Search this site

What parents and carers of children with SEND need to know Receiving a phone call from school to say your child has been suspended, is at risk of exclusion, or that a managed move is being suggested can be incredibly upsetting. Many parents tell us they feel shocked, confused, frustrated, or worried about what will happen next. You may feel that your child's needs have not been fully understood, or that the right support was not in place before things reached this point. If your child has Special Educational Needs and Disabilities (SEND), it is important to know that schools have legal duties towards them. Decisions about suspensions, exclusions, and managed moves should not be made without properly considering your child's needs, disabilities, and the support they require. Understanding your rights and the school's responsibilities can help you make informed decisions and ensure your child is treated fairly. What are suspensions, exclusions and managed moves? A suspension (previously known as a fixed-term exclusion) is a temporary removal from school. A permanent exclusion means a child is removed from the school roll and cannot return to that school. Permanent exclusion should only be used as a last resort. A managed move is a voluntary agreement for a child to move permanently from one mainstream school to another. It is often presented as a fresh start and may be considered as an alternative to permanent exclusion. Although these situations can feel overwhelming, it is important to remember that parents have rights and schools must follow specific procedures. Why are children with SEND more likely to be suspended or excluded? Children with SEND are disproportionately affected by suspensions and exclusions. In many cases, what appears to be challenging behaviour may actually be linked to: Unmet special educational needs Communication difficulties Sensory differences Anxiety or emotional distress Difficulties with emotional regulation Mental health needs Social interaction difficulties Learning differences For example, an autistic child may become overwhelmed in a noisy environment, a child with ADHD may struggle with impulsivity, or a child with speech and language needs may react out of frustration when they cannot communicate effectively. This does not mean children should not be supported to understand expectations and appropriate behaviour. However, schools should always look beyond the behaviour itself and consider what may be causing it. A helpful question is: "What is this behaviour communicating about this child's needs?" Schools must consider SEND before suspending or excluding Before deciding on a suspension or exclusion, schools must carefully consider whether a pupil's behaviour may be connected to a disability or special educational need. Schools so must also consider: Whether all of your child's needs have been identified. Whether appropriate SEND support has been provided. Whether recommendations from professionals have been followed. Whether reasonable adjustments have been made. Whether an EHC Needs Assessment should be considered. Whether the school's behaviour policy is being applied fairly. As a parent, it may be useful to ask: Has the school identified and assessed all of my child's needs? Has appropriate SEND support been put in place? Has professional advice been followed? Were reasonable adjustments made? Was the behaviour linked to my child's disability or unmet needs? Has an EHC Needs Assessment been considered where appropriate? Has the school reviewed whether it is applying its behaviour policy fairly? If the answer to any of these questions is no, it may be appropriate to challenge the school's decision. What is an informal or unofficial suspension? Some families tell us they have been asked to: Collect their child early. Keep their child at home for a day or two. Agree to time away from school to "cool off". Delay returning following an incident. It is important to know that these arrangements may be unlawful if they are being used instead of the formal suspension process. Any removal from school for disciplinary reasons should be formally recorded and follow the correct legal process. If your child is repeatedly being sent home, ask the school to confirm in writing: Why your child is being removed from school. Whether the absence is being recorded as a suspension. What legal basis the school is relying upon. Keeping clear records can be extremely helpful if concerns arise later. How to challenge a suspension or exclusion. If your child has been suspended or excluded and you disagree with the decision, there are several practical steps you can take. 1. Request the evidence The suspension letter Details of the alleged incident Witness statements, where appropriate Copies of behaviour records Any risk assessments Records of SEND support, interventions and reasonable adjustments 2. Put your concerns in writing Write to the Headteacher and Governors explaining: Why you disagree with the suspension How your child’s SEND may have contributed to the incident Any failures to provide support or reasonable adjustments Relevant evidence from professional reports Any concerns about disability discrimination 3. Make representations to the governors Parents have the right to make representations regarding suspensions and exclusions. The role of the governing board depends on the circumstances and the length of the suspension. Read the school's decision letter carefully and make sure you respond within any deadlines provided. 4. Consider whether disability discrimination has occurred Where behaviour is connected to a child's disability, concerns may arise if: The school failed to make reasonable adjustments. Appropriate support was not provided. The child was treated unfavourably because of something arising from their disability. Save copies of: Emails Meeting notes Professional reports Behaviour records Support plans School correspondence A clear timeline of events can be invaluable. Disability discrimination and suspensions and exclusions Schools have legal duties under the Equality Act 2010 not to discriminate against disabled pupils. Disability discrimination concerns may arise where: A child is suspended or excluded for behaviour linked to their disability. Reasonable adjustments have not been made. A school policy disadvantages disabled pupils. Needs have been identified but support has not been provided. For example, if an autistic child experiences sensory overwhelm and reacts in distress, the school should carefully consider whether the behaviour is linked to their disability and whether appropriate support and adjustments were in place. Where families believe disability discrimination has occurred, claims can be made to the First-tier Tribunal (Special