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EHCP angst, advice, support, tips, get it off your chest.

230 replies

enterthedragon · 11/05/2016 17:17

As the title suggests, if you need help or advice or just want to let off steam about the EHCP process feel free to get your thoughts down on here.

As usual we will all support each other and give whatever advice we can, and if we don't know the answers we'll try and find out for you or point you in the right direction.

OP posts:
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claw12 · 12/05/2016 19:04

I'm in Kent enter

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enterthedragon · 12/05/2016 19:12

That's good enough for me claw Grin

OP posts:
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claw12 · 12/05/2016 19:20

www.sossen.org.uk/reports/Judicial_Review.pdf

This is what another poster suggested on this thread. Might be worth a read.

Even the threat of JR can be enough to give the LA a kick up the backside!

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IsItMeOr · 12/05/2016 19:41

We certainly got a very quick assessment for respite support when our solicitor threatened JR.

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AugustaFinkNottle · 12/05/2016 23:02

I'm not doubting you in the least, OP. I think I was at a talk where the merits of various remedies were being discussed, and the person from SOS was saying that, when LAs have missed time limits for completing EHCPs then JR is the best remedy, The reasoning was that when someone in an LA receives a complaint they know they've effectively been given an extra few weeks whilst the complaint slowly churns its way through LA procedures. However, a JR pre-action letter gives them two weeks (or less) to put things right and makes them move much more quickly. If you were told differently on their advice line then maybe they need to spread the word to their own advisers.

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MaterofDragons · 13/05/2016 08:09

sausagepickle thanks for this, I'm going to try dispute resolution. We also had a refusal to assess and I got the mediation certifcate and have filed tribunal papers.

Did you start the dispute resolution after the LA responded to the appeal?

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Sausagepickle123 · 13/05/2016 09:10

Hi - our local parent partnership told me to file appeal and ask for dispute resolution at same time. So we emailed and told the LA we we didn't agree with their decision and wanted to meet as part of their dispute resolution process. LAs disputes manager organised a meeting some weeks later. We then filed appeal docs (inc an analysis of why their decision was wrong and reports) and invited them to take our case back to panel. Disputes manager called 3 days before scheduled meeting to say they had read papers and were reversing decision and cancelling meeting. So they caved before officially responding through tribunal process. I think if you can do this and get them to agree it will be quicker than tribunal - we got an October hearing date......

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MaterofDragons · 13/05/2016 10:02

Thanks. Same here we have an October hearing date. I think my LA are quite entrenched though. Still it won't make a difference to the outcome if they refuse, we can still go to tribunal.

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HHH3 · 13/05/2016 17:56

Reading with interest. I'll be sending DS's EHCP application on Monday. From what I've read on here my LA are notorious for making things difficult so I'm not expecting the process to be easy. Just wondering though...for those who've had to appeal, take to tribunal etc. is there any way of doing it without it costing £££? Because I'm simply not in a position to be able to afford it.

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MrsFrisbyMouse · 13/05/2016 18:12

Our ECHP process was actually OK. Very child centred. We got what we thought we needed.

The problem is the school are just doing what they have always done. So despite the fact we didn't specify 1:1 with a TA. (Because we weren't sure that was the best way of delivering what he needed) that's what the school have given him. And his class teacher has been next to useless and passes all responsibility to the TA.
But next time round I'll be much more specific!

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IsItMeOr · 13/05/2016 22:35

HHH3 I think the costs of tribunal very much depends on what the issues are.

The biggest expense seems to be commissioning private expert reports, if you feel there are significant gaps in what the LA has done.

I think the tribunal bumph says that most people don't have legal representation, so that's not necessarily required. IPSEA have good resources to help you if you can't afford a solicitor.

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HHH3 · 14/05/2016 12:55

Thanks. I might be able to scrape together enough for one report but that'd probably be it. Hopefully it won't come to that though!

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mw63 · 15/05/2016 18:03

Desperately need some help and so complicated I don't even know where to start. Immediate problem is I need to get an email to the school and EHCP co-ordinator tonight. Think it may be better to start my own thread.

