Cease to Maintain Question - EHCP

[KisstheTeapot14]

Here's a devil and the deep blue sea scenario.

Both DH and I have underlying health condition which mean if either/both of us caught Covid it would likely prove risky and complex health wise. I lost my dad when I was a young child due to flu complications, so this makes me quite wary of a virus like Covid where there are so many unknowns. Plus the management by govt - track and trace etc do not fill me with confidence.

We have just got long awaited EHCP, all bells and whistles.

What would happen if we chose not to send DS (10) to school in Sept and kept him off to home ed. for - say - 6 months? Would LA cease to maintain EHCP and we would be right back to beginning having to apply all over again? Feels like I have to choose between our life/health and education.

DS would not be bothered if he never went to school again and is quite happy learning at home and seeing friends once a week at distance.

Can't even persuade him to go on the half day visit school are suggesting! DS is very unaware of hygiene and mostly forgets to wash hands after loo/before eating and chews his fingers into the bargain. School say Sept is likely to look normal ish with little if any social distance (they expect govt to say this as otherwise schools don't have room to distance). Possibly 'bubbles of 30' which is hilarious. That's a bloody big bubble if you think each kid/their family may have say 100 + contacts within the community.

Watching with interest.

My DS' are shielding. DS1 has an EOTAS package and I don't know when I'll feel comfortable to have tutors and therapists in the house. Like your DS, DS3 prefers being at home - fewer distractions, less noisy etc.

I suspect once LAs restart recording unauthorised abscesses and fining they will quickly want amend section I to EHE. For DS1 in particular that would be a difficult decision for us given how comprehensive his EOTAS package is.

Yes and we have seen a secondary we think would be good provision in Sept 2021, so don't want to lose momentum for getting a place. I'm sure LA would rub its hands with glee to think they could push us into a corner with EHE. It's not that I would mind (though I will be back at work ptime so would require comprehensive juggling of schedules with DH) home ed, I quite like it. its just I'm not 100% convinced its the right thing long term for DS. But it could be the right thing short term if it means he keeps both his parents alive and well!

I don't know if you have seen but Gavin Williamson has suggested fines will resume in September unless non attendance is for a good reason.

So I imagine at a similar time the LA will try to push children with an EHCP that aren't attending into EHE.

According to posters on EHCP FB group, no they would not cease to maintain it. Annual review and state EHE on it.

Suppose we could call an emergency review if we later felt it was appropriate (no Covid Spikes during winter 2020) for him to go back to school setting.

Happy to EHE as long as we have the option to switch back to school hopefully sometime in Y6 (let's say March/April). God knows how that works for school with normal and EHCP funds but have to leave that to them to figure out.

Am going to email local SEN IASS (they are good and know their legals, I met one of them during last year) and ask what they think of the idea.

Can't quite believe we fought for a whole year for EHCP and now contemplating HE. Glad we have got things in black and white whatever happens in the future.

From relevant part of the CoP - EHE section begins bottom of P214.

10.32 In cases where the EHC plan gives the name of a school or type of school where the child will be educated and the parents decide to educate at home, the local authority is not under a duty to make the special educational provision set out in the plan provided it is satisfied that the arrangements made by the parents are suitable. The local authority must review the plan annually to assure itself that the provision set out in it continues to be appropriate and that the child’s SEN continue to be met (see Chapter 9). Where the local authority has decided that the provision is appropriate, it should amend the plan to name the type of school that would be suitable but state that parents have made their own arrangements under Section 7 of the Education Act 1996.

10.33 Where a child or young person is a registered pupil and the parent decides to home educate, the parent must notify the school in writing that the child or young person is receiving education otherwise than at school and the school must then remove the pupil's name from the admission register. If the school is a special school, the local authority must give consent for the child's name to be removed, but this should not be a lengthy or complex process. There is no provision in law for a ‘trial period’ of home education.

Yes I heard about fines - think they'll have to do it as tons of 'vulnerable' children have not been attending school for various reasons and perhaps not all cases have parents who put their children first and would happily skip the school runs come Sept. Plenty of chaotic households with DV/substance abuse where school is likely a bit of a sanctuary for kids. Sadly we will get caught in the same bureaucratic net.

@10brokengreenbottles Can you use EOTAS to fund non-contact sessions via Skype - or would that not work well?

Yes, section I would be amended to EHE.

DS1 is currently receiving virtual tutoring and therapies. Understandably he's not receiving rebound therapy and swimming (hydrotherapy session in a normal pool). However, it isn't working well. We knew DS would struggle, we have reports stating online schooling isn't suitable. He also realised that if he finds something anxiety provoking he can disconnect.

We are pondering asking for socially distanced physio in the garden because DS1 is not engaging at all, getting him to do any exercise or physio is even harder than normal.