Draft EHCP Query

[PeachesAndPops]

Quite new to this EHCP business and I’m a bit confused. Got accepted that sons needs an EHCP and so last week they sent me the draft to comment on. I felt there were quite a few things missing or incorrect so sent my comments to the caseworker. She’s emailed back today and said that she will add one of my comments to Section A of the final EHCP, which doesn’t seem to be very helpful as that’s just the ‘all about me section’. Two of my comments she said she would consult with the EP and another comment she said we were still waiting for the school to outline exactly how the timetable will look and when they do that will be added to the final EHCP. However, I’ve made it quite clear my child will not be attending that school! It also sounded like there is not another draft EHCP, the next time I see it will be the final EHCP but what if they have not addressed the issues in the final plan? Also what’s the point in asking a school I don’t want my child to attend for a detailed plan as to how they will timetable him? The school in question clearly don’t want my child either as they said in the EHCP assessment process they didn’t think they would be able to successfully reintegrate my son into the school.

Hi op,

I can certainly help you with this but need a little more info.

Is the school you don't want named in section I or is it blank?

Has the ehcp been banded?

If you aren't happy with the plan reject it immediately. This will stop it from being finalised. You can do this by emailing the case worker, writing to them or returning the form which came with the draft ehcp. You can also ask for a meeting to discuss the plan, although this will be difficult at the moment. Ultimately if you can't agree you can take the local authority to mediation. If you still can't agree you can go to tribunal and a judge will decide.

Section F is very very important!! This is the provision your child will receive. Whatever is in here is legally enforceable. For every need in section B a provision must be in section F. If it's wooly and open for interpretation, reject it! I can't advise on it's contents as i don't know your child but here's an example. It could say a high level of support, but how much support. 1:1, small group that basically means anything. If 1:1 how many hours, how qualified should the staff be. Will lunch times be included etc. You can't assume that any school will have common sense and do the right thing. It must be written in such away that if the provision is not delivered then the plan can be legal enforced.

The link below may help. Towards the bottom of the article is a pdf download for an ehcp checklist. It is well worth a read.

www.ipsea.org.uk/what-sections-should-an-ehc-plan-have

This will also be helpful. The school should not be named in section i on the draft (from what you have said they seem to be pushing a particular school). This explains how to name the school you want but it does sound like you disagree to more than just the school.

www.ipsea.org.uk/what-to-do-when-you-receive-your-draft-ehc-plan

What do you mean by banded?

It does seem that Section F is quite specific for example: Social stories 15 minutes daily 1:1 LSA, regular movement breaks 5 minutes per focused session 1:1 LSA. But it’s all little bits like that, 5 minutes here, 15 minutes there, and I’m thinking what’s gonna happen in actual lessons?

So the most important bit the actual lessons it just says ‘nurture group provision, school to confirm’, when I queried this I was told they had asked X school to give them a detailed timetable of what this will look like. They are also only suggesting a part-time timetable.

On the covering letter it says the LA suggests the most appropriate school would be X, but are also consulting with the school of parental preference. In section I it just says TBC following consultation. X school have already said they don’t think he can be reintegrated, he hasn’t been for 6 months, kept home at their request.

She also said they had been sent further information from CAMHS and this would be included in the final report, but I don’t know what it is.

I disagree with some of the EP report. He had an EP done in 2017 and they tested him with the WISC-IV which indicated his processing speed was the 27th percentile, most of the other things were around 75th percentile. EP said this indicated a specific difficulty with processing (which fits as he has ASD) and therefore required extra time to process information. But then they did another EP assessment for the EHCP, they didn’t do any of the tests they just asked what he liked and didn’t like. They used the percentiles from the original EP report but said the slow processing speed was due to anxiety. So the EHCP states no cognition and learning needs. They use his SATS results as evidence of this completely ignoring the fact he only achieved those SATS results with extra time and a prompt. I raised this and they said they will consult with the EP. There is also nothing about his poor organisational skills, difficulty with time keeping, stuff like that.

