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.

I've been told that if you get to deadline and plan is not agreed by you LA can issue final plan and you'd then have to appeal.

We're now in assessment phase. I am nominating myself as "lead professional". Hmmm (transitioning schools so I think i am the only one who can).

Sausage the deadline passed 40 something weeks ago, it's the LA who have missed deadlines not me.

Hi all - what fun all this is

I thought I had DS EHCP all sorted in Jan/Feb - we had the meeting to transfer from Statement to EHCP ready for his transition to secondary in Sept. I signed off the Proposed amended EHCP in March and they still haven't issued the Final version naming his school.

The school is great and we have proceeded on the basis of the proposed EHCP but today the LA email to tell me they want to change his proposed amended EHCP it to reduce provision! They can't do this can they?

The mainstream 2ndary specified his existing support package would need to continue 'as is' to make it a viable place for his education and I have that in writing. I have said the LA need to issue it as it currently stands and we can discuss changes at the next annual review - is that reasonable?

I am really not getting back into changes and negotiations at this late stage - reduced provision would affect my choice of secondary (and they may not accept him anyway!) Any advice/insight anyone?

Unless they have done a reassessment showing his needs have changed, they can't just reduce support on a whim. They would need some evidence for this so ask for it. Have you accepted the place at the secondary school you want?

Did they carry out new assessments as part of the transfer to EHC plan?

Yes school accepted but they offered the place with the understanding that support would remain and this is stated in the offer letter to the LA that I have a copy of.

Nothing has changed or been reassessed - the boss of the LA woman we have dealt with all along (who I have never heard of and has not been part of any of the process) has just decided to get involved and say she wants to change stuff i am not that worried because it doesn't seem possible that she could actually change it now...I am hoping she will just sign it off on the understanding they can raise these issues at the next annual review but if they are going to continue to be difficult I will get legal advice...just such unnecessary stress

Faux how frustrating. They know they can't do it they just hope someone on either side will agree under the stress of it being June and no final placement confirmed. They can't over rule the law though. Hang in there

Hi all me again but totally different query. As no news on ds1 still waiting for statement to be amended. It will be 98 god damn fucking weeks this Tuesday but hey what's the worst that can happen? School the holding pen have finally contacted me as he has been off since mid May. They didn't want to know how is he they honestly don't care just pointed out he has been off and now we want proof....

But ds1 is 6 and I'm almost certain he is ASD but with major sensory issues however he doesn't explode he implodes and withdraws so school think he's wonderful. He actually is very wonderful anyway I have spoken to teacher who agrees something is wrong as he he has started self harming and is getting increasingly fidgety. Lots of minor stuff but when you put them together a picture kinda leaps out at you. About a month ago I started to take him in to school before everyone else because he couldn't face getting into the class at the same time as everyone else. He's happier but because of all the unlawful practices shoddy behaviour LA have so far shown I am aware all these 'little' thins need to be recorded and agreed. So I had a chat with the SENCO last week she tried very hard to dismiss me didn't share my concerns and felt that recoding things in an IEP wasn't appropriate as he doesn't have one which is why I want it recorded I said I thought I would write a letter formally to her so that his needs were recorded somewhere because in the future if things didn't get better you know.... Anyhow yesterday she telephoned me and suddenly the EP has a cancellation next Weds and she is going to observe ds1 in the morning and meet me (with teacher and senco) after I'm pleased obviously because at least she will be looking for things and may even spot the stuff I do at home. Either way it could put my mind at rest or point me in the right direction as to next step. It's just I thought I was supposed to speak with the EP on my own first? Or is this how it is done now? With ds1 I always met with EP before or after but alone not with anyone else unless it was an AR.

I would suggest meeting EP alone or emailing them before hand.

When I had my parental appointment with EP last week the assistant senco was there, same when DS had his interview with her, and she was adding bits about us both being wrong and things not being true etc. This was about how we feel

Although I'm not sure what the EP made of it because this was the same woman who when I mentioned DS struggled with reading comprehension told me I was wrong, he didn't, he just struggled to infer from text

Id also ask for a from to fill in for the EP. In my county parents fill in a form themselves and then have a copy of the schools form with their views that they have to sign.

OK, we put in our first application for assessment a few weeks ago (22nd May).

We got a letter today to say "it is not necessary to carry out a statutory assessment". This is within the 6 weeks from sending in the application.

However, it is in total jargon and also says "there was a lack of information about his level of difficulty and of a graduated response from the Nursery".

So they say they are going to contact nursery and ask for more information.

Nursery have told us that they recently received something from the LEA saying they are on a go slow over summer or some such. DS is in nursery right up to 1st September (starting school the next day!) and the SENCO from nursery is away for a week or two at the moment but AFAIK is also in for the rest of the summer.

The nursery manager seemed to be implying that the SENCO would, if contacted, do "an observation", which unless DS happened to be having an outburst that morning, would not give a full picture of his needs - they are much more likely to find out what he's like by asking his keyworker (who is off apart from the odd visit for the school summer break).

