SEN EHCP mediation - anyone any experience?
Discussion
Our Son has an ASD diagnosis. He's just had his Statement (of educational needs) changed to an EHC Plan.
Between the draft and the final version the local authority changed Section F (Education Provision) without any consultation with us (in fact we've never once managed to speak to our SEN officer during the whole 10 month process). We disagree with this change, but we are happy with the content of the rest of the EHCP, including the named provision in Section I (for now, when he goes to Secondary this will be different, hence wanting Section F to be correct).
We hope mediation can help as this is a very specific disagreement. We'd talk directly to the SEN officer if she ever responded. As the plan in now final, we have no choice but to go down this route, followed by tribunal if it come to that.
We hope we can factually list the relevant wording within the plan (it makes specific mention in 5-6 places) which support the original Section F wording and ask why it was changed without any consultation. Is this enough to go on?
Has anyone else gone down this route? Any advice?
Between the draft and the final version the local authority changed Section F (Education Provision) without any consultation with us (in fact we've never once managed to speak to our SEN officer during the whole 10 month process). We disagree with this change, but we are happy with the content of the rest of the EHCP, including the named provision in Section I (for now, when he goes to Secondary this will be different, hence wanting Section F to be correct).
We hope mediation can help as this is a very specific disagreement. We'd talk directly to the SEN officer if she ever responded. As the plan in now final, we have no choice but to go down this route, followed by tribunal if it come to that.
We hope we can factually list the relevant wording within the plan (it makes specific mention in 5-6 places) which support the original Section F wording and ask why it was changed without any consultation. Is this enough to go on?
Has anyone else gone down this route? Any advice?
Hi there, our daughter has an EHCP but it was new and not changed from the old Statement. I have joined a Facebook page called EHCP Experiences England. It is incredibly helpful and there are some very knowledgeable people on there. If you are on FB then its definitely worth joining. I hope that helps and good luck!
Thanks for the replies. 
Hadn't heard of the Facebook group. Thanks for suggesting it. I've requested membership.
In the unit where my son currently is, it now appears all three of us that have Bucks as their county are going to mediation/tribunal. That's 100%. Explains why the council tax has gone up so much - got to pay for all that legal representation somehow!
Hadn't heard of the Facebook group. Thanks for suggesting it. I've requested membership.
In the unit where my son currently is, it now appears all three of us that have Bucks as their county are going to mediation/tribunal. That's 100%. Explains why the council tax has gone up so much - got to pay for all that legal representation somehow!
Bucks CC are a real pain on SEN.
We've been through mediation with them and although the process is fine and mediators helpful, they are underhand and solely interested in money.
We felt as though mediation was a minor victory on conversion from statement to ehcp, having learned a hard lesson at an Sen tribunal on the old Sen statement.
In the eyes of the law they should only change things if there expert evidence base gives them reason to do so. Usually it means they have new reports from the support professionals that work with your child, it's vital you have read these really thoroughly if you haven't already. Have they had new tests done very recently?
When you say SEN officer do you mean someone from Bucks CC or the school senco?
We've been through mediation with them and although the process is fine and mediators helpful, they are underhand and solely interested in money.
We felt as though mediation was a minor victory on conversion from statement to ehcp, having learned a hard lesson at an Sen tribunal on the old Sen statement.
In the eyes of the law they should only change things if there expert evidence base gives them reason to do so. Usually it means they have new reports from the support professionals that work with your child, it's vital you have read these really thoroughly if you haven't already. Have they had new tests done very recently?
When you say SEN officer do you mean someone from Bucks CC or the school senco?
EVLATECOMER said:
Bucks CC are a real pain on SEN.
We've been through mediation with them and although the process is fine and mediators helpful, they are underhand and solely interested in money.
We felt as though mediation was a minor victory on conversion from statement to ehcp, having learned a hard lesson at an Sen tribunal on the old Sen statement.
In the eyes of the law they should only change things if there expert evidence base gives them reason to do so. Usually it means they have new reports from the support professionals that work with your child, it's vital you have read these really thoroughly if you haven't already. Have they had new tests done very recently?
When you say SEN officer do you mean someone from Bucks CC or the school senco?
Hi. Thanks for the reply - interesting, if not reassuring! We've been through mediation with them and although the process is fine and mediators helpful, they are underhand and solely interested in money.
We felt as though mediation was a minor victory on conversion from statement to ehcp, having learned a hard lesson at an Sen tribunal on the old Sen statement.
In the eyes of the law they should only change things if there expert evidence base gives them reason to do so. Usually it means they have new reports from the support professionals that work with your child, it's vital you have read these really thoroughly if you haven't already. Have they had new tests done very recently?
