EHCP draft, completely lost

[Holly221288]

Hi,

Thanks in advance for reading as I really appreciate it. As I’ve mentioned my son has just received his EHCP draft and I don’t even know where to start with it.

For a bit of background, my son is 8 (year 4) and has diagnoses of Autism (PDA profile), ADHD and DCD. He also has speech delay.

He has only attended school for two mornings since September. Throughout year 3 his mental health seriously declined due to attending school and his needs being unmet to the point that he was constantly saying he wanted to kill himself, trying to climb out windows etc.

School were unsupportive due to his high masking up until he stopped attending. I ended up applying for an EHCP in November and it’s been granted.

However the draft is very generic. I basically need to know what to challenge. I can’t see him ever attending mainstream or even specialist if I’m honest.

Do I need to request a personal budget or EOTAS?

Thanks so much

Go through all the reports, which should all be in K, with a fine toothcomb and highlighters.

Highlight all DC’s special educational needs in one colour and then all the provision to meet the needs in another colour. Each need should have corresponding provision.

Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F.

Make a note of anything the LA has omitted from the draft, any needs without corresponding provision, any woolly and vague wording, anything the reports have failed to include, and any reports the LA has failed to include.

When you go through F, look out for vague and woolly wording. For example, “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. Provision must be detailed, specified and quantified, otherwise the EHCP isn’t worth the paper it is written on and cannot be enforced.

When (it is a matter of when, not if) you find vague and woolly wording, check the reports to see if they are woolly and vague or whether the LA has watered down provision. If the reports are vague and woolly, ask the LA to go back to the report writers to make the reports detailed, specified and quantified. If the LA has watered down provision, request the LA stick to the wording in the reports.

Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, CBT, etc. in G (health care provision) when it belongs in F.

You get the chance to state your preferred placement.

EOTAS/EOTIS is possible if it would be inappropriate for provision to be made in a school. You will need evidence that it is inappropriate for the provision to be made in a school.

If you want to go down the personal budget route, yes, request that.

If DS is unable to attend school full time, is alternative provision in place?

@BrightYellowTrain i can’t thank you enough for your response. I will do exactly as you have said.

No AP in place other than one hour online gaming mentoring

The LA should be ensuring DS receives a suitable full-time education. On their website, IPSEA has a model letter you can use to request this.

@BrightYellowTrain thank you again. I think they are at a loss what education to offer as he can’t tolerate anyone coming to the house (even family) and doesn’t want to leave the house either.

What kind of things can you request in personal budget? How does this differ to EOTAS?

Dont worry at all if you don’t get chance to reply

A personal budget is the overall notional budget necessary to deliver the provision in the EHCP. The PB can be funded in different ways:
-Direct payments whereby you are given monies to organise provision yourself.
-LA or school controlled funds where they commission support directly.
-Third party arrangements where a third party is given the funds to manage on your behalf.
-A mixture of 2 or 3 of the above.

Personal budgets can be for the provision in F.

Someone may have a personal budget but attend a school (so therefore not have EOTAS/EOTIS). For example, someone may have a personal budget paid via direct payments for OT.

EOTAS/EOTIS means section I of the EHCP is blank when finalised. (Section I should be blank in the draft anyway.) It is when it is not appropriate for provision to be made in a school.

EOTAS packages are completely bespoke. They can include tuition (this doesn’t have to be formal tuition), therapies (e.g. SALT, OT, physio, animal-assisted, art therapies…), APs, exercise/sport, mentoring, cookery, accessing the community, music/drama lessons, equipment (e.g. sensory equipment, sports equipment), technology and assistive tech, resources (e.g. crafts, books), memberships (to whatever DS’s interests are), subscriptions (there are a huge number of subscription boxes/services from things like a Lego subscription service to craft boxes, to cookery boxes. Then there are subscriptions like audible, a gaming pass, magazines…), professional time (for things like preparing for and attending review meetings, leading and co-ordinating the package, planning). It really depends on DS’s needs and his interests. However, you will need evidence.

The LA is stalling. Even if DS cannot yet manage formal education, there is provision they can provide. Have a look at Spectrum Space boxes. How does DS engage with the gaming mentoring (is it Mindjam)? What are DS’s interests? How is he with online provision - both live and pre-recorded content?

@BrightYellowTrain I don’t know how to thank you for taking this time.

I really do think EOTAS is the best option for him as realistically I’m not sure if he will ever attend school again. Is it case of having to name a school and then basically fail at it? The idea of putting him through that is awful.

Spectrum space boxes look incredible. He currently engages well with Mindjam but it’s a very new thing. He often goes all in to stuff and then cuts it dead. His main interests are history, the armed forces and gaming. He needs a lot of support to engage with any kind of learning so I currently scribe for him and we do home learning in short bursts with lots of movement breaks, trying to make the learning as interactive/active as possible

Is it case of having to name a school and then basically fail at it?