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Youarenotkiddingme · 15/05/2016 19:48

What's the complication?

Do you have an EHCP? Or are you still in application stage?


Well I've completed the first bit of my appeal. Stated I'm appealing because C&fa states passes mention needed where a child may have Sen.
Stated full assessment is needed to be able to know what resources are needed and where from.
Stated DS has regressed in some areas and made little progress in other areas despite support.

What I want to know is should I just send send the shell of it now and wait and see what la come back with before adding all extra arguments?
I want to have some thing for counteracting them if it comes to it rather than give them everything I have to argue - eg give them the whole argument iyswim?

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AugustaFinkNottle · 15/05/2016 19:55

If you're appealing, it's well worth going to one of SOS SEN's workshops on appeals

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IsItMeOr · 15/05/2016 20:15

Link to mw63's thread :)

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Youarenotkiddingme · 15/05/2016 20:17

I've downloaded the IPSEA pack. There is no workshop I can get onto before my appeal date is over.
Someone I know has suggested an independent advisor I can use.

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AugustaFinkNottle · 15/05/2016 21:50

There seems to be a workshop on 17 May - is that any use?

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claw12 · 17/05/2016 08:33

Moose we are in a similar situation. LA refusing to make amendments to statement at AR due to EHC transfer happening 'soon'.

I have requested reassessment under education act 1996. They have 6 weeks to either make amendments or refuse. If they refuse I have the right to appeal.

I am hoping this will prompt them to either amend statement or start transfer.

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moosemama · 17/05/2016 09:09

Hi claw, found you.

I think that sounds like a good plan for you/your ds, as he clearly needs different/more support than he has a present and their are obvious specific issues with school. Fingers crossed they see sense.

My ds is quite happy at school (it's taken him three years to reach this point though) doing ok and the school are doing what's necessary to keep him that way - for now, even though that only bares a passing resemblance to his statement.

What I'm worried about is him not having more tailored support through his GCSEs. He is going to need additional support with Maths and English and extra study periods in school. We wanted to discuss the possibility of a reduced timetable, as it was raised by last year's fab SENCO, but the school haven't engages with us on that either.

It's outrageous that LA's just keep bumping transfers and re-issuing their Local Offers to cover their backsides with no recourse whatsoever.

There is a statement on our Local Offer that basically says they prioritise transfers of children from vulnerable groups (fair enough) ks1-2 transfer, ks2-3 transfer and sixth formers. Absolutely no reference to ks3-4, who are the ones starting GCSEs. What's the point in saying they'll prioritise 6th formers if they don't support ks4 pupils to pass their GCSE's so they can actually do A Levels in the first place? It's bonkers.

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claw12 · 17/05/2016 09:16

Oh I see, you just need more support for exams, so need something quickly. I agree the whole thing is bonkers!

Would a letter from GP help? Ie raised anxiety due to exam, needs extra support

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moosemama · 17/05/2016 09:23

I don't think so, as his exams are the year after. He needs help with effective study and dealing with things like inference and individual perspectives. He also has a tendency to write short, succinct answers, when he will be need to expand and discuss.

Maths causes him massive anxiety and that means, despite being capable of good grades, he often struggles to demonstrate his knowledge/ability.

Last year's senco said this is all stuff we could make sure he gets additional support around while studying for his GCSE's.

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claw12 · 17/05/2016 09:30

I assume SENCO, HT etc are being difficult about it. Board of governors? You've probably already tried most of anything I suggest!

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moosemama · 17/05/2016 09:44

Senco just isn't available - ever. The email we had was from someone we've never heard of, who is now listed on the staff list under inclusion, but appears to only have NQV 3 in something unspecified, so I assume is a TA or HLTA.

Head does not get involved in any of the SEN stuff at all and will just redirect back to the senco.

Haven't gone as far as the board yet.

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claw12 · 17/05/2016 11:25

This reply has been deleted

Message withdrawn at poster's request.

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