We've just got our first EHCP. We're unhappy with the provision. What can we do? — Scope | Disability forum
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We've just got our first EHCP. We're unhappy with the provision. What can we do?

chrish74
chrish74 Member Posts: 4 Listener
edited May 15 in Education
Hi we have just got our first EHCP and already school is saying can’t give sensory breaks and poor provision for his dinners ie they expect him to sit in headteacher’s office. Already tried this and it doesn’t work don’t know what to do thanks. Ps don’t know how much other stuff he isn’t getting all they say is we are a mainstream school.
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  • Tori_Scope
    Tori_Scope Posts: 8,735 Scope online community team
    Welcome to the community @chrish74 :) Thanks for joining! It's great to have you with us. 

    Just to let you know, I've moved your post into our category for discussions relating to education. I've also tweaked your title so that your post will be easier for other members to find. 

    I'm sorry to hear that you're unhappy with your first EHCP. You may find our page on challenging EHCP drafts or plans helpful. 

    As suggested on that page, you might want to consider getting in touch with IPSEA, who can provide independent advice. 

    I hope that another member who's been through something similar will come across your post soon! You're certainly not the only person who's been through this. I'm also wondering whether @L_Volunteer will have any insight to offer on this when they're next in. 

    Would you feel comfortable telling us a little more about your child's situation? This may help us to give you more tailored advice.  
    Online Community Coordinator, she/her

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  • L_Volunteer
    L_Volunteer Community Volunteer Adviser Posts: 2,364 Pioneering

    Hello @chrish74. Welcome to Scope’s forum. It is great to see you have joined us. How are you today?

    Thanks for reaching out to us. I always appreciate how much courage it can take to reach out, especially the first time.

    Overall, I am hearing that you have got your first EHCP but the school is already saying the provision can’t be provided. Please may I ask, are sensory breaks and provisions for his dinners included in his EHCP?

    If sensory breaks and provisions for his dinners are stated in his EHCP and these are still not being followed, it is illegal. If this is the case, you can complain to the school or local authority in the first instance. In the second instance, it would be about taking it to the tribunal.

    If his EHCP does not state sensory breaks and provisions for his dinners, I would encourage you to appeal the EHCP to your local authority. They need to ensure it is suitable for his needs and circumstances.

    I hope this is at least semi-helpful. I am also wondering, would you like to share more with us about how you are all feeling at the moment? We are here for you and your family if you need anything. 

    You don't have to face this, or anything else, alone if you don't want to. I will look forward to hopefully hearing from you again soon  :)

    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her.
  • chrish74
    chrish74 Member Posts: 4 Listener
    Hi yeah it does have dinners in plan says small group away from hall, and requires prompting she has offered heads office again but this doesn’t work as they sometimes rush him out as need office and can have a friend in only if they want to come in with him and yes at least 2 sensory breaks a day of 15 minutes each. We have gone through hell to get plan started June 2021 only just finalised and they have named mainstream secondary for September even though a provision with ASD unit on it said they can’t meet needs on plan he can’t go into classes with 30 kids hasn’t for almost 2 years now thanks.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser Posts: 2,364 Pioneering
    Hi @chrish74. Thanks for your response.

    I can completely hear your frustration. Support listed in the EHCP legally has to be followed. In this situation, I would encourage raising these points with the school senior leadership team and/or your local authority. 

    I also hear it is frustrating that the EHCP has named mainstream secondary for September even though a provision with ASD unit on it said they can't meet needs. Is there something in the provision that can be met in the mainstream secondary school that can't be provided in the provision with ASD unit? As I said above, the school legally has to meet the needs of your child so might be worth raising this with your local authority too. 

    I hope this at least semi helps and I will look forward to hopefully hearing from you again soon  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her.
  • chrish74
    chrish74 Member Posts: 4 Listener
    The mainstream that they have named have not even seen the EHCP  yet but from us talking to sendco there as other son is in the school she feels they definitely won’t be able to meet his needs so don’t know what will happen he will more than likely refuse to go as can’t go into large classes thanks for the advice.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser Posts: 2,364 Pioneering
    Hi @chris74. That's really upsetting. I hear you that he can't go into large classes and this might lead to him refusing to go to school.

    Is this something you would feel comfortable talking to your local authority about? I feel they are best placed to support you through this.

    It might involve making some adjustments and re-reviewing the EHCP. The mainstream school legally has to follow the EHCP though, just as with any other school (or pre-25 setting).

    In the meantime, I just want to check in on you. How are you finding all of this? It sounds really tough and we are here for you if you would like to talk to us more about how you are feeling.

    We are all here for you and your family and you don't have to go through this, or anything else, alone if you don't want to  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her.
  • chrish74
    chrish74 Member Posts: 4 Listener
    It has been really tough the LA are aware as he has been in small nurture group for 1.5 year now that’s why we applied for EHCP and at the beginning all they said was you need to just get him in school easier said than done that’s why the are consulting with our choice a special ASD school but say it’s full think they just named mainstream so they could finalise the plan but we are Ill with it wife has crohns and has had flair up due to stress but we will keep fighting we have just been in touch with coram clc to assist us at tribunal thanks.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser Posts: 2,364 Pioneering
    Thanks for your response @chris74. I can hear just how frustrating and stressful it is for you and your family at the moment and understandably so. As a parent, all you want for your child is the support that meets their needs as that is what they deserve.

    I can imagine it feels like a fight when they are saying you "need to just get him in school". You are aware it is easier said than done due to the challenges associated with this. Have you discussed this with anyone else or would you like further support with this?

    You can always appeal the EHCP with the local authority if this is something you feel is necessary. It sounds particularly difficult that this has coincided with your wife's chrons flair up though due to stress.

    Please make sure you are looking after yourselves the best you can. Has your wife got the support she needs and deserves to get through her chrons flair up? I can imagine that's never easy but especially not when stressed.

    You have done a really positive thing in getting in touch with coram clc to assist you at tribunal. I am wishing you the best of luck with this. If we can do anything to support you further, please don't hesitate to reach out to us.

    We'll happily support you through this journey. You don't have to face this, or anything else, alone if you don't want to  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her.

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