Is this omission on ECHP draft legal? What would you advise as the next step?

My son’s EHCP draft arrived with an email stating that “I just want to highlight that as an Occupational Report was not requested at NA2, and xxx had been discharged from their service there is not any OT input in the draft. If a new referral for an OT is made for Ethan and subsequently we receive a report this can be added to his EHCP once it is finalised."

My child (6) has complex needs - a number of different systems involved
Speech disorder - Childhood Apraxia of Speech (CAS)
Physical disorder - Fine motor skills difficulties, gross motor skills difficulties, coordination difficulties - Developmental Coordination Disorder (DCD)
Social communication difficulties - Autism Spectrum Disorder (ASD)

Occupation report was requested at NA2 and request was followed up on 4 separate occasions. NHS OT reports from March 2023 and July 2023 are available. Provision recommendation from private therapist who sees him at school was submitted to ECHNA and acknowledged. Community pediatrician report refers to Occupational therapy need, neurologist report refers to occupational therapy need, Educational psychologist report refers to occupational therapy need and meeting with the private occupational therapist. School submission refers to occupational therapy need, intervention provided by private OT and daily OT activities with a TA at school. Section B states DCD and fine motor difficulties. Other sections in ECHP refer to fine motor difficulties but section E and Section F are empty for Sensory and / or physical: maintaining good health, with outcomes listed as “not stated” and also for Independence and preparation for adulthood.

Where do we stand with this and what should our next be along with notifying that we do not accept the draft?

Thank you.

Our child has ASD and anxiety (Yr 7).We are awaiting our draft EHCP. The EP has advised mainstream education with reasonable adjustments. We have lost faith in the school as they refuse to make adjustments and our child is unable to attend due to anxiety. The other mainstreams in our area are much bigger and unsuitable for our child. Would we be able to request an independent mainstream school on our EHCP, which is outside of our LA, on the basis it is a small and calm school which can meet our son's needs?

We want to name a small mainstream independent school in our EHCP, which is outside of our LA. Will the LA have to consider this request? Can they force us to accept a mainstream in our LA? If we pay for the mainstream independent ourselves, would we lose the EHCP?

I don’t want school to attend mediation. Refusal to issue. The school see no issues, whereas my daughter is in the verge of EBSA. They have never ...

... supported any referrals, despite my persistent requests since reception. I finally paid for a dyslexia assessment in Y3 which identified moderate dyslexia but recommended SALT & ASD assessment. The ASD referral was refused at triage as school information said she was fine. So I paid for those assessments too. She was diagnosed Autistic & SALT highlighted language difficulties, following instructions 0.4 percentile, her other scores were 2 percentile or below apart from 1 which was 40 percentile which is how SALT thought her lack of understanding was being missed. I have seen via SAR school stating my child has no issues & that it is me. The mediation company have invited the school and the Headteacher & SENDCO are attending. I really don’t want them there but the Mediation company said they have to. I also asked for just one decision maker from the LA attend but I have been told the manager & case worker have to attend. I have also been diagnosed Autistic & I feel intimidated. I thought it was up to the parties in the mediation to request who is invited, not the mediator.

Can my child be placed enrol if Sections B&F are still outstanding but I is agreed?

Appeal against B, F & I. The LA have conceded on I. Placement is a non s41 school which my son started last week. The LA have updated their position to tribunal & placement is agreed in the working document. We are not yet agreed on B & F but the outstanding issues aren’t going to result in huge changes to provision however the school have now informed me that until the plan is finalised he can’t be placed enrol, so can’t attend full time and his place is at risk as he can’t be in transition for this length of time. With the appeal date so far away surely I can’t be forced to agree B & F or lose the school ?

How does DWP decide whether a young adult qualifies for a Personal Independence Payment? (PIP)

My daughter is 18 and has no mobility issues but cognitively she functions like a much younger child. DWP have turned down her application for PIP because there is 'no evidence of cognitive impairment', despite the fact that she has attended a special school for children with communication difficulties since she was 7, and will continue into specialist further education.

DWP interviewed her and she talked very proudly about her achievements, such as travelling to school independently and flying to Portugal to visit a friend on her own. Of course she doesn't want to/ didn't think to emphasise that she flew in the care of the airlines' special assistance team, whilst her ability to navigate TFL to get to school is the result of rigorous travel training through the local authority. DWP are using this exchange as evidence that she doesn't need help.

She clearly has a learning disability, however the only formal diagnosis she has ever had is for ADHD more than 10 years ago. Her medical notes throughout childhood refer to global developmental delay but I don't think that counts as a diagnosis. Is she entitled to these benefits? Or is this really for physically disabled people? Most of her school-friends qualify, should I get her assessed in order to prove that she needs support?

Taking children out of school during term time

I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.

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?

My daughter has a draft EHCP. She has been learning online since January 2023 and we want her to continue and for it to be paid out of a personal budget. What do we need to have in Section F and I ? Is there any precedence for this?

Is it legal for the LA to enrol my child in a school without my knowledge ?

I am going to tribunal to appeal most of my son’s EHCP including the school named by the LA in section I.

He was on roll at a primary school till the end of year six but hasn’t attended for four years.

I’ve just found out by chance (I wasn’t notified of this by the school or the LA), that my son has been put on roll at the school named by the LA.

My son and I have been very clear that there is no intention or expectation from us that he would be able to attend this school as it can’t meet his needs and is completely unsuitable.

I’m concerned that the school may be receiving funding whilst my son is receiving no education from the LA.

Also, I’ve been told that if a child is on roll at a special school (which this school is), the parent had to ask permission if they wish to deregister to EHE.


Thank you

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.