EHCP process and dealing with EBSA for 2 children at the same time

[MumofMaskers]

I’m looking for advice from anyone who has gone through the EHCP process for two children at the same time, while managing their needs and EBSA. I thought I could handle it with one but now it's both and I am not equipped to deal.

They are both masking at school but struggling significantly at home. We are either in EBSA territory or heading there with both of them (DD7 is on reduced timetable since before Christmas, DS5 now struggling to do full days most days).

They have different presentations but both probably ASD/ADHD and sensory challenges. Both hold it together in school to some degree and then unravel at home. They have big feelings and have both expressed in different ways that they want to die or have tried to hurt themselves, which is very scary at their young ages. My son in particular is exhibiting unsafe behaviours and we had an incident which led to my daughter being harmed and needing to remove all sharp objects in our house a few weeks ago. I am exhausted and often the recipient of his aggression before we get out of the door in the morning.

At the moment I feel like I am juggling SEND paperwork, chasing a small school with a one-day-a-week SENCO, trying to evidence needs that aren’t always visible in class, managing reduced attendance, doing bits of home learning, and regulating two dysregulated children.

Because they aren’t “causing problems” in class, I don’t always feel taken seriously. There’s a constant undertone of “they seem fine here.” Meanwhile I’m picking them up after an hour some days and feeling like I’ve failed at basic parenting and schooling.

We applied for an ECHNA for my daughter before Xmas and had a meeting with the LA a while back, following refusal to assess. On hearing what is happening with my son they said we should start the EHCNA process for him too. I know this is probably right. But I can't get any time with the school to discuss a plan.

Has anyone navigated two EHCP processes at once? How did you manage the admin and advocacy without burning out completely? How did you evidence needs when your children masked in school? Did things get worse before they got better?

I also have moments where I think about home educating just to remove the daily trauma, but realistically I don’t think that’s sustainable for our family long-term, and I worry about losing access to support altogether.

I suppose I’m asking both for practical advice and some reassurance from people further down the line. How do you get through this phase without losing your mind?

Sorry this is long and rambling.

Apologies, I realise you are already appealing refusal to issue.

Yes, really exhausting! He totally got them both though and really listened as I told him absolutely everything I thought was relevant - but it is a lot going through all the history.

That's useful to know re EOTAS - we have appealed, but won't mention it - although if they see his report which we will submit as evidence, then they'll know that's what is recommended?

Yes, it’s not so relevant since you are appealing refusal to issue. It is more relevant when you afe earlier in the process. When I posted earlier, I forgot you were already appealing and saw it when I flicked back on to MN and saw your post about RTI.

Ah that makes sense. So when do you properly request EOTAS - once you have a draft EHCP? Where can you find more about how it works and what evidence is needed? I'm a little overwhelmed, although I know we don't need to do anything yet.

If/when SENDIST Order the LA to issue, with a few exceptions, the LA has 5 weeks to issue a draft and must finalise within 11 weeks of the Order.

When they issue the draft, you can make representations. No doubt about it, amendments will be required. Here, you can propose amendments and make a case for section I to remain blank, referencing your evidence for both.

The content of an EOTAS/EOTIS package should be set out in section F. Section F is provision to meet the needs in B. In turn, the content of B&F is based on the evidence.

So when you get the draft, you can go through the evidence with highlighters. Highlighting all special educational needs in one colour and all special educational provision in another. The former must be in B. All the latter must be in F. Every SEN must have corresponding SEP.

When building a package and responding to the draft, it can help to make a table. Needs from B/what your evidence shows should be in B even if it isn’t in the draft (it can help to break it down into the different areas of needs), provision from F or what provision needs to be included F even if it isn’t in the draft (and any provision that is not in F but is essential for the delivery of the provision in F), provider, cost (one-off/weekly/monthly/termly/yearly), outcome. If you are requesting a personal budget, you can also add a column for how each part of the PB will be paid (direct payments, third party arrangements, commissioned directly). Don’t worry if you aren’t sure about all the details at that point.

And make a list of any provision not in F but is necessary in order for the LA to fulfil their duties under s19.

It can also help to make a mock timetable. It doesn’t have to be 100% accurate. It doesn’t even have to be the finished version. If provision needs to be child-led/self-directed/flexible, that can still be accommodated in a timetable. If provision needs to be built up, you can still make a timetable. This enables you to show it is a considered, organised, reasonable and, importantly, viable plan. You can add references to the draft and evidence to support each provision on the timetable.

This helps so everyone can see the needs, what the provision will look like, how the provision will meet those needs, that there is some kind of future plan going forward beyond the past (too many people get bogged down in focusing on the past). Similar to how a school has an aims and ethos (and sometimes vision) statement, prospectus and SEN information report.

You aren’t responsible for organising provision and you can’t be forced to do it, but many parents find the above helpful. Many have to appeal to secure a comprehensive EOTAS/EOTIS package and the above can be helpful for an appeal, too.

The legal threshold for EOTAS/EOTIS is set out in section 61 of the Children and Families Act 2014. It is when it is inappropriate for provision to be made in a school. There are lots of factors that are considered when looking at if it is inappropriate for provision to be made in a school. It depends on the individual circumstances, so what evidence is needed to prove this also depends on the individual case.

When you get to that stage, you might find it helpful to read some of the case law about or involving EOTAS/EOTIS. There is a lot of it. For example, TM v Hounslow [2009] EWCA Civ 859 says individual circumstances need considering and part of that includes looking at:
“i. the child’s background and medical history;
ii. the particular educational needs of the child;
iii. the facilities that can be provided by a school;
iv. the facilities that could be provided other than in a school;
v. the comparative cost of the possible alternatives to the child’s educational provisions, either at school or elsewhere;
vi. the parents’ wishes (although they are not generally determinative); and
vii. any other particular circumstances that apply to a particular child”

Also, NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC), M v Hertfordshire CC [2019] UKUT 37 (AAC), Derbyshire CC v EM and DM [2019] UKUT 240 (AAC) and AA & BB v Bristol City Council [2023] UKUT 52 (AAC), LB Camden v
KT [2023] UKUT 225 (AAC), R (Moseley) v LB Haringey [2014] UKSC 56, R (JSH) v Westmorland and Furness Council [2024] EWHC, and East Riding of Yorkshire Council v Bowers (SEN) [2026] UKUT 31 (AAC).

A note on terminology. You will see both EOTAS and EOTIS used. You will also sometimes see a C on the end. In the past, EOTAS was the favoured term. Now, some judges at SENDIST have a bee in their bonnet about the vowel, which prompted a change with more using I. ‘In’ is used in section 61 of the Children and Families Act 2014. Whereas ‘At’ is used in the Education Act 1996. It doesn’t really matter, but if you have to appeal, use EOTIS because if you get one of those judges, you don’t want to needlessly annoy them.

IPSEA and SOSSEN have some information on their websites, and SOSSEN has a webinar. The Noddy guide covers some of the legislation and case law. Although there is at least one that I can remember off the top of my head that is more recent than the latest Noddy guide. Asking around locally for other EOTAS/EOTIS families will help. The law is the same in all LAs, but it can help with things like knowing about local APs because not all will be online.

I wouldn’t worry about all this yet, though.