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

[enterthedragon]

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.

[claw12]

I have no evidence as such ie reports that ds's statement needs amending. Just that it is out of date and his needs have changed.

I just emailed requesting reassessment under the old Law, with the right to appeal refusal. Quoted SEN COP and case law at them.

Happy to share my exact wording with you via message if it's helpful

[claw12]

Sent

[claw12]

Seems LA are now backtracking their verbal decision to start transfer.

They will need to contact school as school are the ones who need to arrange EP, OT assessments etc and once they have these reports they can formally notify me process has started!

what a load of bollox

[moosemama]

Sounds very suss Claw. They should start the process off by writing to you with two weeks notice that the transfer is starting.

[claw12]

Exactly moose! Reports are NOT obtained prior the process starting! And school are not responsible for obtaining reports LA are!

plus I haven't actually asked them to start the EHC process, I have asked them for reassessment under the old Law, with the right to appeal in 6 weeks if they refuse. What they do in that 6 weeks is up to them!

[moosemama]

Sounds like you need to confirm what they said to you in writing and request written confirmation back. Otherwise you are in limbo, not knowing if they are going to claim they were still considering re-assessment.

Honestly, the way these LAs mess people about is appalling. The lack of accountability and seemingly unending list of sly, avoidance tactics makes my blood boil.

Fwiw, what finally got my LA to shift when we were doing ds' statementing process we me breaking down and sobbing on the phone. I ended up telling the officer all about how ds was being bullied, how scared I was for him and how all I wanted was for the professionals around him to step up, take responsibility and start supporting and protecting him so that I knew he was safe, both physically and emotionally, when I had to leave him at the school gate. Her attitude changed almost instantly from one of 'we have to do this' 'it's the way we do things' etc, to actually seeing the people behind the application and understanding that my pushiness only came from a deep desire to protect my child.

Mind you, that helped with one officer, which helped oil the wheels a little, but the 'organisation' itself, in all it's over-complicated, red-tape strangulated glory is an entirely different matter.

[claw12]

From IPSEA website, bit confusing!

"If your child has a statement you can ask the LA to carry out the transition before their intended time but if they do not agree you cannot appeal against that decision. The right to request an EHC needs assessment has been suspended for children with statements for the transition period. However, you can still ask for a re-assessment under the Education Act 1996 during the transition period, you can appeal if refused, and if you win the Tribunal has the power to order the LA to carry out an EHC needs assessment"

[moosemama]

So basically, they are re-assessing for a new statement, rather than an EHC? Although any sensible LA would then admit 'there's no point in doing that, let's just start his EHC transfer instead'. That would require an LA to be sensible and logical though.

I reckon the LA doesn't understand it themselves claw.

[AugustaFinkNottle]

I think the point is that until the transition period is over (April 2018) parents of children with statements can't ask for an EHC assessment, they have to wait till it's their child's "turn" to transfer to an EHCP. Therefore if the statement is out of date, what they need to do is ask for it to be amended at a review, or else ask for a complete reassessment. if they refuse, you can appeal against that, and the tribunal can order them to do an EHC needs assessment instead of an assessment under the old law. Mind you, I would have thought that any LA with any sense would just do the EHC assessment anyway when faced with an appeal like that.

[claw12]

Moose, in brief, ds's statement is totally out of date. I have asked for reassessment as his needs have changed, under old Law, was the only way. So they assess and either amend his statement or start transfer. They agreed verbally to start transfer process within 30 mins of my request.

In writing, back tracking, saying they need school to carry out assessments, before they officially notify me that process has started

Ds's case worker agreed it, then 'after speaking with her manager' sent me the above!

I replied reminding them or what I actually requested. Their legal duties and either officially start process or refuse my request so I can appeal!

Augusta thank you so much for clarifying that

[claw12]

Frusso if they refuse to amend, lodge an appeal. They will shit themselves! A very basic, short appeal. Literally a couple of paragraphs stating SEN COP and case law.

They are basically telling me the same as you! Assessments first, then we will notify you.

In LA speak that means have assessments done as we are hoping needs haven't changed and we will do fuck all!

[AugustaFinkNottle]

just that if reassessments are done prior to calling for the transfer review, review will be quicker.

How? Say assessments take 6 weeks. So you wait 6 weeks till they start the review and (if you're incredibly lucky) they then only take 12 weeks over the review. How is that any quicker than the 18 weeks they would normally take for the review? And, to be honest, my suspicion is that they would get the assessments, and then take the full 18 weeks after that.

[claw12]

Frusso you are in limbo, the only request you can legally make is for statement to be amended, which they have told you they are unlikely to agree to. If you appeal their refusal to amend, it will prompt them to agree transfer and you will assessments across the board from EHC transfer assessment if nothing is up to date.

[claw12]

The writing of section A, when does this have to be written? Ie can it written after assessments?

Do I have to back up anything I say with previous expert reports?

At the moment, I'm writing section A, stating what I think the need is backed up by numerous previous expert reports and what school report.

Is there a better way?

[AugustaFinkNottle]

A is really your views and opinions - the sections where all that detail is needed are B and F. Having said that, it is your chance to describe your child and paint the full picture. Don't make it too long, otherwise people are just going to flip past it and go straight to B.

[claw12]

Thanks Augusta

[vjg13]

I kept my section A formal and wrote it as a document rather than filling in sections on the form given by the local authority. I spent ages on it but there is no legal obligation to provide anything in it. As Augusta says, it's all about section B needs and Section F provision.

[claw12]

Ds had quite a lot to say on things like likes and dislikes, what is isn't working and even on communication. He sums it up pretty well actually

[enterthedragon]

I feel utterly defeated, dont know where we go now or what we do next.

Anyone want to join my pity party? or am i going to be billy no mates?