'Statutory Guidance' for transition to EHCP

[streakybacon]

I've just been sent this which says that 'statutory guidance' for LAs converting statements to EHCP has been downgraded to 'departmental advice'.

Has anyone else seen this and know more about it?

Oh gee!! That is worrying!!

There doesn't seem to be an online version of the new document yet, but admittedly I haven't had time to look for it so far today. Just thought I should flag it up in case other people have time to look into it.

But yes, very worrying, and highlights how unrealistically ambitious the 2014 changes have been .

Oh that is incredibly worrying!

It says on the page that was linked that there is no online version! How the hell are we supposed to keep on top of anything!!

They are such idiots!! They deliberately give LA's free reign to shit all over people

It's worrying that central government place so much trust in LAs and schools to be honourable and act in the interests of the people they are meant to serve.

I'm similarly alarmed by pre-election proposals to give more power to schools. Dear God, how many of our children will be even more damaged if this is allowed? How many times on MNSN do we hear about HTs and their staff just not 'getting' children with SN and knowing how to support them? It's a disaster waiting to happen for kids like ours.

so if there is nothing online how do we get a copy of it then?????

www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCIQFjAA&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F408965%2FSEND_reforms_transitional_advice_March_2015.pdf&ei=CBgEVdWEM-Oz7AbAs4CIAw&usg=AFQjCNEag30gU922mOY-P7ow0lukqkfWPQ&bvm=bv.88198703,d.ZGU

Oh, excellent! Thanks bjk

so its advice for the LA - what about parents - do we no longer count and now should just believe everything the LA say

I think that's the idea, yes .

Can MN start a petition or something?
Or IPSEA?

Actually there must be some all party parliamentary groups - I know there is one on autism.

Ugger is usually a mine of info on this stuff, as well ad Bj

Can I clarify - is this purely for the transition of statements to EHC plans? Because this - www.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf - is still available and it's still statutory.

Thanks

Yes, just for transition to EHCP.

I'm not sure whether this is anything more than a matter of wording, because the law is as set out in the transition regulations which the guidance links to, and that hasn't changed. They're basically explaining how the law works. I wonder whether this might be just a legal technicality? Is it the case that, to be statutory guidance, it needs to be something which is authorised under the regulations themselves?

Sorry I'm a bit of a lurker after some advice. My ds has a statement and is due his annual review. He is yr 5 and the la want to transfer him to an ehcp and get my senior school preference.

He's at an indi with a specialism in dyslexia, and we had a long fight to get him there via tribunal. We want him to continue to seniors there. My experience with the council has been awful so this has set alarm bells off.

I read the guidance as saying we have to transfer to an ehcp, but our advisor thinks we should have the choice to have a statement review.

Does anyone have any experience or advice. Our preference is to keep the statement as we know it inside out.

Hmm I think that as he's year 5 and this will be his transition statement, the LA can convert it to a EHCP at this year's AR. (But I could be wrong). If he was year 6 this year (only), then it's parental preference.

If you do have to transition into EHCP this year (or even if you can keep the Statement), then I would absolutely make sure all his therapists/teachers etc at his indie placement submit new thoroughly-written tribunal-standard assessments. My DS had his year 5 transition last year. I made sure all his school inhouse specialist teachers/therapists wrote new reports and included recommendations that reinforced the level of provision gained after a hard fought Tribunal. So each therapist said eg "I recommend that xyz therapy(quantified and specified support) as documented on Statement of is continued. Of course, the inhouse therapists will only write this if they agree that your DC still needs the level of support shown in the original Statement. But if it's in a new transition report, then the LA will be on very sticky ground if they try to remove any quantified and specified provision from the EHCP.

My indie school therapists originally gently moaned to me about me requesting this, as their therapy is also built into the school-day. But I pointed out to them that its only the quantified and specified provision that counts at Tribunal and maintaining an indie school provision. So they wrote reports that were tribunal standard with quantified and specified reports (free of charge as they are school's inhouse therapists!).

Also, make sure all the therapists and all the specialist teachers turn up at AR. Email them all separately as it might not have filtered through from the school when your DC's AR is. Go mob-handed with all the evidence.

That's great advice TOWIE. I will contact school this week.

My hubby is really of the opinion that we should convert now, whilst the tribunal is only a year ago. Several key statements were agreed at tribunal that only his current school can provide, these still hold.

Also we can start preparing for the fight.

There is no was our ds could cope with ms secondary. He was at a lovely primary who tried really hard but he still lost a lot of self confidence. His new school is exactly what he needs. It's not a magic wand but it's definitely helping to improve how he feels about school and his abilities.

You may find the school a bit reluctant to do good quality reports again. My DS's school was. Similar to you, his tribunal had been less than a year previously. But I emphasised to them that this was a transition statement for a hard tribunal fought place so I expected dirty tricks from the LA.

I also told the school that on no account was the LAs EP allowed to assess him again - s/he could observe lessons (because you have to appear reasonable) and read all the reports, but that was all because he'd been over-assessed due to tribunal.

Once I explained my concerns to the school, they were fine and fully supported me. So I ended up with a watertight 2nd Statement after AR. I will do the same again when my DS gets transferred to a EHCP

It's great to hear what other people have done to prepare - thanks.

When did your LA finally agree to your school choice. There's a hopeful, naive part of me that thinks maybe we could get it sorted out now.

The evidence was too much for them to name another school. I had also just had the LGO upheld my complaint against them. They haven't dared touch him since. Although they did need a gentle prod to make them issue the Final Statement (which specified the same indie school) as they were late with it.

Well done, I recall you've been through a lot.

I think that your advice is good and that we need to focus on the evidence.

Thanks for the replies

DS will have to transfer next year when he's in Year 6. Before they do the transfer they have to do a reassessment, but it is possible to use reports that are already in existence if the LA, parents and authors of the reports agree.

Thanks icimoi, on the LA schedule they have put yr5 for this academic years transfer. And I'm not sure I can decline an EHCP transfer when requested by the LA.

I think I'm going to take Towies advice and ensure that all the evidence is updated from the school. And that they do it to a very high standard.

Just thought.

Also make sure in your own parental do-do (can't remember it's name!) words to the effect that you are pleased with progress blah blah but this is only because of the therapists/teachers together with the quantified and specified statement. The same with the inhouse therapists/teachers' reports. You've got to show some progress (else LA will say no progress=wrong school) but that progress is only because of the high level of support as detailed in statement.