Educational Needs and Disability). Strict time limits apply, so it is important to seek advice promptly. What is a managed move? A managed move is a voluntary arrangement for a child to move permanently from one mainstream school to another. Sometimes schools suggest managed moves where a child is struggling in their current placement or where there are concerns about a possible permanent exclusion. For some children, a managed move can be successful. However, it should only happen when it is genuinely in the child's best interests. A managed move should: Be discussed fully with parents. Consider the child's views where appropriate. Take account of the child's SEND. Include appropriate planning and support. Be agreed by everyone involved. Most importantly, a managed move should not be used because a school finds it difficult to meet a child's needs. Do parents have to agree to a managed move? No. Managed moves are voluntary. Parents should never feel pressured into agreeing to a managed move because they have been told that refusing will automatically lead to a permanent exclusion. Before agreeing, it may help to ask: Why is the move being proposed? Have all reasonable adjustments been tried? Has the school fulfilled its SEND responsibilities? What support will be available in the new school? Can the proposed school genuinely meet my child's needs? Have other options been considered? Does an EHCP review need to take place first? Take time to understand the proposal and ask for everything in writing. Disability discrimination and managed moves A managed move should never be used to avoid a school's responsibilities under SEND law and the Equality Act 2010. Families should be cautious if a move appears to be proposed because: The school says it cannot manage the child's disability. Unmet needs have not been properly assessed. A child is being moved because of behaviour arising from disability. Reasonable adjustments have not been fully explored. If you are unsure, ask the school to explain: Why it believes the move is in your child's best interests. What alternatives have been considered. What support will be available moving forward. Having this information in writing allows you to make a more informed decision. What should parents do if they are concerned? If your child is facing a suspension, exclusion, or managed move, consider: Requesting all information in writing. Keeping records of meetings and conversations. Gathering professional evidence. Reviewing your child's SEND Support Plan or EHCP. Asking what reasonable adjustments have been considered. Requesting urgent reviews where needs may be unmet. Considering whether an EHC Needs Assessment or EHCP review is required. Seeking specialist advice as early as possible. Final thoughts Suspensions, exclusions and managed moves can have a huge impact on a child's education, confidence and wellbeing. For children with SEND, it is especially important that schools look beyond the behaviour and consider the needs, difficulties and challenges that may be driving what is happening. No parent should feel pressured to make immediate decisions without understanding their options. Remember: Your child's SEND should be properly considered. Schools have duties under SEND and equality law. Reasonable adjustments should be explored. Decisions can be challenged where appropriate. You have the right to ask questions and seek advice. Most importantly, you do not have to navigate this alone. At Empowering Families of Children with SEND Ltd, we support families to navigate suspensions, exclusions, disability discrimination concerns, EHCP issues and school placement disputes. Understanding your rights is an important first step towards securing the support and education your child deserves. For more information about the support we can provide, please email admin@empoweringSENDfamilies.co.uk Do not feel pressured to make an immediate decision about a managed move. Ask for the proposal, reasons, support plan and timescales in writing, and take advice before agreeing. Useful resources Department for Education: School suspensions and permanent exclusions guidance Department for Education: Guide for parents on school behaviour and exclusion HM Courts & Tribunals Service: Guide to disability discrimination claims (SEND4) Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk Book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

Understanding your options when an EHCP no longer meets your child’s needs. There is no one-size-fits-all answer. The right option depends on your child’s circumstances, the evidence available and what you are hoping to achieve. If your child has an Education, Health and Care Plan (EHCP) that no longer reflects their needs, it can be difficult to know which route to take. Should you ask for an EHC reassessment? Would an early annual review be a better option? Or is it time to appeal to the SEND Tribunal? In this blog, we explore each route, the advantages and disadvantages of each, and some practical tips to help you decide what may be most appropriate for your family. First things first: what has changed? Before deciding which process to pursue, it can be helpful to ask: Has my child’s needs profile changed significantly? Is the current EHCP out of date? Is the provision in the EHCP no longer sufficient? Has the Local Authority refused to make necessary amendments? Do I already have appeal rights? Is there new professional evidence available? Understanding the problem you are trying to solve often points towards the most effective solution. Option 1: Requesting an early annual review Most families are familiar with the annual review process. By law, an EHCP must be reviewed at least once every 12 months, but a review can also take place earlier if circumstances change significantly. Annual reviews are intended to ensure that a child or young person’s needs, provision and outcomes remain accurate and up to date. When might an early annual review help? Your child’s needs have increased. The current provision is not working effectively. School attendance has deteriorated. There has been a new diagnosis. Your child is experiencing increased anxiety or distress. Relationships with the setting remain positive and collaborative. New evidence has become available that supports amendments. Advantages Usually faster than seeking a reassessment. Can lead to amendments to Sections B, F and E of the EHCP. Provides an opportunity for professionals and the school to contribute updated information. May resolve issues without the need for a tribunal appeal. Often maintains a more collaborative relationship with the Local Authority and school. Disadvantages The Local Authority may ultimately decide not to amend the EHCP. Existing evidence may simply be recycled rather