EHCNA questions

[Whysomanyfoxes]

We’ve had EP and OT assessments for an EHCNA, and independently of this have also had a meeting with a CP at CAMHS.

The papers for the EHCNA go to panel at the end of September and have made recommendations that we generally agree with (but worry may not be explicit enough for the support we feel our child needs - ie specialist setting).

CP has started the ball rolling via CAMHS for ASD assessment.

At the panel meeting, will the panel be presented with a draft version of the EHCP and be asked to approve its issue? Will we have an opportunity to view report before it goes to panel? And is there a period in which we can review the report and request adjustments? What are the key sections to make sure we get right and that the wording isn’t “woolly”?

I know an EHCP is based on needs, not diagnosis, but if our child gets an ASD diagnosis a few months after (hopefully) an EHCP is issued, where do we stand in terms of being able to request specialist school settings (many of which near us require an ASD diagnosis). It feels a bit chicken and egg and I’m not sure if I’m thinking too much about it.

This all relates to a primary aged child.

Thanks and apologies for long post!

worry may not be explicit enough

If you mean the reports aren’t detailed, specified and quantified, ask the LA to go back to the report writers to make them so.

At the panel meeting, will the panel be presented with a draft version of the EHCP and be asked to approve its issue? Will we have an opportunity to view report before it goes to panel?

It varies LA to LA. Some LA have a draft go to a panel before it is sent to parents. Others don’t. Also, the ‘panel’ may not even exist - many years ago, a MN’er caught their LA out with a FOI request which showed the panel they claimed had made the decision for their DC didn’t exist.

And is there a period in which we can review the report and request adjustments?

If the LA is going to issue, you should be sent a draft by week 14. You will get at least 15 days to make representations and name your preferred school.

What are the key sections to make sure we get right and that the wording isn’t “woolly”?

All special educational needs should be in B. Each need must have corresponding provision in F and outcomes in E. The wording in F is important. It needs to be detailed, specified and quantified otherwise it isn’t enforceable. Anything like OT or SALT belongs in F as it is special educational provision - some LAs try to get away with putting it in G, but it should be in F as it ‘trains or educates’.

The EHCP must be reviewed at least annually. If it needs amending before then you can request an early review, although the LAs don't have to agree to hold one.

Thank you @OvertakenByLego

should we request that reports are specified and quantified before the request to issue panel meeting?

And with regard to an ASD diagnosis and a school placement - where do we sit with naming schools (that require an ASD diagnosis) on the EHCP?

thank you

I would request the LA goes back to the report writers now.

You can say your preferred school is an ASD school, but the LA may rely on “The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person” in order not to name it. And, if it is wholly independent some don’t accept DC without a diagnosis.

Watching with interest. I'm in a similar boat. I'm on week 25 and its probably about week 8 in LA time. No draft plan yet.....

YeOldeBuxomWench email the LA’s Director of Children’s Services reminding them of their statutory duties. If that doesn’t work email again threatening judicial review. Then, if that fails you need a pre-action letter.

I have submitted a complaint and have also done a SAR (to see what the hell they have actually been doing all this time) and an FOI to get an idea of what is going on in the department. I have also had two councillors approach them and was told not to take legal action as it would mean pushing other people down the queue and cost taxpayers money!

The thing is I have a non-verbal son with GDD and ASD that is probably at the developmental stage of a 20 month old mentally, but is physically very normal and very energetic and also eats non food items. He needs personal care and help with meals too. He needs a specialistplacement really. I have told them that he is starting mainstream in a few weeks and explained the situation but they have no urgency and don't prioritise those in more need.

They don't have enough EPs, so whilst I will try, I don't think it'll make a difference.

Of course they don’t want you to pursue legally proceedings. Delaying is saving them money. A shortage of EPs is not a lawful excuse. As you are finding, going via the normal complaints process is too slow in this situation. Threatening JR sometimes works. If it doesn’t a pre-action letter mostly will. Very few people get to a hearing.