Q:

Process and EHCP Amendements post Emergency Annual Review meeting

Hi there,
I posted in the Tribunal section on 22.10.24 and the info and advice given was very helpful. My original question posted 22.10.24 is below - for context/history:
“Tribunal order- School now saying not appropriate provision for him citing - school structure, student cohorts, and his specific needs “


Fast forward, the Emergency Annual review meeting took place at school last week, with Headteacher, assistant Headteacher, SLT and Educational present.
It appears that there is a mis- match between my sons final EHCP document (finalised at Tribunal April 2024) versus how he presents at school, versus schools ability to implement section F of his plan and the Tribunal order ( dated April 2024).

What I would like to know is it appears the professionals i.e EP and SLT are backtracking from their original reports/recommendations as per submitted for Tribunal and which form large parts of his current final EHCP. The school have said that because the plan has become very specific they can’t implement large parts of it- citing school organisation, staff needs, the way the students are split into cohorts. I am worried individual strategies linked to my son will be amended to be less individual, can the school / LA / professionals legally do this as part of the AR process?

Extract of Section F EHCP provision below:

-Group Xx with children that are not prone to loud stimming or that have a need for constant movement in a lesson.

-4 times daily for 15 minutes each, provide a low arousal environment with soft lighting and minimal extraneous sounds e.g. library. In this session, teaches Xx academic concepts in a one-to-one ratio of adult to child.


I/ we eventually agreed in the meeting, that the school could meet needs but the EHCP would need to be amended as a result, in order for the school to implement. An example of the above two points (taken from EP report - under ''strategies''), were points school could not implement. The EP during the meeting said these were ''observations'' not recommendations..

I have chased the school for an update this week, and received the below reply:

''We are currently collating the reports from the other professionals and reviewing the EHCP within school. We are aiming to have a draft document that we can look through with you by the middle of next week''

Much of the Section F provision is linked to my sons OT needs, the school have said they have no dedicated OT on site, which is concerning. Support around Personal self care (dressing for example) and Teeth cleaning - very specific needs and targets which are in the plan.

I am keen to stay on good terms with the school and think the school can meet his needs- but at the same time ensure my sons needs are being met, his progress continues to be very slow but school do agree he needs extra support. He appears happy and settled at school.

Essentially, how can I ensure I work with the SLT / EP/ School /LA effectively to make the amendments to his plan, covering everything before it goes to panel?

Does updated advice from the EP / school speech therapists as part of Emergency AR meeting, supersede the info in his current plan (given it was only collated 6 months ago?)

School have said they will amend the AR document to show that the school provision is suitable, but instead say that changes need to be made to EHCP- how much weight will this hold with the LA?

I don’t want to miss anything, or take parts out of the EHCP which could be detrimental in future, I am worried how I should tackle this scenario.

What is the likelihood of the LA ''panel'' disagreeing with the school i.e about the placement? What if the panel say ''no amendments to EHCP'' i.e Maintain?

Where does it leave the original Tribunal order (April 2024)?

The process is very confusing, I do feel the school have been supportive but being a special school can only do so much. I don't think they are willing to make significant changes to school organisation / staffing etc to allow for the changes that my son needs, which leaves me in a difficult position.

Please note, my local SENDIASS was present at the meeting- but I don't feel they added much pre or post meeting unfortunately. I have tried to make contact with SEN SOS - but have been unsuccessful in getting through, so any help information or guidance would be very appreciated. Thank you very much.

SG

S G
29 Nov 2024

A: SenseCheck

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  • 01 Dec 2024
  • Other

    Other

    Other ...:

    I'd add to #9 that some parents may be eligible for Legal Aid.

    If so, you might consider exploring legal aid by calling the number for Civil Legal Aid: 0345 345 4 345.

    A note of caution is that it might be hard to find someone with capacity - so do not leave it until last minute.

    Aaron King

    Aaron King
    9000 Lives SEND Consultancy

  • 30 Nov 2024
  • Other

    Other

    Can't answer yes or no.:

    Morning SG

    Readers can see the earlier question, by visiting supportsendkids.org/question/1729582370685.

    1. The school have said that because the plan has become very specific they can’t implement large parts of it- citing school organisation, staff needs, the way the students are split into cohorts.
    The previous advice (that specificity is not always your friend) sounds like it was correct.

    2. I am worried individual strategies linked to my son will be amended to be less individual, can the school / LA / professionals legally do this as part of the AR process?
    Yes. They can propose amendments to the EHCP. You’d then get sent the EHCP in draft form and, if you disagree, it’s back round through mediation and a tribunal (although trying to find a solution without all that is normally a good shout).

    3. Much of the Section F provision is linked to my sons OT needs, the school have said they have no dedicated OT on site, which is concerning. 
    This is not uncommon. OTs often train school staff to deliver strategies. The “OT” in the provision often means Occupational Therapy and not Occupational Therapist. School staff can learn to deliver occupational therapy. In a special school, they’ll have plenty of staff who have delivered OT.

    4. He appears happy and settled at school.
    At the centre of this is a human being. The point you make here matters a lot. Thanks for highlighting it. We can lose sight of this sometimes.

    5. Does updated advice from the EP / school speech therapists as part of Emergency AR meeting, supersede the info in his current plan?
    Yes because it is based on more recent information about your child.

    6. I am worried how I should tackle this scenario.
    My advice would be to try to work to build bridges. That can be hard as you might already be perceived as litigious. School staff might not be as open with you for fear of things ending up in court.
    That’s not necessarily a fair thing for them to think (sometimes parents have no alternative), but it’s good to have the clearest idea possible of what cards you may or may not hold.
    And how much do you trust them? You suggest your child isn’t making very good progress. That doesn’t indicate you have confidence in them either.
    And that’s why I go back to the advice re local SEN advice. Because, if you don’t have confidence in them, there’s someone independent who, if having seen your child thinks you or school are markedly wrong, they might say.
    If they aren’t saying much, then it’s unlikely that the school or professionals did anything outrageous. Otherwise SENDIASS should have mentioned it during or after the meeting.

    7. Strip this back and what do you want? A happy child who is learning?
    If so, the aim is to get to the point where you are happier. That’s tough and probably needs both sides to redouble their efforts to find solutions that work for your child and the rest of the children in the school.
    In doing this, it might be a need to, sometimes, find the least imperfect compromise.

    8. Extract of Section F EHCP provision: Group Xx with children that are not prone to loud stimming or that have a need for constant movement in a lesson.
    On reflection, this might have gone down badly with the school. School leaders might have seen it as discriminatory because it says that they must not group you child with others based on a protected characteristic of those other children.
    Because it got written into the EHCP, the school must do it. General advice has been turned into a legal duty on the school.

    9. I don't think they are willing to make significant changes to school organisation / staffing etc to allow for the changes that my son needs…
    That’s not impossible, but go back to the point about your son’s provision being articulated in ways that would discriminate against others due to their protected characteristics. They might perceive that point is asking them to break the Equality Act.
    Try the boot on the other foot… How about if another parent at the school had a legal document (e.g. an EHCP) that banned their child being placed with your son based on an aspect of his disability. How would you feel? How about if it was several parents who had a legal document that contracted the school to keep their kids away from your son because of his disability? How would you feel then?
    I can take a guess at what your EP or EHCP might have intended, but the way it seems to have been written is, at best, very clumsy.

    I’ve done my best to answer as many points as I can. This sounds like a situation where you may be better with specific SEN advice that allows a two way conversation in a way that this site can’t… IPSEA have a help line, or recommend you try SEN SOS again.
     

    Aaron King

    Aaron King
    9000 Lives SEND Consultancy