than updated. Significant gaps in understanding of a child’s needs may not be addressed. The process can become a “tick-box exercise” if robust evidence is not presented. This route is usually best where: The EHCP broadly identifies the right needs. Some updates or amendments are required. Existing assessments remain largely relevant. Additional evidence can demonstrate why changes are needed. Option 2: Requesting an EHC reassessment An EHC reassessment is a more formal process. You will be asking the Local Authority to ‘look again’ and gather fresh advice about a child’s education, health and social care needs. Many parents assume reassessment is the quickest solution when things are not working, but this is often not the case. When might reassessment be appropriate? The EHCP is many years out of date. The child’s needs have changed significantly. Important needs were never properly identified. Existing professional advice is outdated. New diagnoses have led to substantially different support requirements. The current plan no longer reflects the child you see today. Advantages Opportunity to obtain updated professional advice. Can uncover previously unidentified needs. May strengthen evidence for increased provision. Allows professionals to reassess the whole picture rather than simply making amendments. Can provide a stronger evidential basis for any future appeal. Disadvantages The Local Authority can refuse a reassessment request. The process can take many months. There are no guarantees that new assessments will be high quality. Reassessments can sometimes result in no real improvement to the provision or school setting. This process is often long and can still result in families needing to appeal. This route may be best suited where: The current evidence base is outdated. Key needs have not been fully assessed. The child has undergone significant developmental, educational or health changes. Fresh professional input is genuinely required. Option 3: Appealing to the SEND Tribunal A SEND Tribunal appeal is different from both an annual review and a reassessment. Rather than asking the Local Authority to look again, you are asking an independent Tribunal to decide whether the Local Authority’s decision is correct. You will have the right to appeal when one of the following is received: A refusal to assess. A refusal to issue. A refusal to reassess. A decision to cease an EHCP. A first final EHCP. An amended final EHCP following an annual review. When might an appeal be appropriate? The Local Authority has already refused to make necessary changes. Discussions have broken down. There is clear evidence supporting amendments. You disagree with Sections B, F or I of the EHCP. Your child needs a different type of placement. Delays have continued despite multiple requests. Advantages Legally binding decisions. Independent scrutiny of the evidence. Ability to challenge needs, provision and placement. Many appeals resolve before a final hearing through negotiation. Often results in more detailed consideration of professional evidence. Disadvantages Can feel daunting and emotionally demanding. Requires preparation and evidence gathering. Can take several months to conclude. Families may need support understanding the process. The relationship with the Local Authority can sometimes become more adversarial. This route may be best suited where: You have a right of appeal. The disagreement is substantial. Evidence is available to support the requested changes. Previous attempts to resolve matters have been unsuccessful. Comparing the three options Question Early annual review EHC reassessment SEND Tribunal appeal Updates the existing EHCP? Yes Yes Yes New professional advice? Sometimes Usually Not automatically Independent decision-maker? No No Yes Can challenge school placement? Limited Indirectly Yes May lead to appeal rights? Yes Yes Already exercising appeal rights Usually the quickest option? Often Usually not Usually not Can you use more than one route? Absolutely. In practice, families often use these processes together. For example: An annual review identifies significant concerns. The Local Authority refuses to make appropriate amendments. Appeal rights arise. Additional professional assessments are obtained during the tribunal process. Final thoughts When an EHCP is no longer meeting a child’s needs, families often feel pressure to choose the “right” process. The reality is that each route has a purpose. An early annual review may be the most effective option where amendments are needed and everyone is willing to work together. An EHC reassessment may be appropriate where the child’s needs have changed significantly or the available evidence is outdated. A SEND Tribunal appeal may be necessary where there is a dispute about needs, provision or placement, and the Local Authority is unwilling to make the required changes. The key is understanding what problem you are trying to solve and selecting the process that gives your child the best opportunity to secure the support they need. Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? At Empowering Families, we regularly support families with annual reviews, reassessments and SEND Tribunal appeals. If you are unsure which route is right for your child, seeking advice early can help you make informed decisions and avoid unnecessary delays. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk Book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

If you disagree with your child's EHCP, you can either accept, request mediation, or appeal to SENDIST, each requiring thorough review and preparation, in this article Anna explains the ins and outs of each step of the process. Following an EHC needs assessment, if your Local Authority (LA) make the decision to issue an EHCP, they will send you a draft plan. You have 15 days to respond to this and following this, your Local Authority will finalise your plan. After each Annual Review, your LA must make a decision whether they are going to make amendments to your child’s EHCP or not. If they decide to make amendments, they will send you a draft plan, showing the proposed amendments. You have 15 days to respond to this. Following this, your Local Authority will finalise your plan. This blog will explain your options if you are not happy with the identification of needs (Section B) and provision (Section F) in your finalised EHCP following an EHC Needs Assessment or an Annual Review. It is worth noting that overall, 98% of parents who appeal to SENDIST (Tribunal) find that SENDIST rule in their favour. If your LA have not included all professional identification of your child’s needs (Section B) or the provision they require to meet these needs (Section F) you should consider challenging this. What are My Options: If you are not happy with the contents of Section B (needs) and Section F (provision) in your child’s EHCP, you can: Accept the decision and work with the school through the Annual Review process to get the necessary changes made to your EHCP. Request mediation to discuss this decision with the LA and ask them to reconsider. Appeal to SENDIST (Tribunal). 