EHCP review.. Change of placement

[HalfMyLife]

Hi. My daughter (8) has an EHCP, which was finalised may 2020. She was under camhs, struggling with attending school, but masking when in class and getting lots of support from nurture team in school (school thankfully very supportive despite the masking)

Since going back in September, into year 4, her attendance got steadily worse and she was unable to attend at all after October half term.

In November..she was assessed privately and now has an ASD diagnosis.

Also in November, school called an early review with the hope of getting a change of placement to a specialist provision for her.

Review meeting was attended by myself, senco, ed psych, a specialist teacher, and Sen lead from the LA.

Request to amend went to panel at the end of December, and just before Xmas I was told that panel had asked for an up to date ed psych assessment and once that was done it would go back to panel.

I've had no paperwork, or copies of reports etc... No indication of timeline for ed psych assessment.

I had asked the question in the review meeting as to whether a full sensory assessment could be carried out, as recommended in her diagnosis report, and was told no, and advised not to get one done privately as it wouldn't tell me anything I didn't already know.

I was also told in the meeting that if it was agreed to a change of provision, they would push for a resource hub within a local mainstream because "it's the cheapest option".
I want a place in a local ASD independent for her. I've visited both, and the independent would be a perfect fit for her.

I have a feeling I'm being fobbed off and they're not following correct procedure.

Can anyone advise what my next steps should be.. Should I be pushing for sensory assessment, asking for copies of minutes etc, or is this the norm and I just need to be patient.

thanks in advance for any help.
X

Did you get the record after the AR that should have been received after two weeks? Have the Local Authority written to advise whether or not they intend to amend the EHCP? This should have happened within four weeks of the date of the AR. If you don't have that letter then you should complain template here

This is the timeline of the AR process so that you can hold your LA to account.

Thank you. No, I haven't received anything.
Would it have been school that should've provided the record 2 weeks after AR, as it was school who called the early review?

Yes school should have sent the report of the AR and then within four weeks the LA should have written to tell you whether they intended to amend the EHCP. By failing to do so they aren't meeting their statutory duty and are denying you your right of appeal.
To be frank if you are wanting independent specialist then you will probably end up at appeal so for LA's the more time they can waste and avoid you going to Tribunal then the more they save in potential fees.
You should contact IPSEA or SOSSEN and ask them for support to get the LA to meet their statutory duty.

Thank you.. That's really helpful. I've spent all evening reading the Sen code of practice....

If you are eligible for legal aid check here you can secure the services of an educational law firm to help you pursue a case to Tribunal.

@HalfMyLife

If a sensory assessment has been recommended that needs to happen as all her needs must be put in Section B of the EHCP and provision to meet those needs must be put in section F of the plan.

“All of the child or young person’s identified special
educational needs must be specified.”

(Code of Practice 9.69 Section B ( Page 164)

"Provision must be specified for each and every need specified in section B. It should be clear how the provision will support achievement of the outcomes"

(Code of Practice 9.69 Section F ( Page 166)

If the EHCP is not accurate and complete your daughter is unlikely to have all her needs met, which is why the current placement is failing. The sensory assessment may also give you useful evidence to push for the ASD school.

I agree you need to send the IPSEA model letter linked by the PP above.

Is the school you want wholly independent or a Section 41 school?

Thank you. I'll be sending the letter recommended....
It's not section 41, but I suspect this is only because it has only just opened so they haven't yet applied, or have applied but hasn't gone through yet, as their other 3 schools are all section 41.
I have a feeling that this is the reason they tried to put me off a sensory assessment, because it would help the case for the ASD school.
Should I insist at this stage that the sensory assessment is included, or wait for draft and then appeal?
Thanks for your help

I guess it depends how much you think your LA is likely to drag their heels and find all kinds of excuses not to comply with/delay complying with your request, and/or whether you are in a position to fund the assessment yourself.

When you get the draft plan you have 15 days to to make representations about the content of the EHC plan and/or the proposed amendments and request your preferred school.

It is only when the Final EHCP is issued that your right of appeal is triggered. The Final plan should be issued within 8 weeks of the LA sending you the amended draft plan.

Thanks.. That's helpful. I'm in a position to fund the assessment which is what I had planned to do, so I think I'll go ahead with that rather than give them the opportunity to delay even more.

Also if the LA EP report is vague and woolly, you may also want to commission your own EP who can make recommendations on the type of setting that would meet needs. Independent reports are usually more detailed and specific than LA ones.

We had our private EP lined up to visit our preferred college and the LA one so he could assess for suitability and make recommendations. Fortunately the LA conceded (they didn't have a leg to stand on) and it wasn't required.

And it might be worth ringing the school you want and ask if they are likely to get Section 41 status soon. If it's a S41 school the onus is on the LA to prove why it is not suitable (and they have to provide substantial evidence) whereas if it is wholly independent, the parent has to prove it is the only school that can meet needs.

Info here:
www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

Thank you again... Great advice. I've contacted the school to ask regarding section 41 status as I'm going this week be the case.
Didn't know a private EP was an option.. are the LA obliged to follow their recommendations, even if their own EP says different?