if) you find vague and woolly wording, check the reports to see if they are woolly and vague or whether the LA has watered down provision. If the reports are vague and woolly, ask the LA to go back to the report writers to make the reports detailed, specified and quantified. If the LA has watered down provision, request the LA stick to the wording in the reports.

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

May I please just confirm that it’s your preference for DD to remain at [current school] while accessing MNHES

If DD is to not attend the current school, it should not be named in section I. Besides, the education provided by MNHES is not sufficient on its own.

Thank you so much @KeepItSpinning - I really appreciate you taking the time with such a detailed response.

I am going to email the caseworker and request an extension on the 15 days, considering the fact we only received the EP report yesterday and need to research where could potentially meet the needs outlined in the report. I’ll also ask which placements they will be consulting with as that may give an indication of where to start with shortlisting at our end. Then go through the report and highlight as you have recommended! Thank you so much.

@Leafywool don’t rely on where the LA will be consulting. They are unlikely to consult the more expensive options off their own bat even if the cheaper options aren’t appropriate.

I also wouldn’t just rely on looking at a placement which can meet the needs EP outlined in the EP report. Firstly, there should be more than just the EP report informing the EHCP. There should be other reports. Secondly, even good LA EP reports are often lacking somewhat.

@KeepItSpinning I’ve also done my own independent research and have contacted 4 schools this afternoon, so will be interesting to see where they are consulting.

The LA have only instructed an Educational Psychologist report. We don’t have any other professionals involved (on a lengthy waiting list for CAMHS, and the only other professional report we have is from DD’s autism assessment in 2024). Should there be more that an EP report? How do I find out? I have nothing to compare it to but I did find the EP to be great and really understood DD’s needs so I can’t think of anything he’s missed in the report thankfully.

It sounds like the NA was poor. Unfortunately, that means the EHCP is likely to be too. From your posts, DD needs OT, SALT and CP advice too. The CAMHS waiting lists aren’t relevant to the EHCNA timescales.

During the EHCNA, the LA should have sought advice from:
a) the child’s parent or the young person;
b) educational advice (usually from the headteacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

The evidence used to inform the EHCP should be listed in section K.

I would look at the EP report again. It is extremely rare for LA EP reports to be great. It is far more common for parents to think the wording is great and not realise it isn’t until they need to enforce the EHCP and realise they can’t because the wording in the EHCP, which is informed by the evidence, is poor.

Thank you @KeepItSpinning I appreciate it! This may be a very stupid question but how would I know if the EP is ‘good’ or not? Do you think it’s worth spending the money on a specialist who helps with reviewing EHCP’s? (If I can even find anyone at this short notice). I feel very out of my depth with it all and the timeline for us to review the draft is very short.

You will need to go through the report. It needs to set out (all with their remit) needs, provision and SMART outcomes. Look for wording that is vague and woolly. For example, look for “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”, “may require”, “as advised”, “could use’, “key adult(s)”, “staff”, “small group”.

You can check the draft yourself, but if you want to find someone choose carefully if you use an advocate. Some are good but there are bad ones as well who do more harm than good.

@Leafywool The provision detailed in the EP report needs to be specific and quantified so that the provision in the EHCP is also (so that it can be legally enforced).

Examples of 'poor' wording in terms of provision would be things like "X should have access to..." ('Should' doesn't mean it's mandatory; 'Access to' doesn't mean that it will be provided for X, just that it's available) "To be delivered by a member of staff" (Could be anyone; needs to state job title and qualifications), "Regularly/frequently" (Needs to be specific in terms of duration and frequency).

Your EP may have been better and more professional than mine, but with hindsight (and from comparing her report to a private EP assessment we have just had done), it is actually completely obvious how she had a predetermined opinion/agenda.

The questions she asked me/DD were actually quite loaded and she was very careful in how she worded her report. It's obvious how she has previously gotten away with that approach without it being challenged and I'm actually quite shocked at how unprofessional she was.

Don't forget you can appeal the contents of the EHCP once finalised (and I would recommend getting private reports done for that if you can).

So, two days (well, 36 hours) before the final evidence deadline, my LA tribunal officer has emailed asking whether our EP report is available. (I had already sent this last Friday together with our OT report to the LA Tribunal inbox as they request is used).