1. Accepting the Decision Conduct a thorough review of your child’s EHCP or have this done professionally to identify all the deficits in the wording and identification of needs and provision in Sections B and F of your EHCP. These webinars and extensive support packs will support you to identify all the necessary improvements to Sections B and F of your EHCP - Draft EHCP/Final EHCP Checking Session 1 Draft EHCP/Final EHCP Checking Session 2 Familiarise yourself with the Annual Review process and prepare reports to evidence the changes needed to your child’s EHCP. This webinar and extensive support pack will support you to do this - Annual Reviews - Webinar You can also request changes to Sections C, D, G & H (the Health and Social Care Sections) and Section A (Parent and Child’s Section) of your EHCP at the Annual Review. 2. Using Mediation You have a right to request mediation within 2 months of the date on the letter from the LA sent with your final EHCP. To request, ring the number on the LA letter and ask them to arrange mediation. Mediation is an informal way of trying to settle the dispute between you and the LA. There is no financial cost, and an independent mediator will support you and the LA to discuss your child’s case and review the decision the LA made. Before attending mediation to request improvements to the contents of your child’s EHCP, you need to prepare your case. You need to prepare for mediation by identifying the deficits in the wording and identification of needs and provision in Sections B and F of your EHCP. To do this you will need to conduct a thorough review of your child’s EHCP or have this done professionally. These webinars and extensive support packs will support you to identify all the necessary improvements to Sections B and F of your EHCP - Draft EHCP/Final EHCP Checking Session 1 Draft EHCP/Final EHCP Checking Session 2 You will be issued with a mediation certificate at the end of mediation. If the LA refuse to make the changes necessary to your child’s EHCP, you have one month from the date of the mediation certificate to submit an appeal to SENDIST. You can also request changes to Sections C, D, G & H (the Health and Social Care Sections) and Section A (Parent and Child’s Section) of your EHCP at mediation. 3. Appealing to SENDIST You can go straight to appeal as soon as your LA finalise your EHCP, or after attending mediation. You do not have to go to mediation first, but you do have to consider using mediation. If you consider it and decide that you do not want to mediate, but lodge an appeal immediately, you will still need a mediation certificate. To obtain one, ring the mediation company, explain that you do not want to use mediation and ask them to issue a certificate straight away. As soon as you get the certificate, you can lodge your appeal. You have two months from the date on the letter from the LA, or one month from the date of the mediation certificate – whichever is longer. During your appeal, you will need to prepare your case. If you have not already done so for mediation, you need to identify all the deficits in the wording and identification of needs and provision in Sections B and F of your EHCP. To do this you will need to conduct a thorough review of your child’s EHCP or have this done professionally. These webinars and extensive support packs will support you to identify all the necessary improvements to Sections B and F of your EHCP - Draft EHCP/Final EHCP Checking Session 1 Draft EHCP/Final EHCP Checking Session 2 Submit your appeal by completing a SEND35 form which can be found here. Send it with the following: The LA letter that came with the final EHCP. Your mediation certificate. Any evidence. You can also request that SENDIST advise on Sections C, D, G & H (the Health and Social Care Sections) through as part of a Tribunal appeal. Where Do I Go From Here? The Webinar Events already signposted in this blog will provide a full package of support for parents to prepare for challenging the contents of their child’s EHCP through Annual Review, Mediation and Tribunal Appeal. In the easy-to-follow webinars, Anna and Sarah talk you through, step by step, giving scenarios, examples and detailed explanations of each process. The accompanying support packages give you timelines, example reports and resources, and ‘fill in the blank’ templates to make the process as uncomplicated as possible. Find our full webinar library here. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

Many parents have concerns about the LA taking away an EHCP – and we completely understand this anxiety. The legal wording is ‘cease to maintain an EHC Plan’. The circumstances under which an LA may make the decision to cease an EHCP for a child or young person under the age of 18 are set out in the SEND Regs 2014 29(1) which says: Ceasing to maintain an EHC plan. Circumstances in which a local authority may not cease to maintain an EHC plan where the person is under the age of 18: 29. (1) A local authority may not cease to maintain an EHC plan for a child or young person under the age of 18 unless it determines that it is no longer necessary for special educational provision to be made for the child or young person in accordance with an EHC plan. (2) Where a child or young person under the age of 18 is not receiving education or training, the local authority must review the EHC plan in accordance with regulations 18 and 19 and amend it in accordance with regulation 22 where appropriate, to ensure that the young person continues to receive education or training. The law sets out limited circumstances in which an LA may cease to maintain an EHCP. the LA is no longer responsible for your child or young person if they: have taken up paid employment (this does not include apprenticeships) have started a higher educational course (or other level 4 course) are aged 18 or over and have left education and no longer wish to engage in further learning have turned 25 (and the LA has decided not to let them keep their plan until the end of the academic year during which they turn/ turned 25), or move permanently outside England. It is no longer necessary to maintain the EHC plan. This can be for many reasons including: The LA thinks your child or young person no longer needs the provision set out in the EHC plan because their SEN have changed and they no longer require an EHCP for provision to be made. Post-16, the LA thinks your