To give up with EHCP

[Getoutgetout]

My eldest has an EHCP. I had to appeal. The reports were shit. The thing was badly written. I got it improved a bit at annual review but had to formally complain twice to get the LA to respond. The school don’t follow the provision. Trying to nail that down in writing is like wading through mud.

my youngest also has sen and I’ve just won an appeal to assess. Actually the LA conceded when they had to respond to my appeal grounds.

i requested they seek information from various professionals. They haven’t responded.

my youngest is doing a lot better and I don’t think I can face it all anymore (the EHCP process). And wondering whether and how to do that.

Personally, I would continue. Your appeal was upheld because an EHCNA is required. What will you think if you don’t pursue the EHCP and 6 months/2 years down the line, things deteriorate and you need to request another EHCNA and potentially appeal again?

The LA behave like they do in order to try to put parents off.

If the provision detailed, specified and quantified in F of DC1’s EHCP isn’t being provided, you can enforce the provision, via judicial review if necessary. You can use IPSEA’s model letter to remind the Director of Children’s Services of their duty and threaten JR. If that doesn’t work, you can send a pre-action letter. SOSSEN can help with this for free. Some people look elsewhere because SOSSEN has a wait. Then, if that doesn’t work, you can look to pursue JR proceedings. If it isn’t detailed, specified and quantified so can’t be enforced, you can appeal when you next have the right of appeal.

I think realistically unless you can afford professional reports the specified provision is shit. Unless you can afford an advocate the ehcp is badly written. And unless you can afford lawyers you’ve fuck all chance of making sure things actually happen. I have been doing it all myself - watching the webinars, using the template letters, emailing etc etc

but I’ve reached the point where I’ve had enough. I could cope if it was just one but doing it for two kids on top of the challenging behaviour is too much. I feels pointless.

Lawyers and advocates are not essential to getting a detailed, specified and quantified EHCP. Many parents don’t have representation but are still successful.

Independent reports often are necessary. If you can’t afford them but you aren’t eligible for legal aid (which can fund independent assessments) there are charities, e.g. Parents in Need, who can help.

Enforcing provision and timescales don’t have to be costly either. For both, SOSSEN can help with pre-action letters for free. If the pre-action letter doesn’t work, proceedings are in the child’s name and they can be eligible for legal aid in their own right.

Personally, I don’t think pursuing EHCPs is pointless.