Notwithstanding the missed communication, is this last-minute email indicative of anything? Is it so they can provide a last-minute rebuttal (with 36 hours to go?)

The LA has not provided any additional evidence so far.

@Namechange857 there are lots of possibilities. For example, it could be poor organisation. It could be in preparation for submitting their final (or not so final if they try to submit late evidence) evidence. It could be in preparation of seeking further assessment. It could be they are sorting everything related to the case to send it to outside representation. It could be in preparation of preparing the bundle.

@KeepItSpinning@Namechange857 Thank you both. This thread has been so invaluable for me navigating this whole thing! DH is printing a copy of the EP report and draft EHCP for me today and I’m going to start going through it tonight.

@Namechange857 I didn’t know you could appeal the contents once finalised. That is good to know, thank you. I’ll look into getting private reports done but I’m 99% sure we don’t have the money to pay for it. Thanks again for your help 🙏🏻

It is worth proactively contacting any schools the LA consult or you think the LA may consult even if they aren’t your preference. LA consults are notorious for providing an inaccurate &/or incomplete picture.

Thank you @KeepItSpinning

@Leafywool I agree, these threads are incredibly informative and eye-opening. I have learnt so much.

I received the attached email from my tribunal officer contact this evening. Is this standard? Who does she refer to when she says "the LA"?

So, at 7 this morning, I received an email from our school SENCO in response to the (full, 47-page) EP report that I sent her, with a witness statement for the tribunal.

This SENCO has only been in post for five months and is more experienced and neuro affirming than the previous one. (It was actually her, when she was covering our school for a short while a few years ago, who suggested DD also be assessed for ASD, when my concern at the time was ADHD).

It has been done in consultation with the class teacher (who is supportive and gets DD), but lots have also been paraphrased/lifted from the EP report.

They do seem to be trying to cover their backs. Ie she suggested that they have assessed DD as achieving "age-expected" levels to take into consideration her wider barriers to learning...

The EP was also quite diplomatically scathing with regards to the effects of the "systematic failures to identify and meet DD's needs" so I assume she does not want to address those claims.

But anyway, in contradiction to the original SENCO's statement on the EHCNA application that DD does not require an EHCP, she has categorically stated that DD's needs "far exceed ordinarily available provision."

@Leafywool if you need or appeal the EHCP and can’t afford independent assessments, check if you are eligible for legal aid (from your posts, I suspect not but it is worth checking). The legal help system can fund assessments if necessary. If you aren’t eligible for legal aid, have a look at charity funding.

@Namechange857 it will depend on the LA and the individual case. In some situations, the LA’s Tribunal Officer/Dispute Resolution Officer would make the decision. (Don’t rule this out because of how the email is worded, LAs like to hide behind ‘the LA’.) It could also mean the LA’s high cost/complex case panel, senior leaders or their legal team.

Hello can anyone recommend a private EP, we’ve had a refusal to issue

I am just so frustrated. We've just had the judgement from the tribunal regarding DD's application for an ECHNA. They say that there is no need for an assessment because her needs are clear (she has two disabilities: chronic fatigue syndrome and ASD, both diagnosed) which are affecting her ability to attend school regularly, and is currently attending school for one hour a day on a reduced timetable. She does not have learning needs, she has disability needs. Agree with all of that.

They also say that school are currently meeting that need by allowing DD to have a reduced timetable. I also agree with that.

She is currently on roll at school 6th form, allegedly attending for three A'levels: in practice she is going in just for one subject and is self-teaching / being tutored for the other two at home (because we don't want her to unnecessarily fall behind because she is super smart and academically able, if needing to learn lying down). School have said that they cannot continue doing what we are doing, and are prepared (!) to allow her to attend just for physics but will off-roll her for the other two subjects and won't support with exams at A'level time if she doesn't come in for lessons.

We are not even trying to apply for extra funding at this stage: all we want is for DD to be allowed to attend for the one subject, and for the school to provide the exams at the end of Y13 (so effectively paying for her entry, and be her exam centre).

It can't be that the LA are on their back, given that the LA have said repeatedly and in writing that they understand DD cannot attend school in a normal way, but that the school can meet her educational needs within the normal resources of school.

