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Do we have discretion in choosing secondary place for child with EHCP?
We are about to give a list of schools for local authority to consult for our ASD/ADHD daughter with EHCP. A number of specialist Austistic schools have told us she wouldn't be suitable as she has a PDA profile. We feel mainstream ARP provision would be overwhelming and current trend towards school refusal would continue/deteriorate; there are in any case hardly any places available locally. LA have said if we get no offers from anywhere then she will just be placed in mainstream. What are the options when/if this process hits a dead end?
Patrick Clifton
10 Oct 2023
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What is the best evidence to support a residential placement for further education (19-25?)
My daughter is 18 and would like to go to university, but this is out of reach as her learning disabilities prevent her from achieving GCSEs let alone A-levels. She is very frustrated and unhappy about being left behind by her peers/ siblings and this causes daily friction at home as she feels - in her own words - 'isolated'. She is very independent in some ways, e.g. having received intensive travel training she navigates London transport easily. However, she is emotionally extremely vulnerable, quite lonely and easily manipulated by anyone who offers friendship. We have already had to step in on two occasions with interventions from CAMHS and her school to prevent this, and can see the seriousness of these incidents escalating as she matures. We are concerned about her safety, her mental health and her ability to progress in education and independence.
We would like her to attend a residential college so that:
- she can make friends who are on her level, whilst learning to distinguish between genuine friendship and exploitation in a safe environment
- she is expected to work full time on practical, vocational skills with the appropriate level of support, repetition and consistency to become truly employable
- she can learn to manage her own finances, laundry, shopping, cooking through a waking day curriculum
We see this as an important stepping stone towards independent living, as she can master new skills but only with intensive training and support.
The local offer would be a part time course within a large mainstream college and she would not be safe there, especially when so much of her week would be unaccounted for while the family is at work and school. There are specialist colleges nearby which would be safer, but only for the 3 days a week that they offer, leaving her at a loose end the rest of the time. In addition, the curriculum at these colleges is very similar to her post-16 'employability' course at her current school, so she wouldn't be progressing much or learning how to work full-time in a practical job, unlike the residential colleges which have indicated that they could meet her needs.
I have asked CAMHS if they can write a letter to support our argument that a residential placement is necessary but they are reluctant to do so, despite having documented one intervention earlier this year which specifically references her 'friend' persuading her to steal on her behalf. Here is what they said: "I have been advised that we have to leave the Local Authority to make the decision without any input from CAMHS. They have explained that they are responsible for the plans, and we only confuse things by getting involved"
Surely we need input from experts close to her, and CAMHS are our only port of call here? My only other entry point is a social care referral and I have made a request but it seems to have gone into a black hole with the local authority.
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Still waiting for EHCP, son not coping in state school
We started the EHCP process in Feb 23, and we still haven't seen a draft plan. There's been huge breaks between specialist appointments but we've finally spoken to the educational psychologist. We're nearly at 30 weeks since this process started.
My contact at the council isn't responding to me.
Can anyone advise who I should be contacting within a council to get an update.
My son has just started a mainstream school and has become violent and isn't receiving much support as we don't have this plan.Helen Murdoch
20 Sep 2023
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Legally, can the LA name a special school on the current EHCP, specifying a start date for next September (2024), and stating that they agree EOTAS until then?
We suspect that the school is unsuitable for our daughter aged 12. The LA have offered EOTAS in the interrim, until the school place becomes available in a year's time. We do not know whether know whether our daughter will be in a condition to be able to go back to school at that point, but suspect not, so would prefer the EOTAS to be unlimited.
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Can we appeal for transport to specialist school if we've said we'll organise it?
D14, autistic, SPD has been given a placement at an independent specialist. Nearest mainstream said they could still meet need (though they have to say that, right?) so we've had to agree to transport my daughter. Daughter lives with dad (my ex) and he now says he can't transport every day (he's a lecturer and his work can't put all his lectures during her school hours). I'm 90 minutes away and disabled. The EHCP is still in draft as moved from one LA to current after draft received and EHCP is vague and missing huge amount of necessary detail. Annual Review to be held 6 weeks into first term to transfer ECHP into new LA's format etc. Main issue for my daughter is environment so mainstream could meet academic need but she'd not be able to attend as she needs a small, quite setting. Is there any point trying to appeal this? Do I wait until the Annual Review and hope the EHCP is more detailed and therefore it's easier to prove that the mainstream can't meet need? Very frustrated that I've worked for a year to get her an EHCP and a suitable placement for her to risk losing it!
Lindsay Ellis Holland
25 Aug 2023
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Should an LA go out for consultation to schools to see if they can meet a need with a draft EHCP which has not been agreed by parents and excludes much of the expert evidence?
