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Provision for SEN Inclusion Funding in cross-county border situation
I could write war and peace on this so apologies in advance!
I have a two year old son who has Down Syndrome. Attends an amazing mainstream nursery full time who are fully supportive of him. Now he is two he is due to move to the next room, but his complex needs and lack of mobility means he needs additional support, and the staffing ratios in the room will not allow for them to give him almost 1:1 care, which he gets now (more by chance). We live in Hampshire, nursery is in Berkshire. We are right on the Hampshire/Berkshire/Surrey border so it's a fairly local nursery, my daughter attends the primary school it's attached to.
We have been trying to access Inclusion Funding since the day he started nursery and over a year later we still have none and are in a horrible gap. We have tried talking to Hampshire and Berkshire local authorities with each saying the other is responsible for the provision. My sons therapists (Physio, OT, Teacher of the Deaf, portage) are Hampshire based and cannot really go into the school to support as it's in a different county. We cannot access the Berkshire versions of these in school as we don't live in Berkshire. Can you see where i'm going with this?!
We requested an EHC assessment from Hampshire due to the lack of any support we are receiving and this has been declined on the basis that he is well known to Hampshire Children's Services and they feel his therapies are adequate for his needs and we adopt a wait and see approach. Well, this wait and see approach is meaning he cannot proceed in his development! We are waiting on mediation although Hampshire SENDIAS have said to cancel this and go straight to tribunal given our background.
I feel we are getting more confusion the more we investigate. Hampshire told us that there was definitely a reciprocal agreement in place with Berkshire to access Inclusion Funding, yet Berkshire deny this.
I have called Hampshire Social Services twice to beg for a disability social worker to support us in this (as well as some other things) and to call a Team Around The Child Meeting as i feel getting everybody in the room together would be the best thing. However despite me, as a parent, sobbing and begging for support i was told we don't fit the criteria (my son is considered 'age appropriate' and must have a lifelong disability - er, he has Down Syndrome?!) and to Google parent support in our area. Considering a formal complaint to them but mentally i've had to take a break.
I want my son to progress in nursery, to be able to move in the nursery with his peers, which is what is recommended for children with Down Syndrome (and i have this documented from a professional). However without the funding, we can't do this and I am fearful that the nursery, as amazing as they are, will not be able to support his needs.
Any advice on where to progress from here?!
Charlotte Wayman
23 Apr 2024
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School cannot meet needs of child but do not yet have an EHCP - what happens next?
Our son (6) is in a wonderful mainstream school. He has a diagnosis of a rare genetic condition that is linked with behavioural issues and/or learning disabilities. He clearly has severe behavioural issues but no formal assessment yet. The school have done everything they can to support him including almost full time 1-2-1 support. We were just about to start the EHCP process but his behaviour has deteriorated massively the last month. He is increasingly violent towards other children and adults, including his support person. He is spending 90% of his time outside the classroom. He has now begun trying to escape the building and has almost managed on a few occasions. He is now a health and safety risk for himself and others.
The school tell me they have run out of options and can no longer manage him with their current resources. We are having an educational phychologist assessment on Thursday but clearly we can’t wait a year or more for the EHCP process to run its course. Sorry for the long winded context but my basic question is, in situations like this is there any sort of emergency support or is an EHCP expedited? He’s a danger to himself and others in the present situation. There is a specialist school nearby but I’m unclear if we can approach them without an EHCP. Any advice on what to ask/push for/ do would be really appreciated.Inbal Harding
20 Apr 2024
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Can the LA refuse to make private provision part of Section F of my child's EHCP when I have evidenced the expertise does not exist locally and that it is required clinically?
My child is unable to eat or drink after suffering trauma at birth. A specialist OT intervention has been requested by his consultant but this is not available in our locality. I have exhausted all other options and found a private provider. The intervention must become an integrated part of my son's care to be successful. It must be carried out at school in the same way as at home so I need it to become part of Section F of the EHCP. The LA have agreed to include some of the advice as part of Section G. My child already has statements on his plan in Section F endorsing the need for consistency, routine and stability in all aspects of his learning. Can I use this as legal grounds to make the private intervention part of Section F?
Gill Golden
20 Apr 2024
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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.
Mark Walker
16 Sep 2023
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My son has a terrible EHCP in place (current review at draft stage), but he’s been rejected from a Sen school by LA, and mainstream nursery won’t have him as his EHCP doesn’t reflect his needs - what options do I have?