So now I'm worried that the SENCO will visit the room, he will be behaving nicely, and they'll just say "we have no problems with him" when they DO have problems with him, they have put strategies in place to improve them, but school won't have those strategies (which include extra one to one).

There are also some difficulties they don't see at nursery but which may apply at school (e.g. difficulties with longer walks - the school he's going to will, for example, take classes out for 20 mins there and 20 mins back as they are that far from museums etc. and it's not worth getting a coach).

What do we do now?

You have a right to appeal the decision.

It's normal for them to say there's not enough evidence, needs can be met within Sen support etc.

However the children's and families act (section 36) states that la have a duty to assess any child who has or may have SEN who may require an EHCP.

I appealed using this stating clearly DS have these difficulties, this Sen and these SN. That he clearly has Sen and they can't know he doesn't need an EHCP plan without full assessment. I evidenced the decline in his emotional stability, what inputs he's getting and evidenced there is still issues (eg behaviour/referral to Camhs etc).

You can appeal using the same bit, state nursery are doing X,y and z. Ds still demonstrates aggressive behaviour towards his peers and gets 1:1 for X amount of time etc. That when he gets to school he'll be expected to do the following a,b and C and he may need an EHCP for those needs to be met.

Is it worth doing that now, or waiting till nursery have done their information (I will definitely ask them a) if they've been asked for it and b) how long they've been given/will take to give it)?

You have 2 months from date of refusal letter. You don't need evidence straight away. You can add it to appeal as you go along.
There should be information with refusal letter about how you can appeal. It takes about 6 months from applying to send tribunal until it's heard so plenty of time for evidence.
IPSEA have a good appeal pack.

I found it easier to wrote a list of reasons why I felt DS needed an echp. What outcomes I'd expect from the support and what provision has helped etc.

Hi youare I have written to the SENCO and told her I will be asking to meet with EP alone before she and class teacher join us as this will be the first time I have met with her to discuss ds2 and I have asked for a copy of teachers form. I have also written to the EP and I have said 'I would have liked the opportunity to have met with you prior to your observation however as it is a last minute cancellation I understand this is not possible I therefore propose that I meet with you briefly alone after your observation and prior to the SENCO and class teacher joining us to discuss the next steps'. I imagine the SENCO will be miffed but as I know she won't have divulged any of ds2's history (significant s&l delay and concerns around his social, communication and imagination) I want to be able to give her the complete picture of concerns and not just his anxious behaviour which is obvious and can't be ignored. I don't think that is unreasonable especially as SENCO stressed not to go into to much detail on the referral forms. I've abandoned the form and am into page 3 of A4 pages I have learnt much from all you guys but still have much to learn...

I might use your advice to drspouse >waves hello< about needs, outcomes and what support is needed. Although I need to be careful as ds1 is still statemented and ds2 is on Sen support

Our LA have just started the process of converting our child's statement to an education and health care plan. Transfer review meeting taking place soon. We are currently considering change of school.

Once the EHCP is issued, is it possible to request a different school? I couldn't find this covered in the new guidance but in the old guidance it seems to suggest you would have to wait 12 months after a final statement had been issued.

Wondering if to request new school now or see if thing improve at current school with new teacher in September.

If you definitely want a change of school, start saying it at the start of the process and make sure sections B and F are are comprehensive as possible to support this. Does your child need more support, have needs changed etc?

Needs have changed a bit but not significantly. We are not sure about the change of school as it will be quite disruptive to our child, so I guess we are undecided.

The main issue is we are not happy with how things have gone this year - teacher hasn't supported child well. Child is crying and upset at school. School have not provided TA support on a number of occasions citing being short staffed etc

nothappymummy2014 when you receive the draft copy of the EHCP the school placement part should be left blank for you to write in which school you want. The LA must not name a school until they issue the final plan.

If you want to change the school to another one you need to be as sure as you can that it will be able to deliver what is in the draft plan.

The refusal to assess for EHCP has just plopped through our letterbox. Apparently I have to contact the mediation service before appealing (although I recognise I don't have to agree to mediation).

Is there any point in the mediation? LA just say ds doesn't have SEN or meet the threshold for EHCP with no explanation of how either decision was reached.

The little they do say gives the impression they skim read what I sent in. They say he has "health issues that impacted on his attendance and that he missed a period of education around the time of a family bereavement" which really minimises it to me.

He's actually not managed full time education since he was 10 years old at the end of year 5 in Junior school and he's now 17 and has just finished year 12 but will have to repeat this year due to continued health problems and the lack of support from the FE college.

His attendance at his first secondary was around 20% and we withdrew him after just over 2 years as the school was impossible to work with and dh had just been diagnosed with cancer, so I wanted to divert my energy to him and not fighting the school. Ds didn't then miss education at that time, as the LA seems to be suggesting. He was home educated for a year with an online school during dh's illness and then home educated for 6 months using other resources after dh's death.