Most of the EP recommendations are in section F it’s mostly the small group learning I have issues with as the EP states this needs to be every session. I just can’t see how that’s gonna work in a large mainstream secondary.

My preference is a nearby specialist autism school but they said no way as it’s independent. They said they would consult with a local special needs school, but they doubted he would be accepted as he has no cognition and learning needs (which I dispute). I Don’t mind the local special school as it has a really good reputation and is outstanding, I just think he would prefer the school for autistic children as it’s more like him.

There is very little option in terms of which school to choose. There is only one school in the county with enhanced mainstream provision for ASD children and that is already at double capacity so they said no to that too. I think reintegrating into his current school is a very bad idea, so if they say no to the special school I don’t know what I’m gonna do.

I read all the IPSEA advice, but I find it quite confusing. Doesn’t help that I’m dyslexic and autistic myself!

We were still waiting for the school to outline exactly how the timetable will look and when they do that will be added to the final EHCP.

This sounds as though the LA is basically making your child's EHCP fit the school they want to send him to. That's not how it should be. The school has to meet your child's needs - all of the needs identified in the assessment reports gathered during the EHC Needs assessment, (including the CAMHS information.)

With regard to the EHCP:

If the EHC Needs assessment has been done properly, the LA should seek advice from all of the following people:

1. the child’s parent or the young person;
2. educational advice (usually from the head teacher or principal);

3.medical advice and information from a health care professional; 4.psychological advice and information from an educational psychologist; 5.advice and information in relation to social care;

1. advice and information from any other person the local authority

thinks appropriate; 7.where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and 8.advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from. (If your child has autism I would ask for advice from SLT, OT and an autism specialist teacher.)

This list is set out in Regulation 6(1) of the Special Educational Needs and Disability Regulations 2014 (the “SEN Regs”):

All the professional reports should identify all of the needs the child has (which will go in Section B of the plan) and there should be provision to meet each one of these needs (which will go in Section F of the plan).
The provision should be very specific and say who should be doing what, how long for and when.

Go through all of the professional reports with 2 highlighters. Highlight all of your son's needs (ie all his difficulties eg poor organisational skills, difficulty with time keeping, slow processing) in one colour and then all the provision to meet the needs in another colour.

For example you might have a Speech and Language Therapy report which says "X has great difficulties with social communication." This would go into Section B of the EHCP. The SLT might go on to say "X needs a social skills programme devised by a qualified Speech and Language Therapist and delivered for one hour each week." This would go into Section F of the Plan.

When you have done this for each one of the reports, go through the draft plan and make sure all the needs you have highlighted in the reports are in Section B and make a record of any that have been omitted.

Then make sure all the provision you have highlighted in the reports are in Section F and again make a record of any that have been omitted.

Give the LA a copy of your records of missing information and tell them that everything that has been missed out needs be included in the final EHCP.

If any reports are vague or woolly and use phrases like "requires access to", "would benefit from," "regular" "high level of" tell the LA they are not acceptable and they need to go back to whoever wrote the reports and make them more specific.

With regard to the school:

If the EP has written that your child needs small group learning in every session then the school named in Section I of the EHCP has to be able to provide this. As it is highly unlikely that any mainstream secondary school could provide this, it seems as though the EP was indicating a special school as they typically have small classes.

You mention the LA preferred school is talking about a part time timetable. This is not acceptable. Your child is entitled to full time education just like any other child.

Ultimately if you are not happy with the final EHCP, you can appeal, but I would go straight to appeal and not bother with mediation, as time is running out to get things sorted out for September.

Is the school you feel will suit your child best fully independent or is it a Section 41 school?

If you want to talk to somebody about all this you can book an appointment with the IPSEA advice line. You might have to keep checking for a vacant slot though, as they are put on at different times of the day.

www.ipsea.org.uk/advice-line