My son will be 3 in July. His current EHCP reflects very little needs, which is very inaccurate (his paediatrician has written that he needs 1:1 in mainstream, just for context). The LA rejected his school place request at early review quoting the child and families act, but didn’t actually give a reason why. The school we applied for takes from age 3. The LA have said they will consult with the school about looking into the school place April 2025. The mainstream nursery have said they can’t secure extra funding needed to support my son at nursery with his current EHCP as it is, so what options do I have?
I’m very confused if a school take from 3, why we would be rejected now but put forward for consideration next April instead as surely this is based on his current needs?Nicola Hood
17 Apr 2024
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Can the LA refuse to attend a dissagreement resolution meeting and / or mediation prior to Tribunal?
I'm working with a family who were thinking of cancelling their Tribunal (luckily they haven't). They have been offered a Disagreement Resolution meeting by the mediation service. I am unsure if this is the same as formal mediation? Having waited 4 weeks for a meeting date the mediation service has responded as per below. I am at a loss as to what to advise further to the family now. Is there no statutory duty for the LA to attend either disagreement resolution and / or mediation?
After contacting your Local Authority, we have now received a response from them to your voluntary Disagreement Resolution request. On this occasion, your LA has, unfortunately, declined to participate in this meeting.
We are therefore closing this case. This does not preclude the possibility of the LA contacting you directly to attempt to resolve the problem. If we subsequently receive a response from your Local Authority, we will contact you to discuss further.
You may wish to consult your SEND Tribunal about your alternative options for proceeding with your Disagreement Resolution request. -
What is the cost of moving an EHCP from one local authority to another?
Our son has an excellent and up to date EHCP and is extremely happy at a specialist school. How we the school is an hour in a taxi from our home. We would like to reduce his journey and move closer to the school. However we are concerned the new local authority would name a new school within the 15 day window they have to review his EHCP. We are concerned the cost to fight this could escalate.
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Interim Provision
The YP has been out of school for two years and the LA have not provided any educational provision. The Tribunal has been adjourned for the third time and the LA are supposed to provide suitable interim provision in the meantime. The YP has ADHD and the LA are proposing online learning which he cannot engage in. His assessments and EHCP note he struggles to remain seated for longer than 10 minutes and cannot concentrate for more than 2-3 minutes. A practical course that allows for movement is recommended. The YP wants a construction course (14-16 years) with functional skills maths and English. A local learning provider have offered a place using their own funding for the YP up to the date of the Tribunal providing an interim measure for the YP. The parent would like to accept this but the LA have cited section 42 (5)
The parent is not however suggesting that they wish to electively home educate at any point - in fact quite the opposite. They want to use this as an interim measure up to Tribunal where the placement is to be defined as sections B F and I are disputed and under appeal. The LA proposal for online learning does not meet need or provide the current provision listed in the EHCP and to date the LA have failed to provide any provision at all since June 2022. If the parent sends the child to the construction course in the interim given that there is no provision in place from the LA making it clear that this is simply an interim arrangement just until Tribunal and not elective home education can the LA cute section 42(5). Please consider that they are failing under section 42(2)Fiona Watson
04 Apr 2024
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We have EOTAS following tribunal, with provision specified in section F. It is now five weeks since we received the tribunal order and the provision ...
... is not in place - ie we haven't received the personal budget. We have received a pb contract, but it doesn't include all the provision in section F. Some of which is really clear (eg 38 weeks instead of 39) and some I think the LA would consider open to interpretation, though seems pretty clear to me. I don't want to sign a contract that isn't correct, but I do need the money ASAP to pay the providers. Is my best option just an official complaint? Is there any wording to quote to potentially speed things up? Thank you
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We are in the final stages of EHCP. We have requested EOTAS (to pay for online school) and a personal budget. The LA have said "County Independent panel have reviewed your request for EOTAS and personal budget to fund Kings Inter High, further information is required before EOTAS can be considered. We will be contacting F...... high school to establish if they are able to support funding Kings Inter High as E. remains on their school roll. We will also be issuing consultations to independent settings to establish suitability; these consultations will be shared with you before they are issued." My question is does the LA pay for EOTAS - why are they asking the school? The LA tried to unroll her from mainstream but we said they could not do this until they have provided alternative provision - and we request EOTAS - were we wrong to do so?
My daughter is happy at online school. She has tried two mainstream schools and cannot manage. She will not attend school in person and the EP report is fairly conclusive with this regard.
Angie Lee-Foster
17 Jan 2024