Broken SEND #9

The stress levels today are almost intollerable.  Another 3am wake up and unable to get back to sleep.

Lots of families of SEND kids find the run up to the start of a new school year very difficult.  It is a time of transition from the familiarity and comfort of the summer holidays, to a new term, new year, sometimes a new school.  And it is a time that needs to be very carefully managed to make sure that the child / young person can make that transition successfully.

In my case, we have three things ongoing that are affecting this process.

1. The LA have changed their rules and processes around EOTAS (Education Other than At School) provision.  They have a bank of AP (Alternative Provision) organisations and can now send round an EHCP with some details about the child / young person, and will pick any / the cheapest who claim that they can meet needs.  This is just what Hampshire County Council have done and found a start up one-person band who have made such a claim.  So, they have decided to ditch our current provider and go with the new.  After an immediate knee jerk reaction from us and our current provider, the LA have graciously allowed a term for a handover.  What they haven't specified is: a) what that handover will look like, b) why this new provider can meet some very specific aspects of our son's EHCP, and c) given us the opportunity to put in a request for a Personal Budget to provide some of the provision as stipulated in the EHCP.

2. Because the EHCP finalised in April is a complete pile of garbage, made up of quotes from professionals which are, in some instances, over 10 years old, and which misses out a key element relating to health, we are appealing the EHCP.  The SEN Tribunal service have got back to us with a date for the tribunal hearing which is after my son turns 25, making the whole process moot.  I am now in the tortuous process of requesting an amendment (a SEND7 form that anybody engaging with Appeals will get to learn all about).  At the same time, the Tribunal team have provided a timetable for pulling together all of the paperwork for the Appeal with a deadline of November this year.  And the LA have sent over a first draft of the Working Document which aims to highlight all of the areas of agreement and disagreement with the EHCP.  I will very shortly blog about SEND7 and the processes around Appealing because others will find this useful.

3. I submitted a complaint to the LA a while back as they had failed in their duty to deliver the provision specified in our current EHCP.  After a long and detailed process, the LA, investigating itself, came up with the conclusion that they agreed with my complaint, and then added that they felt there was sufficient mitigation to not need any redress.  The mitigation, absurdely, was that it was all my fault because I tried to help secure some of the provision.  So, in trying to help out, suddenly the LA is let off the hook.  So, I need to further escalate this to the Ombudsman.  Yet another long and painful process.

And, I have reached the point in the process whereby we are very unlikely to get a solution that helps our son get the education that he deserves or needs before he falls off the end of the conveyor belt at 25.  Even people close to me are starting to ask the question: is it worth it?

I have asked, repeatedly, for a meeting with the LA to talk through some of my concerns and to learn more about what they are planning.  I need to have this clarity before I can talk to my son about his education.  The LA haven't said they won't meet with me, but they haven't agreed either.  Because I have a Reasonable Adjustment lodged with them to respond to my emails within 48 hours to prevent escalating anxiety, they do respond to me.  But they don't set up the meeting.  This is going to lead to another complaint, of course.

So, we are 5 days away from the start of term, with three of those weekend and bank holiday.  Days when the LA won't be working on this, but I will.

I need to have a discussion with my son about what will happen next Wednesday and I really don't have the information to be able to tell him what is happening.  And, he needs time to process and adjust to the transition.  One week is the minimum that is recommended and that is what we apply.

So, through the intransigence of the LA, I am going to have to pull him from his education next week, and tell him that his provision hasn't been agreed yet and that I am waiting on a meeting with his current provider and the LA.  This is the only solution that is a) honest, and b) not going to cause stress for him.

But at 3am in the morning, it sure causes me stress.  

It reminds me of the quote from HCC's Children and Young People Select Committee report from the Director of Children's Services, Emma Steele.  "It is therefore important to note the number of appeals received is not a negative reflection on HCC decisions or processes".  Reassuring to note that my lack of sleep isn't a consequence of bad decisions or processes from public sector employees paid out of our taxes.

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