child or young person has met their full learning potential, therefore it is no longer necessary for education to continue. A Local Authority cannot lawfully cease an EHCP simply because a child or young person is making good progress. Progress may demonstrate that the provision is effective rather than unnecessary. An LA cannot lawfully just take the EHCP away overnight, there is a legal process. This legal process must be followed, and not doing so can result in the LA not being permitted legally to cease to maintain. As your journey with an EHCP is likely to have been fraught with LAs not following legal process, it’s important that you know which is the correct path that must be undertaken. Let’s have a look at this and the legal process: The LA must inform you, and if your child is over 16 years of age the LA must also inform them if the plan is to cease to maintain an EHCP. The LA would usually obtain information from the educational setting before making its decision The LA must have discussed this intention with you, and the young person (if over 16 years of age) The above generally happens at Annual Review, and one of the decisions that an LA can make following an Annual Review is to cease to maintain the plan, but the decision to cease to maintain is not exclusive to Annual Review and can be made by the LA at any time. Whenever an LA make a decision to cease an EHCP, if you, or your young person do not agree, you will have the right of appeal. Whilst you are at appeal, the EHCP must remain, and the provision described in F, must continue to be delivered. So how long will the EHCP be there for your young person? An EHCP can continue up to age 25 where it remains necessary for special educational provision to be made. It can be ceased prior to 25 if the: young person attends University (see blog on Uni support here young person is undertaking a higher education course young person starts paid employment (excluding apprenticeships) young person is age 18 or over and leaves education and training with no intentions of re-engaging young person is now aged 25 (and has completed their current course) child or young person permanently lives outside of England (HMF families look to the Armed Forces covenant and MOD Local Authority Partnership (MODLAP) he LA has stated a Cease to Maintain and you have passed the deadline to appeal Some children and young people will not need the support of an EHCP for the entirety of their school life, and of course this must be celebrated. The EHCP has done all it set out to achieve and so the additional support is no longer required. If you disagree with the LA's decision, evidence showing why the EHCP remains necessary will be important. How will you evidence this? You use the very same legal test that applies at the beginning of your EHCP journey. Does your child/young person have Special Educational Needs and do they require Special Educational Provision to meet those needs. B&M -v- Cheshire East Council [2018] UKUT 232 (AAC), is the leading authority on the construction of section 45 of the 2014 Act. Upper Tribunal Judge Mitchell held: “[91] I agree with counsel that there is an affinity between the test for deciding whether to cease to maintain an EHC plan and the test for deciding whether an EHC plan is to be prepared and maintained in the first place. Under s 37(1) of the 2014 Act, the test for deciding whether to prepare and maintain a plan is whether it is necessary for special educational provision to be made in accordance with an EHC plan. It would serve no one’s interests for children and young people to lose their EHC plans only to regain them following a fresh request for an assessment and the carrying out of an assessment. In deciding whether to cease to maintain an EHC plan, a local authority should ask itself whether a young person would meet the test for preparing and maintaining an EHC plan in the first instance. If the answer is ‘yes’, I do not see how a local authority could properly decide that it is no longer necessary for an EHC plan to be maintained. Given what I said in the preceding paragraph, local authorities should carefully consider whether they have sufficient up-to-date information about a young person before deciding to cease to maintain an EHC plan. You will need to evidence that the reasons given by the LA are not applicable, and request where the LA has sourced their information from to evidence that the EHC Plan is no longer required – and for this evidence to be provided. The following case law is appropriate here for those past compulsory school age: AB -v- East Sussex County Council Case no: UA-2023-001113-HS [2024] UKUT 87 (AAC) Why? This case law is significant because: As above, the same law applies as for an EHC NA, and evidence must be provided to prove that an EHCP is not required. The young person’s views must be taken into account. An EHCP is not exclusively for academic achievement, ‘education and training’ is not just about securing exam results and qualifications, is very specific in section 2 and 15ZA(8) of the Education Act 1996 and section 21 of the CFA 2014. Outcomes must be considered as ongoing, whilst the education/training is ongoing. EHC Plans must be carefully reviewed by parents, and not simply considered when an Annual Review is lurking on the horizon. Don’t allow your child or young person’s EHC Plan to reflect when they started Primary school when your child is in Year 4, and by Year 9 your child’s EHC Plan must be preparing them not just for adulthood, but looking towards 6th Form and beyond. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

Why do LA Tribunal and EHCP responses make no logical sense? Whether you are at EHC NA, in Draft or in the appeal process, you will find that they can be routinely used. These are our current top examples, with our top tips on how to handle them. Doesn’t the LA have to name my parental preference school? The LA (and a Tribunal judge) must name the most cost-efficient school that can meet a child’s need. Meeting a child’s need means providing the provision set out in Section F. The LA (or Tribunal Judge) must name the parental preference as long as this is no more expensive than any other school (placement/provider) that can provide the provision in Section F, and this cost includes transport costs. If the parental preference schools transport costs make the placement more expensive, then the parents must agree to pay for this transport (if this is the sticking point on placement cost overall). The cheapest school may not just be dependent upon the cost of the provision in F but on the combined costs of F and transport. Should a transport run already be in place, with available spaces at a school further afield that can meet need, this will be named if it makes