School not following EHCP, any advice please?

[Blomme]

After a long wait we have an EHCP. It details the support that my son should have which is regular movement breaks and simplified introductions where needed. Instead, the school have put a desk in the corridor outside the classroom for him and he's spent at least some lessons watching numberblocks.
Has anyone been through a similar issue? Any tips for what to do/ say?
I'm particularly disappointed as last year's SENCO said she was trying to put movement breaks into his timetable. This year's (different) SENCO hasn't done it and has waited until tomorrow to speak to us for the first time. Thanks for any advice.

Is the provision in section F specified and quantified? with no woolly or vague wording such as "access to" "or equivalent" "would benefit from" etc.?

If so, complain in writing to the LA, who are ultimately responsible for ensuring provision in EHCPs is delivered. If after complaining the EHCP still is followed threaten to begin Judicial Review proceedings. Usually the threat works but if not contact SOSSEN who can help with a pre-action letter.

If section F is not specific and quantified, and has woolly and vague wording it isn't enforceable, unfortunately. Sadly, it isn't worth the paper it is written on, and you should try to tighten it up.

Thanks for your reply. I've checked an unfortunately the bit about him needing scheduled movement breaks is in the EP report, not the section F. I'd have hoped that the school would be following these strategies but perhaps that was naive... I have a meeting later today with the SENCO.

All education provision DS requires should be in F, including such provision recommended by the EP. Unfortunately, it sounds like the EHCP isn't worth the paper it is written on, and you should try to tighten it up.

Hi OP, speak with the SENCo and state that the EP recommendations need to be followed. Request a timetable detailing break periods and what these breaks will consist of - i.e. sensory/movement break. I would contact the SENCo via email and get everything in writing.

Read through your EHCP and double check from your last Annual Review whether the EP recommendations should've been placed within Section F...there may have been a mistake made by your SENCo or the LA during EHCP process. You could contact your Sen Officer to clarify this.

When is your next Annual Review? Does the school have staff to allow for the movement breaks?

Thanks for your reply. The annual review is not until the end of the year which is too long to wait. The meeting with the SENCO went better than expected but all agreed we need to EP recommendations in the section F of the EHCP. I will email and ask for specific movement / stretching break to be introduced in the timetable.
Have you ever had where a child seems scared/ very lacking in confidence when talking about school but the school says he's doing well and enjoying himself?!

You can ask for an early review. IPSEA have a model letter you can use.

It sounds like DS is masking.

I've had similar issues and if I'm not getting anywhere asking the 1:1 or teacher to change things, I've put my concern in an email to the SENDCO copying in her manager, requesting a meeting to discuss how they're implementing the EHCP. But I go into the meeting with an open mind in case there are any practicalities (especially in light of covid) and try to make them feel like we're all on the same side and need to work together. I hope this helps. Good luck with your school, I hope they change things for you soon. x

Danielle schools and LAs should not be using covid as a reason why they are not delivering provision in EHCPs, covid relaxations ended over a year ago.

Complain to the LA as it is them with ultimate responsibility for ensuring the provision in the EHCP is delivered. If it continues and provision is specified and quantified in section F threaten Judicial Review.

The first thing I will do is ask that movement breaks are timetabled and the frequency of the breaks monitored.
Our EHCP is under appeal as he didn't get as high a band as the school things he needs. The SENCO is chasing the appeal and we will chase if he doesn't get anywhere. I need to make sure that the EP recommendations are added to the section F. Thanks for the help and advice.

Do you mean you have formally appealed to SENDIST? If so, did you not appeal F? Or do you mean you/the school have informally asked the LA to reconsider?

Funding isn't your concern, focus on ensuring section F is specific and quantified, then you can enforce it regardless of funding. If the school need more money they should approach the LA.

Thanks for the advice. School are arranging a meeting to get the section F updated. That's my priority as I don't want him missing out on lessons when he can be involved. School new SENCO seems on board but LA have been beyond rubbish.

Have you formally appealed?

Is the meeting the school are organising an early review? If not, and you didn't formally appeal to SENDIST, you should request one.

Yes, it's an early review.

My son has special things in place and they clearly don't stick to them I pick him up and he has done whatever he wants so they don't have to put up with the meltdown and when I say no I get the back flash of it all well school let me . He gets to play outside in muddy puddles getting all of his clothes and shoes wet they will pull his sister out of class because he wants to see her I don't think this is right as she will be leaving in July.

Conspiracyornotr Does DS have an EHCP? Are the things the school aren’t following specified and quantified in section F?

im a unsure of all this i have had meetings with school senco and they wrote a plan ? im new to all these words im so lost

You would know if DS had an EHCP. Sounds like DS has an IEP (or whatever your school call it).

EHCPs involve a needs assessment and the LA. They are statutory documents, and you can enforce provision in them if it isn’t provided. You can apply yourself, IPSEA have a model letter you can use.

yes he has IEP i am going to google what you have told me as i dont understand i am tired he doesnt sleep he is getting worser by the day is anger comes from no where and is very hurtful .hoping we get some sort of help when we go see paediatrician. seems to have been endsless forms and couirses . thanks for your info

Does DS take melatonin? Have you had a referral to a sleep clinic? Have you had social care assessments - a carers assessment for you and an assessment via the disabled children’s team for DS?