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SEN

Here you'll find advice from parents and teachers on special needs education.

EHCP draft - please advise on my right to request more time to review

9 replies

Laughorbloodycry · Yesterday 00:14

Son diagnosed ASD and ADHD ( I had to pay for assessment as NHS blocked / ex didn't support NHS application). Severe tics now an ongoing problem, mostly in my company I believe, when alone so not being taken as seriously as it should. The things said are too much to cope with because it isn't always a tic. I'm beyond stress with every interaction and don't know how to deal with this behaviour hen we are alone ( teenager and myself).

The school have been the lead on an EHCP ( secondary mainstream).

The speed this has gone through is pretty shocking. I feel very suspicious. It has been so quick I cannot comprehend why. Because, the draft is now available and it looks pointless. It is so woolly and empty of specific important detail, I question why they bothered. In my view, they would desperately love son out because it's non stop detention and non stop resource. There's nothing in there at all about funding or a request for funding.

I have just read the draft and wooly is not the word. I have spent so long writing a parent statement, paying a consultant to check it,.was involved in the meeting to discuss what should go in the draft. My writing is generally good and they've simply used most of my words to fil the draft. The actions however are not ok to me. They are vague, verbose bullshit that says nothing at all.

Here's the problem - I am not resident parent. I have physical health issues which became unmanageable so son lives with father.for secondary school years. I'm doing all the work SEN wise and see son regularly. I asked for father to take on care as resident parent. It was voluntary, I asked for help desperate as was in hospital so much ( with severe physical conditions).

I have been given 15 days to reply to the draft EHCP - I need more time.

My health issues are significant, I recently had a treatment for these illnesses which had severe side effects. I'm managing 4 serious diagnosed conditions.

CAN I SAY I REQUEST MORE TIME?

Second question - my ex is without question alienating my son against me. Direct accusations made to me ref being an abuser ( it's the other way round), being mentally ill. My son is repeating this and is telling me I'm an abuser and this has worsened significant under the care of father and fathers wife - who I believe is hugely influencing this.

I have requested access to son's medical records for obviousl reasons. There are huge issues here emotionally.with him, which I highlighted in the consultation meeting before draft written. His tics are out of control.

There is so much here, I get lied to continually and accused of abuse by ex and my son repeats this belief to me. So I never get answers ref any questions about seeing anyone beyond the GP ( CAMHS).

The doctor surgery has ignored a number of emails from me kindly requesting access to the app to see sons notes.

A phone call Again today ( 3 rd call in a few months on top of email) has made me realise today there's something causing them to suspect I am indeed questionable / safeguarding flag.

I am still not getting clear answers other than told today they're investigating access rights. The shitty reception manager had no time to even write down the name of the lead EHCP caseworker when I explained that we are in an EHCP process, I need to see my own sons medical records. ( We is the wrong word - I'm doing it all ALONE).

I'm being stitched up royally as a mentally ill abuser here, the wife to my ex is absolutely fuelling this and all the pennies have recently dropped. My son is also severely fuelling this. Telling me things directly to say I am an abuser and has made up things I said. ( He has repeated what he has been told by another person, it's very obvious to me).

The stress of this is overwhelming. I can't ever get through on the free advice lines SENDIAS ETC. I am in the poverty bracket now so I can't pay for legal advice.

I don't know what to do and where to go. I'm struggling to cope with each interaction with my child. The behaviour is very difficult to deal with and I feel absolutely broken by the ex, what he and wife in my view are doing. The GP situation is now too much. The school wants you to go away and have themselves spoke to me in a way that makes me feel they are treating me like a hypochondriac. Despite the fact I have been fully involved and virtually wrote this fucking EHCP for them.

Any advice would be welcome.

My priority is more time to review this EHCP draft. 15 days is what they have me.

Next - I don't know if I have the strength to fight this GP situation. My son is going to have great great difficulty in his life and that is guaranteed without someone else having oversight here of what's going on (me). The more I get upset about any of this, the more I feed into every false narrative I see has been dropped somehow.

OP posts:
Laughorbloodycry · Yesterday 09:27

Thank you for that. I need to pause and breathe. There's a great deal going on in this situation and I have to make careful decisions before I speak to anyone else.

I'm unable to care for my son now. I can't manage and am managing significant health challenges. I'm seeing neglect that is deniable really. Other things, manipulation etc, he himself is setting me up via his behaviour - I'm being presented as the abuser which is unbelievable. My own son unfortunately is in my view engaging in abusive patterns to me directly repeating the narrative I can't prove came from the mouth of another particular person if you get my drift.

So I wish to do what I can here for many reasons. There's a trajectory that bothers me immensely here and outcome by adulthood isn't going to be good ( mindset / views / etc) of my son. I do all the leg work and writing/ fighting ref EHCP stuff. The unfairness of this is absolutely soul destroying. How far I keep pushing/ fighting here I don't know. The draft is pointless. The GP is blocking me. I'm going to be the one re writing the EHCP yet I'm apparently a safeguarding risk according to the actions of the GP.

