What do I need to say to the EP to get an EHCP?

Hi there, my daughter is 3.5 years old and has recently been diagnosed with ASD and she is due to start school in September 2024. On 4th January 2024 the EP is coming to assess her at nursery for the EHCP process. I am really worried about this as when (a different) EP came to visit her before they said ‘there are other kids in this position that will not get an EHCP’ - however I (and the nursery SENDCo) don’t see how my daughter will be able to cope or learn anything at school without an EHCP. So basically I’m super worried the EP is going to assess my daughter based on what our local authority can afford rather than provide her the care that she needs.

I’m sure this is a common question but greatly appreciate any help!

Can an inaccurate (or out of date) Section B & E be challenged at tribunal?

Support SEND Kids has been contacted by many parents who are frustrated that their child's EHCP contains inaccuracies or includes out of date behaviours. Despite requesting the EHCP be updated at review, the school and/or local authority ignore these requests and continue to submit inaccurate EHCPs to families. At the point of phase transfer (11+/16+) these inaccuracies, in Sections B & E, have a detrimental impact on which schools will consider the child. Can a tribunal insist that a local authority revise/re-draft an EHCP?

Decline to issue appeal: LA says school can meet needs with notional budget but school is not doing so. Is this a valid argument at appeal?

My daughter's EHCP has been declined after assessment on the grounds the school can meet needs through local offer / OAP. She is high masking ASD and as a result her needs are easy to miss in a busy mainstream environment. I sought her diagnosis privately and requested EHCNA myself as a result. She is entirely overwhelmed, distressed and attendance has dropped off completely and I cannot work as a result.

The LA have argued that needs can be met through OAP and external agencies. This is where I feel she has been let down by school. No outside agencies have been involved and the school did not submit any evidence of a graduated response to meeting her needs. I do not feel the LA EP report adequately illustrates the impact on her. The EP interviews were all online and felt quite light touch.

I feel stuck between the LA saying the school can make provision which the school ultimately cannot / will not. The LA summary of assessment has quantified, clear recommendations for 1:1 provision. Even if her primary school find a way to support her now in Yr5, I do not see how she will cope at a mainstream secondary and no acknowledgement of her proximity to transition has been made. Appeal evidence deadline is May, appeal date is Feb 2026 when she will be in Y6 and we've missed the 'transfer window' for secondary applications.

Thanks in advance.

What are the current legal hours of education provision from over 19 year old with an EHCP

My young person has been offered a provision of only two and half days. I am queuring whether this is legal and if there is a set number if hours that need to be provided.

Can we refuse an early annual review when an appeal about the contents is underway?

School want to do an early annual review after only six months, whilst I am doing an appeal about the contents of the original EHCP. I am worried it will complicate matters and also potentially further reduce provision.

Tribunal order- School now saying not appropriate provision for him citing - school structure, student cohorts, and his specific needs

Child is 13yrs old, attending special needs maintained school (yr9) diagnosis of severe learning disability.
I went to Tribunal earlier this year (April 2024) re appealing Sections B & F of the EHCP. LA professionals incl SLT, OT and Educational Physiologist reports were complied as part of the reassessment of his needs.
The EP report I felt was a fair representation of my son's needs, in particular (as example) citing his sensory needs related to the classroom environment, low arousal, to be in a classroom environment with peers with low sensory needs i.e ''no stimming'' as an example.
The LA SLT report recommended he needed 1:1 TA hours for core subjects, 15 hours, weekly for core subjects- English, Maths, Science, PSHE.

The Tribunal hearing was held in April 2024, with the Final EHCP issued by the LA in July 2024 (no amended Final draft EHCP issued, only Final).
An 'implementation' meeting was held with the school at the end of September, with a detailed plan given to me by the school of how they had started to implement the 1:1 hours TA hours weekly and an updated timetable was given to me. At the end of the meeting I checked whether the school had received the Final EHCP to which they responded they hadn't- they had only been working off the Tribunal order. At this meeting, there was no indication from the school that they wouldn't be able to meet my son's needs and the Tribunal order, it was a positive meeting.

On 14.10.24, I received an email from the school saying that after reviewing the Final EHCP, and discussions with the senior leadership team they felt that the

' School was not the most appropriate provision for Xxx. Given the structure of the School, and the nature of our student cohorts, many of the elements within our school are not compatible with the specific needs that have been identified in the updated EHCP''

School said they would be arranging an Emergency Annual Review meeting, I have yet to receive the date of this meeting.

My son is very happy and settled at school and a possible change in placement will have significant negative impact on him and us as a family (his Dad and I are separated).

Where do I stand legally and how do I best prepare for this meeting please, and also preparing for the worse case scenario? I am very worried.

Does the LA have a duty to make a decision, and notify parents of that decision, following an EHC Plan review, if there is an ongoing appeal?

I registered an appeal for my Child’s Ammended Final EHC Plan, the LA had already agreed to review the plan, and indeed after the appeal was registered by tribunal, an EHC Plan review meeting was held; all professionals within that meeting stressed that the named school on my Child’s EHC Plan was unsuitable, the LA now claims that due to the ongoing appeal, they will not finalise the review or issuing a notice of the outcome of the review.

The LA instead intends to make make applicable changes to the working document, based on the review outcomes, but I find that this:
- frustrates my rights to appeal the outcome of the review
- confuses the working document by introducing changes outside of the scope of appeal, e.g. sections A & E

My son's ehcp was granted but the council have refused to write 1:1 support in section F, despite their Educational Pyschologists specifying that he needs this. Instead they have written 'individualised' which does not constitute the same thing. The case officer stated in email that they are not allowed to write 1:1 support. What legislation applies to provide the right and specified provision - along with the quantity of how often they should receive this? They also finalised section J, despite providing a personal budget as requested which is to be used for OT services. Any advice would be kindly appreciated. thanks

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?

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.