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Original poster

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.

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youarenotkiddingme · 01/06/2016 21:37

I'll join you enetr Wine

I've been on phone to la today. Spoke to assistant case worker and explained about IPA, how DS is still struggling so had a referral to Camhs, how school don't have any more resources to meet his need requiring after school tutoring and me having to supplement their Sen inout during holidays . That I even had to chase that up as staff member herself admitted it was hectic and she barely found time to see DS.
She suggested school apply for an EHCP Hmm
I said well his juniors did, and I've just done it but assessment has been refused twice.

She couldn't get me off the phone quick enough but I made her hang in there. She suggested I spoke to head of Sen for my area. I pointed out I'd sent emails regularly which had been ignored.

She tried to go again.

I made her hang on a bit longer to give me the name of the person next up in the chain of command.

I'm going to email to confirm conversation and that the suggestion was an EHCP so I'd suggest the la would like to follow their own advice and reverse the decision made to fulfill their statutory duty to assess where a child 'may' have Sen and require support above the level usually delivered.

claw12 · 01/06/2016 21:58

Enter what's up?

youarenotkiddingme · 01/06/2016 22:05

enter are you still trying to get the EHCP transfer completed?

Original poster
enterthedragon · 02/06/2016 00:01

Sorry, had to dash out, bit of an emergency.

Yes still trying to get transfer finalised, however the LA are still refusing to do a needs assessment.

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Original poster
enterthedragon · 02/06/2016 00:16

youare, sorry to see you are still having the same old arguments, I think there are many kids with SEN who are being let down by their LA.

I'm still shocked at what your son's school are doing.

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Original poster
enterthedragon · 03/06/2016 08:43

Would anyone be willing to give me an opinion on a paragraph in a letter I have received? If so I will send a pm of the paragraph (when I get home from work tonight)

OP posts:
youarenotkiddingme · 03/06/2016 09:04

I will enter or at least I'll try Grin

PM me when you're free.

Original poster
enterthedragon · 03/06/2016 09:13

youare have you sent the email?

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Original poster
enterthedragon · 03/06/2016 09:14

OK will pm you later thanks Smile

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Original poster
enterthedragon · 03/06/2016 09:15

The more the merrier Grin

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youarenotkiddingme · 03/06/2016 20:27

La just hung themselves imo. Basically they say it's all about the IPA and the school can adress DS needs and have the resources to meet those needs.
Ok, so I'll simply ask tribunal what those needs and resources are then - because they haven't assessed them Grin

I'm home and down for night now so pm me anytime you're free.

Original poster
enterthedragon · 03/06/2016 21:28

Have sent you a PM.

It really does sound as if our LA's are trying to sing from the same song sheet, I asked how ours have identified the needs without doing a needs assessment.

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Original poster
enterthedragon · 03/06/2016 21:29

Their reply was unbelievable.

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youarenotkiddingme · 03/06/2016 22:32

Replied to you!

I love the fact in one paragraph of waffle they contradict themselves 5 times!

I do wonder how much the 2 different LA's cross paths and share practice considering its one county! If they don't they are quite spectacularly on par with the shite drivel they spout Grin

Original poster
enterthedragon · 04/06/2016 00:12

I need to keep this vague so I'll pm you again

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Original poster
enterthedragon · 05/06/2016 11:08

I love the fact in one paragraph of waffle they contradict themselves 5 times

Contradictions occur throughout the whole letter but that was the one full paragraph that i can legally challenge, but I still have to wait until they issue the final EHCP but I am pretty sure that they have to send a revised draft first. Can anyone confirm that?

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youarenotkiddingme · 05/06/2016 14:22

I've no idea in that I'm afraid. I'm not even close to being that far in!

I have the information sent from la. Their criteria for SA. Written in 2011, based on 2001 C and FA and quoting from it and mentioning SA and SA+! It also says on refusal letter DS needs can be met through SA+!

I do however have the 2014 Sen support document - that then has a whole section about HFA and how it use to be AS. I'm looking forward to them trying to apply that policy to DS because I'll mention a) HFA isn't a dx and b) that's not DS dx! Plus DS is already receiving all recommended Sen support within it and achieving lower than he was.

AugustaFinkNottle · 06/06/2016 00:27

Enter, If they're past the deadline for a finalised EHCP, and if they're refusing to do a proper needs assessment, there's probably not much point messing around with a revised draft - it'll still be rubbish. Unless there's anything you particularly want amending that you actually think they will amend, I would suggest you just ask them to finalise it now, pointing out how far past the deadlines they are.

Original poster
enterthedragon · 06/06/2016 09:46

Augusta I wish they would just finalise it instead of continuing to delay it further but we have asked for amendments to be made and I would prefer to make sure they are included before taking the next step. They know how far past the deadline they are and they don't care as is evidenced by the letter I have received.

I wish I knew whether there is any case law on this.

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AugustaFinkNottle · 06/06/2016 14:01

You don't need case law, the Children and Families Act and the SEND Regulations are perfectly clear about the time limits.

youarenotkiddingme · 06/06/2016 15:44

Ive received my tribunal documents. It's in a few months time!

Original poster
enterthedragon · 07/06/2016 08:38

youare that's great news, keep us posted wrt what is happening

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Original poster
enterthedragon · 07/06/2016 09:10

Augusta I know we don't need case law, but sometimes it is nice to see how other case's have panned out, and they can be used as reference. anyway I don't know whether it will be of any benefit to go down the JR or tribunal route now. Had I been advised to go straight to JR instead of making a complaint and escalating it upwards as soon as it became apparent that the LA would not keep to timescales, would not carry out a needs assessment etc then we would have been in a far better position right now.

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Original poster
enterthedragon · 07/06/2016 09:12

What I need advice on is what do I do now?

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BuffySENsational · 07/06/2016 20:19

Sorry to butt in - hi enter but I was led to believe that you can only JR when the LA have made a decision and within 3 months unless the LA are not providing provision in which case you can JR also I think you can JR if they are flouting time scales and delaying right to appeal. But I'm waiting on confirmation of that myself and I spoke to SOSSEN today and they are going to get their solicitor to ring me in next 48 hours Confused Hope it went ok today have pm you X