Birth trauma brain injury & EHCPs

[LgbtMum]

Hi, my daughter is 10 years old and has subcortical grey matter which impacts on her cognitive functions which includes toileting.

She doesn't get any warning when needing the toilet and has to make a mad dash every time. Sadly she also doesn't like wiping after meaning that she gets in a mess frequently but because she doesn't smell and isn't wet through she's getting left in wet soiled underwear daily while at school.

She does have an ECHP in place and after coming home recently quite sore, ive requested an early EHCP review because her toileting problems aren't on her EHCP and no Health plan has ever been put in place (I didn't know what ot was until recently and had never been mentioned by school!). My daughters also waiting for an ASD assessment but the referral was messed up by school and so far it's been over a year. The paperwork was also messed up for her ADHD assesment referral and so that was refused.

However, school have been very reluctant and have agreed to a 'review meeting' but none of the professionals involved have said they are able to attend. I spoke to the ECHO who said that toileting doesn't go on an EHCP as its a SEN level support need and she doesn't feel that there are any changes needed to her EHCP.

I guess I just feel like I'm banging my head against a wall and my daughters stuck in the middle still not getting any help with her toileting.

My meeting is this week so any advice would be really appreciated.

My feeling is that the H and C in EHCP stand for Health and Care, so it absolutely does belong on there (even if the school don't feel they can meet that need as things stand - that is why you then get them resources to do so via the EHCP). Have you tried contacting the local authority SENDIASS service, as they might know the relevant legislation on this?

Toileting absolutely can be part of an EHCP. Anything that educates or trains should be in F.

The school don’t decide whether to agree to an early review or not, it is the LA. However, the schools should be supporting DD’s toileting needs anyway.

Hi, thank you for your reply. Thankfully SENDIASS are coming into the meeting with me. It was only through speaking to them that I found out what a health plan was and that they should have had one in place for my daughter but school have said that it was my responsibility to request one, despite them knowing about her toileting problems and it having been documented in the EP report.

I'm frustrated because the ECHO said that toileting is a SEN level need and not an EHCP level need yet how can this be when she's 10 and going into Year 6!

I feel like I'm banging my head against a wall and they're not listening to me or understanding my DD's needs.

Stop trusting what the LA and school tell you. They will tell you what they want you to know and their version of the law.

All SEP that is reasonably required should be in the EHCP regardless of whether it would normally be classed as within the realms of school level SEN Support. Ultimately, when you next have the right of appeal, you can appeal in order to get the provision in F.

Be careful with SENDIASS. Some are good, but too many repeat the LA’s unlawful policies.