the total costs cheaper than closer schools. If you agreed to pay for transport so that your preference school is no more expensive than a school with cheaper transport costs, and then change your mind, the school placement can be withdrawn and the closer (cheaper) school named, meaning that your child has to move school. So, before committing to provide transport for your child, make sure you can commit to this for the whole of their time at this school. LA said no to Parental preference school An independent specialist /mainstream school have offered my child a place, but the LA have named a mainstream school that says it cannot meet my child’s needs. Congratulations! It can be very difficult to get to the point of being offered a place by an independent school, especially an independent specialist school. But sadly, being offered a place doesn’t mean that this will be the school that the LA agree to name in Section I. Firstly, the LA only have to consult with the parental preference school if it is a maintained, academy or section 41 approved school, so they may not even agree to consult with your non section 41 school. Disputes commonly arise where parents and the LA disagree about whether a mainstream or maintained placement can meet need. Be prepared to go to appeal! We support many parents to achieve independent mainstream or specialist school placements, and this can happen without appeal; however, this requires a robust check of the draft with very high-quality evidence. You should always be prepared to appeal; it will be a bumpy ride. For help to lodge a BF&I appeal use our webinar here B, F and I appeal can change placement over just an I appeal Lodging the appeal with a SEND35 form Child cant attend named school on EHCP The EP hasn’t advised on group size, the case worker won’t state group size in Section F of the EHCP, but I know that case law states that they must. How can I evidence what group size is needed? This is always a tricky one, and one that comes up frequently in LA EP reports and therefore in EHCPs. This is where school professionals can be really helpful. In the absence of any other evidence from an EP, OT or SALT, your child’s class teacher and SENDCo can evidence the group size that your child needs in order to engage with learning or interventions. They can explain that your child only manages during lessons when at a table with the TA and 3 other children and as soon as there are 4 or 5 other children in the group, their attention and focus wanes and they can no longer engage, and that when engaging in an intervention, the maximum group size that they can manage is no more than 3 with a TA who is trained in delivering the intervention. If your LA still refuse to quantify group size in your child’s EHCP with evidence from the school, appeal. The Tribunal may find such evidence persuasive, particularly where it is detailed and consistent with the wider evidence. Can school evidence support my other professional advice for an EHCP? Who can advise on section F provisions? Can an LA EP make amendments to their report? My case officer says I have loads of time, 15 days to send my views and requested amendments to my draft EHCP. 15 calendar days, NOT working days, so not as long as you perhaps first thought. Should you need additional time, you must request this in writing and get a response and timescale in writing – or don’t be surprised if the LA finalise on day 15, with or without your response. For help to thoroughly check and respond to a draft EHPC, use our webinar here: Session 1 Session 2 Draft Check/Final EHCP check/ Health check your EHCP Expecting a draft EHCP? Preparation is everything. My caseworker has asked me to send amendments and opinions on the draft EHCP, and is now saying that they can’t make the changes I want to Section B and F. The law says that Sections B and F must contain professional advice. Section A is for parental views. Whereas the LA are usually only too happy to use policy over law, when it comes to adding parental views to Section B or F, they remember that law trumps policy! Only information from appropriate professional reports will be included in B and F. Parent views must go in Section A which is not a legal section and will not impact on the provision a child receives, or the school placement named. To ensure that Sections B and F are accurate, it is imperative that all needs and specified and quantified provision to meet all needs are included in professional reports. For help to thoroughly check and respond to a draft EHPC, use our webinar here: Session 1 Session 2 Law Trumps Policy - Every. Single. Time! LA not agreeing to amendments to your draft EHCP I’ve put in my appeal, and the LA’s response is that they still don’t agree. How can I change their mind? Many people are perplexed at this. It is so obvious that the LA are wrong. All of the evidence points to this. So, there is often the expectation from families that once they have appealed and the LA have the appeal in front of them, they will change their minds. Do not expect them to. It is common for Local Authorities to maintain their original position in the early stages of an appeal. Positions often change as further evidence becomes available. They know your appeal will be lodged or at least in 12 months' time, and they are currently busy with appeal hearings that are pending in the coming week. Their initial response will be a holding response, and they are unlikely to consider the appeal fully until a month or two before the appeal hearing date. Hang in there – the appeal system does work, and you will get there eventually, but remember ‘It is a marathon not a sprint’. For support during the appeal process, book a meeting with a member of the Empowering Families Team here Evidence gathering while waiting for appeal I’ve explained in my appeal form that an updated EP assessment is needed, but the LA are not providing one. How can I make them? As far as the LA are concerned, as outlined in their response to the appeal, their position is that the original EHCP is appropriate and no significant changes are needed. It is your position that the EHCP is not accurate, and further professional advice is needed. Therefore, why would you expect the LA to help you evidence your position which they disagree with? They know that unless you can prove otherwise, the professional advice used for the EHCP is the only evidence on the table, there is nothing to dispute it or prove it is deficient. This suits their position just fine - it is your view that Sections B and F of the EHCP are not accurate, and it is your job to find evidence of what Section B and F of the EHCP should contain. The same goes for other professional evidence that you believe is missing. It will be up to you to provide