Amending draft EHCP for a three year old

[Infradoug]

We are currently trying to finalise a draft EHCP for our just-turned-three year old son (who has brain tumours, epilepsy and moderate learning difficulties).

Coronavirus has made this difficult process a complete nightmare - there have been no face to face meetings with the Council, we have been unable to visit any special schools/ nurseries and it is has been difficult to get hold of the right people over the phone, partly as much of our 15 day statutory period to consider the draft fell over the school half term holiday.

The EHCP Coordinator has been polite, but there have been a number of errors throughout the process includinggetting his age wrong and sending out consultations to two special school places for the reception year (for which he was quickly refused as he was a year too young). The EHCP supplied is also extremely vague and does not provide sufficient assistance for his needs. As we were concerned that no suitable options were being offered, we redrafted the EHCP to provide for 30 hours per week of a 1:1 TA instead in a local nursery until he can attend a special school in September 2021 and submitted the draft back. We’ve just received the following response to our suggested amendments:

“Unfortunately, you cannot make changes to professionals recommendations in [Sections B - J]. This can only be done following the receipt of an updated report from the relevant professional.”

Is this right? Surely there must be some opportunity to change the provisions in the plan (particularly Section F), otherwise why even bother with consulting us?Any assistance on how we can ask for more appropriate assistance, in particular 30 hours of a teaching assistant to attend nursery weekly would be gratefully received, aswe feel like we have hit a brick wall here!

What the LA have told you isn't true, you can ask for amendments. There's no guarantee the LA will make them though. If the LA aren't going to make the amendments you want you would be better finalising and going to tribunal rather than going round in circles with the LA.

If you want a SS nursery, do you have one in mind? There are limited circumstances where the LA can refuse to name the school you want.

Have a look at IPSEA and SOSSEN's websites.

I frequently change the recommendations in those sections! But generally to make enhancements to what is being said, not to introduce an entirely new idea - generally we have already discussed those in the review meeting.

Thanks so much both for responding and for the tips! We suspected as much but feel so clueless, its been good to get some confirmation on this. Will look into the websites suggested now.

Your LA should have a local independent advice service with workers who can advise you. It is called an IASS.
Has your son had sufficient professional assessments done? Ed psych, OT, physio etc. Approaching a specialist charity such as the Brain Injury Trust could be very useful.

SENDIAS can be brilliant, but be careful, they aren't all and they receive LA funding so will ultimately toe the party line.