Thank you for reading.

OP posts:
Laughorbloodycry · Yesterday 09:34

The EHCP also referenced a kind caring person. This is absolutely in there in part. It isn't what I'm seeing and experiencing. I'm experiencing awful behaviour. We are always alone. No one's going to listen.

I asked for independent counselling. The Ed psych said that's down to the parents to sort out. Ex will never allow it. Son is copying behaviour I now understand ( physical outbursts) that his dad is doing.

Apologies. I have to process exactly what I can and can't do and say here. Don't suggest safeguarding please because I'm the only one going to be accused here and my son will be worse off in care. Thanks anyone who has got this far!

OP posts:
TheSquareMile · Yesterday 09:36

It does sound as though you need advice from a solicitor, OP.

Try to speak to one next week.

https://solicitors.lawsociety.org.uk/

Laughorbloodycry · Yesterday 09:39

TheSquareMile · Yesterday 09:36

It does sound as though you need advice from a solicitor, OP.

Try to speak to one next week.

https://solicitors.lawsociety.org.uk/

Thanks so much. I appreciate I'm rambling on. This has helped me try process what on earth I do and don't say and disclose to a solicitor.

I appreciate your link and replying. I'm on it 🙏

OP posts:
scoopofmintchocchipicecream · Yesterday 12:26

The LA must give at least 15 days to make representations. You can request longer. Although there’s no guarantee the LA will agree.

Legal aid is not available to help check a draft.

The school doesn’t write the EHCP, so no, you aren’t writing the EHCP for them.

By ‘actions’ do you mean the special educational provision in section FF?

Counselling can be included in the EHCP. However, provision in the EHCP is based on evidence, so if the evidence isn’t there, it won’t be included. The provider of the provision must not be stated in F. It may not be an independent provider.

IIRC from your previous threads, DS is a teen. Therefore, if DS has capacity, it is right that the GP does not disclose data to you unless he has given permission. This is likely what they mean by investigating access rights.

Laughorbloodycry · Yesterday 13:23

scoopofmintchocchipicecream · Yesterday 12:26

The LA must give at least 15 days to make representations. You can request longer. Although there’s no guarantee the LA will agree.

Legal aid is not available to help check a draft.

The school doesn’t write the EHCP, so no, you aren’t writing the EHCP for them.

By ‘actions’ do you mean the special educational provision in section FF?

Counselling can be included in the EHCP. However, provision in the EHCP is based on evidence, so if the evidence isn’t there, it won’t be included. The provider of the provision must not be stated in F. It may not be an independent provider.

IIRC from your previous threads, DS is a teen. Therefore, if DS has capacity, it is right that the GP does not disclose data to you unless he has given permission. This is likely what they mean by investigating access rights.

Hi Scoop, what a great username, it sounds familiar. Have we talked before I'm wondering.....

I virtually have written the contents of the EHCP myself in full detail.

If my teenager has requested I don't have access then I would in respect for him not object to that and will have to accept that.

Unfortunately the things I'm seeing and seeing regularly are pretty distressing. In his best interests, counselling would help him alot. Id hope his current caregivers would feel the same, perhaps, on something so incredibly important.

Thank you again

OP posts:
scoopofmintchocchipicecream · Yesterday 13:32

I have posted on some of your previous threads. I don’t know if any of them were under my current username.

I wasn’t saying you haven’t written most of the content of the draft EHCP. I was saying you haven’t written it for the school. That is because schools don’t write EHCPs.

It isn’t just if DS has requested you don’t have access. It is that express permission is required.

Unfortunately, something being in DS’s best interests doesn’t mean it will be included in the EHCP. There is no legal requirement to provide the best possible provision. Only what is reasonably required and appropriate. Even when something is reasonably required and appropriate, provision in EHCPs is taken from the evidence, so you need evidence.

Laughorbloodycry · Yesterday 13:54

scoopofmintchocchipicecream · Yesterday 13:32

I have posted on some of your previous threads. I don’t know if any of them were under my current username.

I wasn’t saying you haven’t written most of the content of the draft EHCP. I was saying you haven’t written it for the school. That is because schools don’t write EHCPs.

It isn’t just if DS has requested you don’t have access. It is that express permission is required.

Unfortunately, something being in DS’s best interests doesn’t mean it will be included in the EHCP. There is no legal requirement to provide the best possible provision. Only what is reasonably required and appropriate. Even when something is reasonably required and appropriate, provision in EHCPs is taken from the evidence, so you need evidence.

Getting evidence would probably require sinking to the depths of humanity, crossing personal boundaries I'm watching his caregivers do at present.

I don't wish to add more to this by using him as an object to win some 'fight' - in spite of how awful he is being towards me.

I accept I can't save him from what they are doing, what he himself is doing via this EHCP process.

I don't know why they actually bother applying, writing them and issuing them.

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