this, not the LA. For support during the appeal process, book a meeting with a member of the Empowering Team here How do I find an independent OT? LA EP reports for my child with an EHCP Child last saw an EP years ago, will this ever be updated? During the appeal, I have had an independent EP/OT/SALT assessment undertaken and now the LA want their EP/OT/SALT to assess. They refused to provide an EP/OT/SALT assessment and now I have paid a King's ransom for one, all of a sudden, they want to do another one. Surely, I can say no? Can you refuse? Well, a child/young person cannot be over assessed, so, the EP cannot use the same assessment tools, but they can use alternatives, they can observe or meet the child and the professional who works with the child. They can give their professional opinion. If you have allowed your child to be assessed by the professional you have commissioned and then refuse the LA’s professional to do their own assessment, it is likely to be seen as ‘obstructive’, the LA will ask the judge to order you to allow the assessment to take place and the judge will almost certainly agree to this. If the judge did not insist that both parties were able to undertake assessments, their final ruling is very likely to be questioned on a point of law, causing significant delays and major financial outlay to families. Let’s look at a real case that Empowering Families supported a few years ago. The parents had an independent EP assessment undertaken. This EP assessment clearly demonstrated that the child required provision that was way beyond what could be provided in a mainstream school and provided clear evidence that a specialist education setting was going to be required. The LA hadn’t had an EP involved for a decade. No surprise that they pulled one out of the bag within days of receiving the independent report. They knew that the only way to counter argue this report was with their own updated evidence. The parent was not going to accept this. She wanted to say no and refuse the LA EP access to her child. We advised otherwise, explaining that this would be viewed as obstructive which is never a good look in a Tribunal. The LA EP assessment took place. The LA EP agreed with the majority of the independent EP’s advice. On the day of the hearing, the LA conceded within ten minutes. The child is now at the Specialist Independent school and thriving. For support during the appeal process, book a meeting with a member of the Empowering Team here How often can an EP assess my child? This list is not exhaustive and we will, undoubtedly have more to add, to this over coming months. We hope that we have given you an idea of how logic routinely defies many Local Authority responses and how you might understand and therefore deal with this successfully. Please use our Facebook group to seek more advice and support when you receive a response from your LA that defies logic. The Empowering Families team is available every day of the year. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk Book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

Annual Reviews must happen at least every year that you have an EHCP. Additional reviews sometimes occur during Phase Transfer years where timescales require this. It is best practice for a child under the age of 5 to have an annual review every 6 months. See more on this here: Annual Review Webinar Annual Review Blog LA not meeting EHC NA or Annual Review Timescales? Evidencing that B & F changes are needed at any Review or Phased Transfer review LA updates for my child's EP reports for their EHC Plan Is Provision in an EHCP Time Limited? The purpose of an Annual Review is to keep the EHCP up to date. The priorities should be Sections B, F and I, and for those with additional health or social care needs, these Sections must also be a focus. In addition, the annual review is your opportunity to keep Section A (the parents’ and child’s section) up to date. Being confident in the annual review process and how to use it to best effect can make all the difference. As ever, this is about using both SEND law and strategy. These are our top tips on how to use the annual review process to ensure your child’s EHCP is updated to remain fit for purpose. Don’t wait until the Annual Review to think about your child’s EHCP. As a parent it is imperative to keep a close eye on: Whether the identification of your child’s needs in Section B remains fully up to date – remember all special educational needs (difficulties) must be identified in Section B. How the provision specified and quantified in Section F is being delivered. What impact the delivery of Section F provision is having on your child’s progress across all areas. Use your observations to inform your contribution to your child’s annual review meeting. If you have concerns about the delivery of provision or your child’s progress, don’t wait until the annual review, book a meeting with your child’s SENDCo to discuss this. Enforcing An EHCP Annual Review Webinar Make a note of the date the annual review meeting is due. This must be held within a year of the last annual review meeting, unless your child is in phase transfer or under 5. The headteacher at the school or educational setting is responsible for arranging the Annual Review, usually through the SENDCo, but it is not unheard of for Annual Review meetings to be forgotten. If your Annual Review meeting is due in 6 weeks or less, and you have not been notified of the date and time by your child’s SENDCo, ask them for a meeting date and don’t take no for an answer! Annual Review Blog Attend the meeting! We see more EHCPs than we would care to count where Annual Reviews have come and gone with no attendance and no updates made. When approaching phase transfer, your child is at a significant disadvantage if their EHCP has not been effectively updated each year, insufficient provision being in place, resulting in their needs not being met. This can have significant impact on the success of a child’s attendance, progress and achievement. Make sure that you go through Sections A, B and F of your child’s EHCP before the annual review meeting and annotate all of the changes needed. Our webinar will help you to do this. If your child has medical or social care needs, you will also need to make sure these sections are accurate and up to date. Amend the EHCP before the AR meeting. Send your amended EHCP, annotated with the changes that are needed, to your SENDCo before the Annual Review meeting and take a few printed copies to the meeting with you just in case! Ask the SENDCo to submit this to the LA with the school’s annual review report, as your parental report and send a copy to your child’s EHCP Case Officer just in case it gets forgotten. When you send it to the case