Refusal to assess. Have an EHCP instead.

[NoHaudinMaWheest]

I applied for an assessment of SEN for dd. Her mobility problems spread to her arms particularly her right which meant she couldn't propel her manual wheelchair and had lots of difficulty with writing and practical subjects. While I was at it I threw in her dyslexia which has not really been properly addressed or reassessed since she was diagnosed 4 yrs ago.

LA tried to tell me they would assess her for a EHCP but on IPSEA's advice I wrote back insisting that I wanted her assessed for a SSEN. However school said that I ought to start assessment for an EHCP too as it should get help more quickly. School insist that they don't have the staff to give her the help she needs. She gets round to classes with an ad hoc rota of TAs. They aren't supposed to take her to art, music, drama or DT but she insists that they do.

On Saturday I got a refusal to assess notice from the LA. They suggest I apply for assessment for a EHCP instead. They say they have received no information from the school.

I feel that I may have messed up by not sending in letters from profs who have seen her. The problem is that they all relate to before her arm problems began and that is the reason she needs the help. I did ask physio and GP but was told LA would contact them. LA obviously haven't.

Not sure where to go from here. Do I go to tribunal or do I just accept the EHCP?

Sorry dd is 14 and yr9.

Go to Tribunal re the LAs current refusal to assess. Use IPSEA's website which is www.ipsea.org.uk because that has their refusal to assess pack on it.

I would also chat to IPSEA as well about this matter, they now have a callback service.

Have you got their recommendation for applying for an EHCP in writing?

Star yes

EHCP has not legal status. That may be why the LA is keen. Stick out for SSEN. They will concede. Press for an accelerated hearing. The fact they dont have any inform from school is their problem not yours. Have they asked?

What Nigel said. They can't refuse on the basis of not having evidence (I know that takes a bit of getting around in your head).

However, the test is whether or not a child 'probably' needs a statement, and if they are suggesting an EHCP, then they have admitted this. I know tribunal etc. is daunting and I know that you could absolutely do without the stress or hassle or worry of it, but I would expect you to get a lot of help from IPSEA tbh and a caseworker.

Absolutely appeal will be faster than starting again. Put the letter suggested you go for EHCP in with appeal shows how ridiculous the LA is being. Is some info on specialneedsjungle about this today includes letter from DFE you could also refer to which says LA cannot make people use new process before sept.
Look at IPSEA refusal to assess pack. Not having enough info is a reason to do the assessment, not a reason not to do it. the only reason not to assess is if LA know what all the needs are and is sure all of needs are already being fully met.

I am sure that LA are trying not to do any more statements. The letter in response to my initial request said they would assess for EHCP and I wrote back to insist that I wanted as statement. That letter was not acknowledged. SENCO said she had been told that LA were not doing statements any more and she should do EHCP. I did work on the referring form with her while saying I was still applying for a statement. I expect that is why LA received nothing from the school regarding a statement.
Letter from LA acknowledges dd's mobility difficulties but says school can meet them from their resources. School says they can't which is why I am doing the statement application.
I think if I appeal the LA might fold before a hearing. Dd's needs are actually pretty straightforward and can't really be disputed.

I have a meeting with LA officer and SENCO tomorrow. I expect this is to browbeat me into accepting a EHCP. So lots of virtual support to help me stand firm appreciated.

I think you've got a massively strong case here, NoHaudinMaWheest.

Can you email the SENCO - a 'puzzled' email to clarify that they can't meet these needs from within their own budget, because you have a letter from the LA saying that they must do so. Say that there's obviously some crossed wires and you need to understand what you need to do to get DD the support she very clearly needs?

I think if you had something in writing from the LA and something in writing from the school, both pointing the finger at each other, then the Tribunal would find it very easy to reach a decision.

I actually like the EHCP format; it focuses on outcomes and how these will be achieved (eg By age 16, XX will be able to travel to school and his social club independently, order food in a cafe or by telephone, be prepared for, and have experience of, attending interviews...off the top of my head, obviously these would be different for every child!!) rather than assuming that an unqualified TA 'supporting' for a given number of hours is the way to go, and it incorporates health and care needs in the same format. All statements will be being converted in any case (I think within 2 - 2.5 years) so why not accept the EHCP? I'm waiting for EHCPs in my area before making a parental request because I want people charged with supporting my son judged against outcomes ....and for me tha is the massive advanteg of the EHCP format.

Meeting with LA and SENCO today.
She agreed immediately that I had a right to request a statement up until 1 September. So I think I established that she is dealing with a goose not a push over.

School had submitted loads of info along with a request to LA to ask if they wanted any more. LA lost it and didn't contact any proffs. So as she admitted they had refused to assess based on lack of information not because they consider dd's needs didn't meet threshhold.

They want to assess using their new format prepared for the EHCP and if as a result of that her needs are high enough may issue statement. I will go with that assessment but have also said that I intend to start appeal process to ensure that I don't run out of time if nothing else.

