Draft EHCP received. Some advise needed please!

[Buscake]

This is 13 months after I first asked for an assessment, and it has been a long hard slog to get to this point! I have the draft EHCP in my hands (received a week ago) but...I'm not happy. The outcomes seem very vague eg "trialling sensory supports, tailored to her need. Use of a sensory checklist could also be considered" this tells me nothing about what will be provided eg time, resources. Should they be specifying this? Reading the SENCOP it looks like they should.

Additionally, my daughter has significant sensory needs. No health care provider where I live is commissioned to assess her for this. We paid for a private OT assessment (to help us to help her) and assumed this was being included in the EHCP. it has not been, despite me asking whether they would assess her sensory requirements as part of the assessment process. Looks like it has been ignored. What can I do about this? I'm so worried the 15 days are halfway done and I have a lot I need to change on this draft. Has anyone else experienced similar?

This is the most relevant thread for me I've seen !

I'm also in a totally bamboozled state of confusion.

So.......we have a finalised (5th Jan 17) EHCP - I applied for it in November 2015. Section B is specific mainly due to me trawling all reports after I received the first draft and adding in a further 14 pages of relevant description's about my sons difficulties.

Section F is woolly and wordy - programme's for "developing the use and accurate interpretation of non-verbal communication" and "a programme delivered weekly either individually or in a small group to develop inferential comprehension, real world knowledge, predicting future events, consider emotional outcomes of events" to give just 2 examples.

There is no clear information on who is qualified enough to deliver this (they have listed a TA fairly frequently) how many hours a week they would do it? how many sessions are small group? How many are individual ? Outcomes are for 12 months which isn't long enough. The whole plan is like this. I sent an email November 16 outlining the lack of clarity to which I was given an amended plan but still no proper answers.

I went to SOS SEN drop in last week. Travelled 2.5 hours to get there and came out so disheartened I cried all the way home. The lady said I had a weak case due to me not seeking clarification from the EP when I received her reports on exactly what her recommendations involved and that now it is too late (because im somehow meant to know to do this?) She said I should not carry on to tribunal as what am I appealing ? She said the Judge cannot order the LA to put in clear recommendations when they haven't been written or suggested as such by the EP in her reports ! She also said my document I'd compiled was laid out wrong and the Judge wouldn't understand it - I stayed up till gone midnight on numerous occasions to write that bloody form not knowing what the heck I was doing so for her to say that was the nail in my emotionally unstable coffin.

So my question really after all that writing is this

I have a mediation certificate and have until 30th March to lodge my documents.

Should I still appeal ? One half of me says yes as although I have the plan it isn't detailed enough and realistically the way it's written any staff member could deliver the provision.........I also don't want him to remain where he is so wouldn't a new school (not that I have found a new school) need to know exactly what they are dealing with in terms of provision ?
Or do I not as how will I win if what I am asking for isn't even written anywhere and in fact I don't even no what I am asking for as I'm not a professional !!? Should I just be happy I have the EHCP and jog on ?

Oh and the EP who wrote the report has retired.
AND my son is currently in Year 10 so I have no time to waste !

Any help or advice is greatly received

Oh and I'm sorry if I've jumped your thread - I've only posted a few times and your predicament was/is so similar to me I just couldn't hold back the torrent x

Sossen are wrong. The law states that that the plan must be specific. Hang on I'll find the reference. What have IPSEA said?

www.ipsea.org.uk/download-resource?id=0b418248-3925-4648-827e-0691643f30fa

And yes, absolutely I would appeal.

The judge can order the LA to go back and commission a new report if what they have is not fit for purpose.

Thank you kid

Ipsea - I cannot get a tribunal callback slot for love nor money this week when I really need one. I have started the tribunal legal representation ball rolling with IPSEA though. The thought of going back to get a new report when he is nearly at the end of year 10 is daunting.

So I'll send in everything I have including 2 emails where I've asked the LA for further clarification and been ignored and hopefully get somewhere.

Thank you. I did start a new thread with my conundrum as felt bad jumping on someone else !

I suspect you may have misunderstood what SOS SEN were saying. Was it the EHCP they said was laid out wrong? If so, I'm sure they were blaming the LA for that, not you. They were right to say that the tribunal judge can't make changes to the EHCP without evidence on which to base it. Usually that's dealt with by getting your own independent EP report- did you discuss that? Though I would have thought your OT report would fill in some of the gaps.

If you can't get an independent EP report I guess they were saying that would reduce your chances of getting any meaningful improvements, but it's true to say you could begin the appeal and ask the tribunal to order the LA EP to do a proper job. Also the tribunal could order the LA to get other expert evidence if that's relevant, e.g. on speech and language.