When you say SEN officer do you mean someone from Bucks CC or the school senco?
Tried to PM, but your account not accepting messages. Don't want to post too much publicly until after mediation.
I'm in a similar position to OP in that my son was diagnosed ASD and now has an EHCP.
Our council (not too far from you) were similarly tricky to deal with. Not listening to our wishes one iota and wanting to implement their ideas with no input from us. Quite frankly my wife and I were lost and in despair at what was going to happen (dreading Mediation and Tribunal). I am still so angry at the council in the way we were treated.
Through another forum (Mumsnet, who are they???) though, we found there is such a thing as ECHP Advocacy. Basically being represented by an expert (granted for a fee) through the process. We should have done this earlier as the difference was immediate. Instead of our attempt at a reply to the initial EHCP draft, the council were sent a 16-page reply reminding of their responsibilities under x, y and z etc. Also what a difference when the council were on the back foot rather than us. They can represent in Mediation and Tribunal if necessary too.
The end result being we were offered a lot more than we might otherwise have been. Furthermore, it was very reassuring to known what our rights actually were, rather than just what the council SEN department said (which quite often was plain wrong).
As I say I'd recommend the one we used - http://advocacyandmediation.squarespace.com - and could not speak more highly regarding what they did for us.
Happy for you to PM me if necessary.
Our council (not too far from you) were similarly tricky to deal with. Not listening to our wishes one iota and wanting to implement their ideas with no input from us. Quite frankly my wife and I were lost and in despair at what was going to happen (dreading Mediation and Tribunal). I am still so angry at the council in the way we were treated.
Through another forum (Mumsnet, who are they???) though, we found there is such a thing as ECHP Advocacy. Basically being represented by an expert (granted for a fee) through the process. We should have done this earlier as the difference was immediate. Instead of our attempt at a reply to the initial EHCP draft, the council were sent a 16-page reply reminding of their responsibilities under x, y and z etc. Also what a difference when the council were on the back foot rather than us. They can represent in Mediation and Tribunal if necessary too.
The end result being we were offered a lot more than we might otherwise have been. Furthermore, it was very reassuring to known what our rights actually were, rather than just what the council SEN department said (which quite often was plain wrong).
As I say I'd recommend the one we used - http://advocacyandmediation.squarespace.com - and could not speak more highly regarding what they did for us.
Happy for you to PM me if necessary.
Thanks, very useful information.
We're undecided if we should employ legal representation at this stage - I think we should, the wife (and mediation service) thinks we shouldn't. The group referred to above looks good, especially the annual subscription, although it will be a push financially we'll manage.
I'm not convinced the EHCP conversion process was adhered to as I cannot find exactly what that process should be. I also don't know if there is any benefit to us if we can quote their failing to follow the procedure - no point scoring cheap points if it doesn't make any difference. The process for us was:
Annual Review at School -> Draft EHCP 10 months later -> over 100 corrections by us in the one week we were given -> Final EHCP arrives in post a week later. 99 of our corrections pasted in unedited. Section F (placement) altered.
We were not given any opportunity discuss any of this. Nor were we able to contact our mythical SEN officer.
I'm also confused as we have an annual review due early May. Not sure when we start talking about primary to secondary school transition and when the CC gets to select what school they think best for our son. We did ask for recommended schools for us to look at but got nothing back except a list of all schools in the county that have SEN support. Assume we go through all this again if we don't agree?
I believe without employing someone who actually knows the process and can act on our behalf we're likely to simply go round in circles.
We're undecided if we should employ legal representation at this stage - I think we should, the wife (and mediation service) thinks we shouldn't. The group referred to above looks good, especially the annual subscription, although it will be a push financially we'll manage.
I'm not convinced the EHCP conversion process was adhered to as I cannot find exactly what that process should be. I also don't know if there is any benefit to us if we can quote their failing to follow the procedure - no point scoring cheap points if it doesn't make any difference. The process for us was:
Annual Review at School -> Draft EHCP 10 months later -> over 100 corrections by us in the one week we were given -> Final EHCP arrives in post a week later. 99 of our corrections pasted in unedited. Section F (placement) altered.
We were not given any opportunity discuss any of this. Nor were we able to contact our mythical SEN officer.
I'm also confused as we have an annual review due early May. Not sure when we start talking about primary to secondary school transition and when the CC gets to select what school they think best for our son. We did ask for recommended schools for us to look at but got nothing back except a list of all schools in the county that have SEN support. Assume we go through all this again if we don't agree?
I believe without employing someone who actually knows the process and can act on our behalf we're likely to simply go round in circles.
Edited by page3 on Monday 9th April 19:14
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