More generally she said that only those with the most severe and complex needs or who needed a special school would qualify for a EHCP. Everyone else would have a local plan and schools could apply for high needs top-up funding if they thought they needed it. Of course top-up funding is from a small pot and though reviewed annually is not guaranteed. The only appeal is a LA internal one.

So in spite of all the persuasive rhetoric I don't believe it is better for those who would qualify for a statement now but won't under EHCP. I don't think it is really better for those on SA or SA+ either. They may get more meetings but are unlikely to get any more funding.

They are talking rubbish in saying that EHCPs are only for severe and complex needs. The criteria are essentially the same as they are for statements.

That's interesting because she was very definite about it and SENCO had obviously got that message from the LA's training too.

Claire The EHCP format might be good in your area but no two LAs are the same. Also, currently an EHCP doesn't give a right to appeal.

NHMW You can agree to trial, run an EHCP alongside the statement and be happy to transfer over from Sept (with right of appeal) but if they agree only to a an EHCP now, you'll need to appeal refusal to assess for a statement.

Claire, Incidentally, HOW woukd you ever reconcile the difference between parental expectations of outcomes for a child with ASD for example?

I expect DS to get a full set of GCSEs but the profs are certain he's not capable.

I know that the difference between our expectations are resources and lack of expertise in teaching someone like him.

I may be paranoid, but, I think it is fundamentally incorrect to think that statements will be 'converted' into EHCP. I think that all DC with statements in m/s will lose them at a forthcoming AR. My LA is introducing what they call School Plus where the school provide 10K (6K + assumed 4K AWPU) and the LA provide 3 bands of top up funding depending on severity and goes up to 'severe and complex' without the need for the DC to ever become statutory.

The EHCP budget will remain the same as currently but the term will be increased to 25. The budget would need to be increased significantly for this extension to apply to all those with statements now. The only way to do this is for the budget to be spread between fewer recipients. Nobody could disagree that the need of DC currently in ss and highly unlikely to ever live independent of a high level of support are the most 'deserving'.

Keep the message I got was certainly in accord with what you say.

We are effectively running both schemes at once. LA have said that if at the end of the ECHP assessment process she meets the criteria for statement assessment they will agree to assess her. I am starting tribunal proceedings now so that they can't drag out assessment for EHCP so that I am out of time.

Dd is more than capable of GCSEs, A levels, university and that isn't really in dispute. All I want is adaptations to enable to profit from and participate in her education and an assurance that they will be there for as long as she needs them.

I got the impression that the EHCP is a tri-partite initiative, so the main focus would be on two groups of people:

-those who go to special schools (not including units attached to mainstream) because they have to have an EHCP to go there.

-those who have complex needs, including health and care needs.

Keep is spot on that with the change to a cost-based analysis of need, a child could need a £25k package and still not get a statutory document such as an EHCP (when it becomes so).

OK no one will believe this but FWIW....so as you know I am employed by an LA - which is not a nasty one - and we were briefed that we are having an extra 200 days a year of ed psych time for the next few years specifically to convert all statements at transition times to EHCPs. Not that any would not be converted. We were also specifically told that the majority of children on EHCPs may not have health or social care needs, and that educational needs were the only pre-requisite for an EHCP. We were also informed that threshold remains the same as for statementing.

That's great Claire, but presumably you don't work in this LA?: democracy.wirral.gov.uk/documents/s50017622/Report%202%20Appendix%201.pdf

OMG - I've finally managed to download the pdf and am reading it with my mouth hanging open not a pretty sight

Are they really saying that to cut their transport budget, Wirral need to reduce the number of Statemented children?

Claire - I take it that your LA won't be using the services of a certain 3rd party Statement writing service - who are busy advertising on their website that they are offering services to convert Statements to EHCPs by their own (freelance) Statement writers (who will have never met any of the children). These Statement writers could be anyone without any qualifications/experience whatsoever in SEN - apart from the ability to write English.

TOWIE - No they won't! They have a statement-writing specialist team. I am not in Wirral :)

I work in another borough. We're planning to convert all ssen to ehcp at key stage transition points to make it manageable and logical but hit timeframes. The bar is the same, the format is outcome driven and the biggie is that health services are bein forced to do a local offer and getting funding for the first time. Hopefully to impact on the issue of nerve having salt/ot etc present at review. Our budget cuts are in mainstream schools block funding,previously schools got 25 hours funding for a 25 hr ssen, now they get the part over 18hrs. So for a 20hr ssen they get 2hrs additional, plus the formula is adjusted so it doesn't really appear in other parts of the budget. My budget went from 80k to 3k, yet due to low pupil premium our overall budget is down 6 percent

Being forced to do a local offer doesn't mean anything in reality though.

It's just a menu of what is available and has nothing to do with actual need. Also, statements SHOULD be mostly about cheap/free adaptations, not how many hours you get to farm your child with SEN out to a nice lady with no teaching skill.

It's a step for our borough.

To be honest I'm having a career change this summer as its all soul destroying, I used to meet needs but the impossible under these cuts can't be performed. All I've done really is manage expectations in the last year and I'm out. I basically have two additional adults and a shoe box to work with...