We then found another, more sympathetic, secondary school that recognised ds had a disability and needed support. I had to appeal to get in so he started very late in year 10, managed 60% attendance, had a flare up and ended up with nil attendance, but the school supported him at home and he got 5 GCSE's.

College then failed to support him even though they were made aware of his health problems. They then threw him off his course for low attendance even though he was working from home and keeping up with assignments (that they then refused to mark). I'm now about to go into the 3rd and final stage of the complaint appeals system about this.

There's no NHS specialist support for his condition for under 18's so I don't have consultant's letters much past his diagnosis at GOSH when he was 10. So not a lot of recent medical evidence.

The FE college are currently making the right noises and I feel some of the people we've now seen intend to try to make things work in the coming year, BUT that happened before he started this year and it's gone spectacularly wrong and college just try to cover up rather than sort it out hence the ongoing complaints and appeals.

Hi All, I'm a bit late to the party on this thread, I hope it's ok to post here.
DD's EHCP has been to panel and they have agreed specialist provision. The LA are consulting with two settings. One is ASD unit in mainstream, It's very new, very small, and I'm worried there won't be a peer group for DD within the unit and that she will spend a lot of time alone/out if lessons as there doesn't seem to be any teaching in the unit, just support. I'm really concerned that the unit is in the process of being set up and DD really does need very experienced staff who are on the ball and a very stable environment to feel safe.
The other is an out of area independent SS. It's really the only setting we've found that can meet both DD's educational and mh needs. She wants to go there and the professionals involved in her care believe it is the best option for her.
What can we do at this point to present our case for the SS? Or do we have to wait for the LA to consult and then hear what they have to say on which setting could best meet needs?

running sorry to hear this is still dragging on.

Mel I'd start gathering evidence about how the independent SS can meet her needs. I'd gather information about ASD unit but perhaps present the 2 as yiu did above. You knkw the ss can meet her needs but the units an unknown and her EHCP highlights her MH difficulties and her need for structure, routine, etc.

Thanks. She is in a hospital school at the moment and they are very supportive. They are going to write up to date input explaining why the SS is necessary, and have suggested I write too. Unfortunately the draft Ehcp was written for mainstream with support as until very recently DD wouldn't even consider the SS. The new one that has come back from the panel is exactly the same, just with 'specialist provision' written in the funding section.

Can anyone advise me on writing my appeal for refusal to assess?

Do I just provide all the evidence of prof reports? The la has been asked to provide information about graduated approach and a shirt chronology of events.

I've got my own chronology since year R, evidence of IEPs, IPAs etc and also a list of interventions I've put in at home.

Also a behaviour log of school incidents and home. I've been keeping the diary since beginning if June and shows decrease in DS ability to manage school and increase in incidents at school.

Do I need to write a narrative to go with these? Do I need to reference them to SENDCOP section 9?
I've also got the criteria for statutory assessment for children with ASD the la use to determine whether to assess or not. I can't really do anything with it as its on 2001 C and F act and I'm pretty sure counts as a blanket policy for a particular group of children?

I think you need some sort of narrative. Answer whatever reasons were given by the LA for refusing to assess. Focus on the requirements set out in the CFA and the code of practice - i.e. (a) might he have SEN and (b) might he need the support of an EHCP to meet his SEN. On (b) the issue is whether his needs can be met within the resources normally available to mainstream schools, which in turn depends on whether he's making progress both academically and in terms of behaviour etc. If the LA is just saying it doesn't have enough information, point out that isn't a valid reason for refusing: after all, they had six weeks to ask for it. If they're saying there are other things that could be tried, point out that it's not good enough to say that something else might be tried if the reality is that it hasn't been happening.

That just about sums it up!

La reasons were although it's obvious DS has 'additional' needs they are not at a level requiring assessment. That he has needs in literacy and spelling that school are addressing, has a laptop and access to touch typing club. The touch typing was out at same time as an enrichment activity he does - after school - and was told it was compulsory or he may lose laptop. I told to school to fuck off reconsider as that's disability discrimination due to having Sen. Eg he can't finish school at same time as his peers.
Also they have said school need to contact special school for outreach and employ strategies for children with working memory problems (which EP report states DS doesn't have!!!).
They've also said they appreciate their is differencing opinions between school and me but that we have to deal with that.

They then end by saying his needs can be met within school action or school action plus

If the touch typing club is only available out of school hours, that clearly isn't provision normally available within mainstream resources and the LA can't rely on it. I suspect it's questionable whether outreach support comes within that category either, but it would be useful to chase up what the school has done about that. If, for instance, they've tried but have been told there's a waiting list, then clearly that isn't adequate.

Did they really refer to school action and school action plus? Have they not noticed that those went two years ago? That would be funny if it wasn't so awful.