We are applying for an EOTAS package for my autistic daughter who is in burnout and cannot access school. We have an EP report, specialist OT report and CAMHS letter to confirm that EOTAS is the most suitable education for her and we have carefully put together a detailed (and reasonable) package mapped against the needs, outcomes and provision detailed in the expert reports. The draft EHCP we were sent in response to this excluded a lot of the evidence from the expert reports which indicated EOTAS and that specialist support was needed and then sent this draft to panel and out to consultation to schools before we had returned our comments (on time within the 15 days) which highlighted the evidence which was missing. Is this right, as any consultation will be based on inaccurate information/plan? The LA are consulting schools as they need to be satisfied that educating her in a school is inappropriate - even though all the expert evidence clearly shows this?
Also we are being told that we cannot include any details in the EHCP about the skills and attributes the person providing the provision must have e.g. trauma informed, SEMH experience. Is this correct?
Any advice would be very much appreciated. -
Can a parent be special educational provision
My child has been experiencing EBSA since early 2022.
The Educational Psychologist report states that my child is experiencing separation anxiety. The report states that my child was able to access education in a 1:1 low arousal setting with a trusted adult and mum there with her. During the APDR cycles, the EP and school tried to support my child's separation anxiety, however this proved unsuccessful and the trauma led to my child refusing completely to engage with school.
The EP states that strategies need to be offered to support separation anxiety and that there needs to be close liason between home and school, with supported visits to the setting with mum.
Does this suggest that the parent (mum) is a special educational need, and if so, what is the relevance of this? Can this support EOTAS? If the parent voluntary agrees to be the person "key worker", can they be the one to support the child with accessing section F, so for example a provision is that child have a choice of 2 activities per week, linked to strengths and interests, to engage in social communication and interaction, with 1:1 support who is attuned to the child and understands their behaviour; can this be the parent?Michelle Wood
16 Aug 2023
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If a school states that placing your child in their school renders the efficient education or use of resources. Is a judge still likely to overturn this if witness statements and evidence from the schools support their view point. What evidence can I bring to challenge this?
I will need to submit further evidence before the hearing.
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LA duty to support during school holidays
Good Afternoon
School Holiday Help!
Bear with me it’s a long one, we have 4 year old boy/girl twins. Who are off to separate schools come September my girl the local mainstream and my boy ASD hub another mainstream. For the last 2 1/2 years they’ve attended preschool together, my boy has had a 1:1 for a good portion of that time and although they really didn’t have to they have absorbed the cost for this during holiday club. They are happy to keep him during the holidays but we need to fund 1:1.
I have been trying since April to get something sorted. I initially applied for participation funding but the form was lost, I then applied again and was told to also apply for a carers assessment which I did. We’ve just had that back but it seems the social worker had done an assessment for participation fund which I asked her several times if this was the case as far as I was concerned the participation and the carers assessment were two very different things so wasn’t sure why she was involving herself in it.
We’ve been given 6 hours for 6 weeks only (which isn’t what I was asking the social worker for) my bill for the twins is close to £2,500 for the summer. We’ve had to take a mortgage break to pay for it.
We both work full time and have no family locally and I believe my son should have the same opportunity as my daughter, and our family have the same opportunity to work as other families do (and not working isn’t an option)
I have tried everything we have one SEN play scheme for his age which is only available to book 1 day a week and is grossly oversubscribed. The HAF activities all ask he has a 1:1 and are at schools/playing fields and he’s a runner he’d be out of there. Childminders/nannies don’t wanna know about school holidays only.
I’ve raised a complaint with LA about the way the whole thing has been handled but also about lack of services.
Do I have any more options? What is the LA’s duty in supporting us? I remember reading something in the children’s act about them having a duty to support parents who wish to work/study? Could I call an emergency review of his EHCP to look at the social care element as his needs are currently met during term time we can muddle through.
Erm yeah just help! Thanks if you got this far!Alex Price
08 Aug 2023
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We were issued an EHCP over the summer for my 7 yr old daughter which left out SALT and OT input, even though we supplied very detailed private ...
... assessments in both these areas - these are the two largest areas of need. The LA told us they would update the EHCP when the NHS OT/SALT had seen our daughter. As the time was running out for mediation or appeal to be triggered and we still had an EHCP that was not fit for purpose, we initiated mediation. Mediation is now December, the OT and SALT reports have just been done. Yesterday, through the mediator, the LA sent the NHS OT and SALT reports with a word version of the current EHCP, and asked us to mark up what changes we want. Are parents really expected to write the EHCP's with no qualifications, having no idea of what a good EHCP should look like? I'd like to know what should happen in the process, and what's the most practical thing for us to do now - if the best shot at getting what we need is to go back and pay a private EP to review and make changes, then I'll have to take it, but seems unbelievably unfair. Doubt they will do it in time of our December mediation date, in which case we will have to move the mediation date. Any advice would be really appreciated! Thank you.