If school were fighting the LA about that it would be different.

Does anyone have any ideas on what we do next?

Solidarity to all of us: I regularly reflect that in our house we are extremely lucky -- both parents are articulate and willing to engage with all of this and have the energy, capacity and resources to do battle on behalf of our child but OMG it is draining in the extreme. I am so scandalised by how many people are doing battle with a system that is so incredibly draining and frustrating.

@Namechange857 my read is that they are considering going back on their initial decision as they think they won't win. Keep us posted.

@aurpod1980 you could look at Jemma Levy, Vivienne Clifford, Craig Tribe, Nick Palmer, Amanda Furness, Stephanie Warman, Patsy Kershaw, Amelia Mackendrick, Peter Parkhouse, Melanie Hartgill, Katie Hinds, Phillipa Grace, Lyndsey Price.

Some will travel. Some won’t. I have tried to include people in a range of places.

Demand is high so it can take perseverance.

@AprilFlowersMay I’m sorry the Tribunal outcome wasn’t favourable. You need someone who has the capacity to look over the judgement and wider case to see if you have grounds to challenge the Order. Impossible to say without knowing/seeing more about the case, but it sounds like you may have.

Just hopping back on with an update, which I assume is non typical but also positive (I think?!).

after the mistake with the finalised EHCP not containing any of the in person elements DS currently receives I went back and got HOP to agree to continue mentoring and youth club until their was an alternative, and our case worker agreed to get full costs and go back to panel.

in the meantime I spoke to another parent whose son had been at a local AP. At the time of finding a provision we didn’t consider it as we couldn’t even get him through the door, but he’s made so much progress with HOP we decided to have a look.

he actually went, spoke to the (lovely) head teachers, and said he liked it. Long story short, I asked our case worker to put to panel to formally consult, they agreed, he’s been offered and place and now his EHCP is updated with this provision.

it’s only 2.5 days a week but that is fine for him currently.

i still have the mediation in the diary, and there are still some issues with the EHCP in terms of being non specific, but given I’m happy with where he is now placed in not sure it’s worth going through that?

@LittlePickleHead you may think that is fine currently, but what about in 10 months’ time (or even longer with the appeal timescales)? Some make the mistake of only looking at now when you need to consider the future. Otherwise what happens if DS is ready for more in 10 months but you can’t capitalise on it and need to request an early review/wait for the AR, then maybe an appeal?

Plus, you say there are still issues with the EHCP not being specific. If the provision isn’t detailed, specified and quantified in F, it may not be provided and you can’t enforce it.

Also, on its own 2.5 days at an AP is not a proper EOTAS package. It is a bit of AP. A proper EOTAS/EOTIS packages contains so much more. For example, where are the therapies? Even if DS cannot engage with direct provision right now, you need indirect provision.

Personally, I wouldn’t bother with mediation, especially for an EOTAS/EOTIS package. I would just get the certificate and submit to SENDIST.

So it’s actually not EOTAS, it’s still flexi schooling with him on roll at his original school as well as the (named) AP. SALT is specified which the AP is providing. The idea is termly reviews with the school as to when/how they start to provide additional support.

I do get what you’re saying, I guess I don’t know exactly what I’m appealing at the moment? My current thinking is that if the AP goes well it will help DS transfer to 14-16 college at the time which I think will suit him better, and the AP can support with.

how would appealing help make it more flexible to his changing needs?

If DS is to not attend the named school, they should not be named.

When you say the AP is named, where in the EHCP is it named? Is this an AP that is a registered alternative provision school? Most aren’t. And if if is not, it should not be named in section I. The provision should be set out in F (is it?) but the specific provider must not be named in section F either. This is to protect the child as much as anything else. It can be in J.

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.

What about other therapies? SALT alone is not enough.

Who will make the decisions each term? The EHCP shouldn’t leave the decision of future provision to a termly review. How will it be enforceable? How will you be able to appeal if you don’t agree with the decision? Provision shouldn’t be left to future assessment. Termly reviews e.g. MDTs can be included in EHCPs, but not like your LA is suggesting. It shouldn’t be leaving the question of what provision will be provided in the future to the termly reviews.

You can help provision that is flexible and responsive to changing needs including in F.