Absolutely not. Despite what some LAs tell parents, having multiple placements breakdown or even 1 placement breakdown isn’t a prerequisite for EOTAS/EOTIS. Some DC begin EOTAS without having ever attended a school. What is required is evidence it is inappropriate for the provision to be made in a school. Sadly, many have to appeal.

He often goes all in to stuff and then cuts it dead.

This isn’t unusual, and it isn’t a problem. Such flexibility can be included in EHCPs and where it is appropriate, all the provision can be self led.

History and the armed forced are wonderful subjects to be able to run with. Look at mysteries in time boxes. As well as things like magazines, jigsaws, models to make, books, games. All this alongside therapeutic input. Then as DS feels more able to be around others and access the community, things like tuition (the content of which can be directed by DS and it doesn’t have to be sitdown formal tuition), visits to museums/places of interest, re-enactments, cinema/theatre…

They are STEM based, but DS might also like MEL science boxes. Or Kiwi Co crates.

Mindjam can run with whatever DS’s interests are. He could have move than one session a week. There are also other gaming possibilities. Once DS feels more able to leave the house, there may be a gaming AP within travelling distance - for the type of provisions I mean look at Overworld in Surrey, Tubers Academy have a few in person places and also offer some remote provision, Code Ninja, Player Ready.

If you are currently scribing for DS, you could look at assistive technology. For example, speech to text software. An EOTAS package should also include a tutor/TA/mentor (depending on the needs and provision covering). You can’t be required to deliver or facilitate the provision. Even if DS can’t engage with someone else now. You need the provision there to work towards once DS has had therapeutic input.

@BrightYellowTrain you have really given me so much valuable information and also confidence to put it into practice.

I had a call with the EHCP coordinator today and she said the best thing to do is for her to go to placement panel as it’s quite a complex case. She said EOTAS is unlikely due to his age.

She also said I don’t need to comment on the draft as it’s going to panel. I’m guessing that’s rubbish and I still need to send my suggestions/requests of things I want firming up and changing.

Thanks again so much

She said EOTAS is unlikely due to his age.

Ignore. Ignore. Ignore. The legal threshold for EOTAS has nothing to do with age. I have secured EOTAS for DC younger than your DS.

When you have the right of appeal, you may have to appeal, I’m afraid, many do.

She also said I don’t need to comment on the draft as it’s going to panel.

I bet she did. Make any representations that are needed.

@BrightYellowTrain sorry I’ve been unable to reply to you because of the PMs being disabled.

Absolutely fine if you don’t get chance to reply. The LA have agreed to increase his Mindjam. But have basically said the only two other options are an onsite AP or tutoring in a library. Obviously he can’t access either of these as he can’t even leave the house. I wouldn’t even be able to get him to access online tutoring at the moment as he only wants me to ‘teach’ him and it’s on his timeframe. Am I able to push this further?

Yes, you can take this further.

They aren’t the only options. Even if DS could access tutoring in a library/attend an AP and had Mindjam as well, that wouldn’t make a good comprehensive EOTAS package.

Have the LA finalised? Sorry, I can’t remember where you had got to. I had a few conversations going via PM and I know someone had finalised but can’t remember if that was you. If they have finalised, you can appeal now. If they haven’t yet, you can when the LA finalises. Hopefully PMs will be up and running again soon.

@BrightYellowTrain thank you so much for replying. I’m sorry if you are inundated trying to help people.

The EHCP has been finalised but the (interim) EOTAS package hasn’t. They’ve put it out to tender for APs etc. My worry is they don’t seem to understand the extent of his burnout, anxiety around leaving the house etc as the last email stated it would be good for him to go to an AP to get him out and about 🙈

Shall I just put an EOTAS package together of what I would like in an ideal world? Then they can say no and I can appeal.

Thank you again

I remember now. If the EHCP has been finalised, you must appeal. Don’t wait. And whatever you do, don’t let the right of appeal lapse. The EOTAS package must be detailed in F. Yes, you can put together a proposed package. Think about your evidence and consider independent assessments.

@BrightYellowTrain they have now done this ;
Sorry, I realise I issued child's plan and didn’t add a sentence about his EOTAS status. I have now added in the Cognition and Learning Section F, a sentence stating: ‘child will receive his education through an EOTAS package which will be reviewed on a 6 monthly basis.’

Is this adequate or is each provision meant to be outlined?

No, it isn’t adequate. Not by a long shot. It is wholly inadequate. Section F needs to explicitly set out all the provision that will be delivered by EOTAS (or since you need to appeal, EOTIS, which is the term currently preferred by SENDIST).

@BrightYellowTrain I thought so but was naively hoping not. Thanks once again for your help