Support available?

[Snakes1]

DD(13) can't access leisure/social activities or the community without support but SS only offer short breaks to those with severe needs and DD is moderate. Is there any other support available or am I expected to support her solely in this? Ideally all I wanted was for someone else to support her to access an opportunity even just fortnightly so I can have a break and she can form relationships outside the family and access things like everyone else.

You should push social care for support, they can provide more support than short breaks. Have you actually had social care assessments, a carer’s assessment for you and an assessment via the disabled children’s team for DD?

Does DD have an EHCP?

I had a parents assessment today and they advised to go back to cahms and to try the local youth centre and some clubs but DD can't attend without support (me) and a lot she is reluctant to go to. I was trying to get support for me as I'm struggling a lot at the minute but was signposted to well-being service who I have already spoken to. As far as I'm aware DDs needs were also being looked at during the parent needs assessment today. I'm not convinced we even talked about everything we should have.

Yes she has an ehcp (social care did not make an assessment just commented we had no prior involvement)

Not known to the service is not a lawful response to an EHCNA.

Does the EHCP include PfA provision and OT?

Social care are fobbing you off, push back and complain. They can and should provide support. Sadly you often have to fight for it. If you appeal the educational part of the EHCP you can ask SENDIST to look at social care provision too. DD should have her own assessment from the disabled children’s team separate to your carer’s assessment.

Thank you, that's really helpful.

No pfa but I'm going to ensure it's put in at review in 2 weeks. OT is in the plan but no OT provision is being carried out as no one is taking the responsibility for OT.

The whole ehcp and process has been a mess. I only got her final copy in January with annual review in 2 weeks. There's been lots of unlawful incidents so far.

Is the OT specified and quantified in F? It should be. If it is then it is the LA who is responsible. Email the Director of Children’s Services reminding them their duty is non-delegable and if the OT is not provided ASAP you will be forced to pursue judicial review proceedings. If that fails contact SOSSEN for help with a pre-action letter. Unfortunately if the provision isn’t specified and quantified in F it isn’t enforceable and as part of the AR you should try to tighten it up.

If DD is in Y9 PfA should be in the EHCP now. If DD is in Y8 it would be a good idea to include it as part of this AR in preparation for Y9.

Following the AR make sure the LA comply with the statutory timescales. If they don’t you can force them to, via judicial review if necessary.

Yes it is but LA have said school need to refer to OT directly. Our previous OT was private and no longer able to help.

I wrote most of Section F in the end so it is specific. Unfortunately there is more than one provision not being met. There was an audit but they only saw what was in place. I'm having multiple battles in multiples areas of ehcp as my daughter is being failed massively and there is a strong chance of placement breakdown with no alternative.

DD is now in year 9, when we applied she was in year 8 and it has taken from July 2021 until Jan 2023 to get the final copy of first plan

SENDIASS are supporting me but I feel I need more help to fight our corner but I haven't found any yet. I work 6 days a week as well so I'm not as on the ball as I would like especially as I'm stressed and it's impacting my well-being.

The LA are lying to you. The duty to secure the provision in F is the LA’s. It cannot be passed on to anyone else. Email the Director of Children’s Services as in my pp for anything not being provided and contact SOSSEN for a pre-action letter if that doesn’t work. BTW the LA can fund independent OTs (and other provision).

Unless you had to appeal, which I appreciate you might have, the LA were in breach of the statutory timescales.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies. They should be telling you you can enforce provision and timescales via judicial review. IPSEA have lots of helpful information on their websites, they also have advice lines but you need to persevere to get to speak to them.