EHCP advice re transition to next school

[fiwishicouldbehappier]

My DS6 has an EHCP we had an annual review October 2019. This was to discuss transition to junior school September 2020. Made application to junior school January 2020.

I have heard nothing from the LEA besides a letter received stating plan needs to be amended (November 2019), all his peer group received their offer letter on 15/16 April via email or post. I haven't received any communication since November 2019.

Any advice? I have been fairly relaxed to date my eldest DS16 has an EHCP too (just sent model 12 IPSEA letter) and it is all very exhausting trying to be in battle mode all the time but I've just had enough of the BS.

Thank you.

Your LA is spectacularly incompetent OP. They are in breach of SEND Regulation 18, not only for your 16 year old, but also for your younger son. They should have reviewed, amended and issued the EHCP, naming your preferred junior school by 15th February.

Circumstances in which a local authority must review an EHC plan

18.—(1) Except where paragraph (3) applies, where a child or young person is within 12 months of a transfer between phases of education, the local authority must review and amend,where necessary, the child or young person’s EHC plan before—^
(a) 31 March in the calendar year of the child or young person’s transfer from secondary school to a post-16 institution; and
(b) 15 February in the calendar year of the child’s transfer in any other case
and where necessary amend the EHC plan so that it names the school, post-16 or other institution, or type of school or institution, which the child or young person will attend following that transfer.

Send another Model 12 letter asap, amending it to say this is the second one you've had to send and you want both cases dealt with as a matter of urgency.

www.ipsea.org.uk/annual-reviews-in-advance-of-a-transfer-between-phases-of-education

Ellie56 thank you so much. I have focussed so much on my eldest son he's in year 11 and just received ASD and ADD diagnoses that I have let things slip. Felt quite empowered emailing the director of children's services though.

So I was supposed to receive the amended EHCP for DS6 transitioning to junior school by 15 February? LEA can't even blame Covid-19 if that's the case. National offer date was 16 April I'm the only one not to "formally" know where DS will attend school.

Thank you.

So I was supposed to receive the amended EHCP for DS6 transitioning to junior school by 15 February?

Yes they should have done that for all "phased transfers," apart from those transferring to post 16 institutions, when everything should be completed by 31st March.

It sounds as though you applied for the junior school in the same way as everyone else. You don't need to do that when your child has an EHCP as you are asked to name the school you want as part of the review process.

It's supposed to be completed by 15th February, so if you need to register an appeal, there is time for one to be heard before September. There is more detail in the link I posted above.

And no the LA can't blame Covid-19 for their abysmal failure to carry out their statutory duties.

Thanks so much. Received a call from a senior manager very apologetic. Turns out they have lost my son's paperwork and therefore I'm going to email copies ASAP. He's in an independent school part funded so all sorts of discussions to be had.

Re my youngest I told the manager they will receive another model 12 letter for my youngest within five minutes I received a call from his caseworker nothing has been done on his case since October he doesn't have a formal school place but one of our choice will be named In his EHC plan. So urgent drafting taking place now.

What a poor show.

Yes it is a poor show OP, but at least they're jumping to it now. Are you getting your first choice school for DS6?

Hi, yes although the Senco doesn't particularly want him. The caseworker called her to say she will name the school but Senco resisting. I have heard she's incredibly difficult and likes to offload children with additional needs to specialist ASAP, even though DS accesses the curriculum.

Tricky times dealing with two DS' in phase transfers, resistant SENCO, crappy support from LEA and trying to support two boys with ASD, trying to access school eldest DS trying to complete GCSEs and BTECs and he's pretty much refusing to work at home. Could always be worse I suppose!

Thanks for all your advice.

If your eldest son has an EHCP why can't he go to school? He's classed as a vulnerable pupil under the guidelines:

www.gov.uk/government/publications/coronavirus-covid-19-guidance-on-vulnerable-children-and-young-people/coronavirus-covid-19-guidance-on-vulnerable-children-and-young-people

Ellie

My son is at an independent boarding school.1.5 hours away. Funny the LA are asking why he's not in school and have sent a letter doing a risk assessment on all children with EHC plan. We shall see.

A quick question we have my son’s amended plan apparently it's going to panel on Wednesday. Four years ago we agreed to pay boarding and travel La pay day fee. I have recently discovered some parents have travel and boarding paid for. I know each case is different. We’re happy to contribute but we have paid tens of thousands. I've decided to ask for travel and/or some contribution to boarding. Would I just send a covering letter with our amendments? The caseworker sounded surprised when she asked for clarity as to what we are paying for. Just irritated really we had to spend so much on ASD, ADD, speech therapy reports, Ed psych. We paid for the lot. Am grateful for any advice.

How did this arrangement come about and is this a fully independent school or a section 41 school?

The school is a fully independent school but over 70% of students have EHCPs and are funded through their LA's.

We took legal advice four years ago and we agreed to pay boarding and travel to work a compromise with the LA who said a flat out no originally. I'm at the point where I think it is worth a go. We have been treated very shabbily by our local services not one professional suggested ASD even though I found notes where I had said in a meeting I think it's ASD. Our son has seen at least five LA Ed Psych's and not one mentioned further assessment just words like he's a difficult grumpy child with poor social skills. I feel very let down but equally I don't want to be greedy but we have decimated our savings and more during this whole debacle. I accept we signed up for the boarding and travel but I want to at least try and ask for more, now seems the opportune time then I will try to come to peace with the past ten shitty years.

Sorry don't meant to vent. Again thank you

Was this because the LA had an alternative school that could meet his needs just as well?

If you can prove this is the only school that can meet his needs, you shouldn't be paying anything, which is probably why 70% of the students are being funded by their LAs.

Does your plan accurately reflect your son's needs as they are now? Could you prove there is no other school/college in the area that could meet needs? He is now 16 so there should be something in his plan about preparing for adulthood and needing to learn independent living skills which might indicate a residential setting.

Our LA didn't want to pay for an out of area residential placement, but we had an EP report which said our son needed a "waking day curriculum" as part of learning independent living skills. We had to appeal to the SEND Tribunal twice though.

It might be worth paying for some legal advice to discuss the way forward. Or you could try contacting one of these :

www.sunshine-support.org/

www.educationalequality.co.uk/