officer, title it – Name of Child – Parents' Annual Review Report – Date of Annual Review Meeting. Remember: The EHCP is written for your child and not to fit with what the school can provide. Watch out for a SENDCo that is suggesting making changes to the EHCP so that it suits the school and challenge this as unlawful. A poorly worded EHCP can make it difficult to establish precisely what provision should be delivered and whether it is being delivered. If you prepare beforehand, you will be empowered to lead the meeting with evidence of the changes needed to keep your child’s EHCP up to date and enforceable. An Annual Review meeting must not overly focus on Outcomes, at the expense of keeping Sections B and F up to date. Outcomes will be achieved when the provision is appropriate, so keep the focus of the meeting on B and F (along with the health and/or social care sections if these are key to your child). Words you don’t want in your EHCP and Why How do I know if my EHCP is good enough? Should I amend the Outcomes of my EHCP? Ask the SENDCo to send you a copy of the Annual Review report and all associated paperwork that is submitted to the LA following the Annual Review meeting and chase them for this if you do not receive it. It is imperative that you know what has been sent to the LA as they will use this to make decisions about changes to your child’s EHCP. If there is key information, reports or evidence missing, send it to the LA yourself and copy in the school SENDCo. Work hard to establish a positive relationship with all key staff at your child's school. Establishing a collaborative approach is always favourable, but if this is not possible in your child’s school, do be prepared to be assertive. Always request that minutes are taken, and that these are forwarded to you following the meeting. Set out your priorities and objectives at the beginning, and don’t allow the focus to be primarily on what is going well or the Outcomes. Do not attend alone – take a friend or family member with you. If you believe that the current placement cannot meet need, but they are very confident that things are going well, bide your time. Remember that Section F must detail all of the provision needed to meet a child’s special educational needs, this provision must be legally specified and quantified, and the school must be providing all of the provision in order to be meeting a child's needs. If there are deficits in Section F, language is vague and unlawful or the school is not providing all of the provision, this is evidence that the school is not currently ‘meeting your child’s needs’. Go through F and make sure that they are undertaking this responsibility. If we have helped you to prepare for an Annual Review by providing Annual Review support or an EHCP check, this will focus on Sections B and F. In preparation for the annual review meeting, you must ensure that updates and amendments are made to Section A – the parents’ and child’s section. Section A of an EHCP Following the Annual Review meeting, the LA will make a decision about whether to make changes to the EHCP. Whether they decide to make changes or not, you have a right of appeal following the culmination of every annual review. If you are not happy with the changes (or lack of changes) the LA make to your child’s EHCP, be prepared to appeal. If you are not happy with the school named in the final EHCP following an annual review, again, you need to be prepared to appeal. I Am Not Happy With The Contents Of My Child’s EHCP. What Can I Do? I Am Not Happy With The School Named In My Child’s EHCP. What Can I Do? If your LA decide to make changes following an annual review, they must send you a draft EHCP detailing the proposed changes and give you 15 days to comment on this. Cross reference this draft with the changes that you identified as necessary for the Annual Review meeting and if they have not been made, request that they are included when you respond to the LA within the 15-day time limit. If you need help to check the draft EHCP following an annual review is fit for purpose, we can check it for you. Contact EHCPchecks@empoweringSENDfamilies.co.uk for further information. The links in this blog will provide you with our resources to empower you to undertake the Annual Review process as a parent. We can also provide full support for an Annual Review that includes: checking your EHCP prior to the Annual Review meeting and preparing a report of the changes that are needed for you to submit as your parent report. attending Annual Review meeting with you, ensuring that the meeting is used to full advantage to improve your child’s EHCP. checking the draft EHCP following annual review and advising on next steps. For further details, email: annualreviews@empoweringsendfamilies.co.uk If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

We can't go looking at B and F without the following… Here at Empowering Families of Children with SEND, we are constantly telling you to check your draft – and for good reason; if you only ever do one thing – please check your draft EHC Plan. If you didn't do this in the draft, do this in the annual review. Undertake an EHCP Health Check; do not ever accept an EHC Plan as provided by your LA. A poorly drafted EHCP increases the risk that provision will be unclear, inconsistent and difficult to enforce. A robust draft review may identify additional needs and provision requirements which affect the range of placements capable of meeting need. See our YouTube video for more information on checking your draft/EHCP. We also tell you about the hidden dangers of having Woolly Words lurking within your Section F. The words that 'appear' to be stating that your child will be adequately supported, but mean the opposite – I won't repeat these here but will urge you to read our blog here So, what does a good EHC Plan Section B and F look like? From a personal perspective, I always like seeing a photograph included in Section A. Yes, this is the unenforceable Section. It's the 'backstory'. It will not be enforceable, nor make any difference to the provision or school type, but… having a photo of the child or young person brings this whole document back to its purpose. This isn't just about words on a PDF or Word Doc; this is about a child/young person – and here they are, look at them and understand the relevance of this to them. It always makes me smile when I see a photo in Section A. An EHC Plan describes difficulties, but here is a cheeky face looking at me, so much more than their difficulties, and it makes my heart sing.) Section B. A good Section B will include all the information from your professional reports. It's the detail that matters. Your child's difficulties are unique to them, and so must Section B be. A diagnosis isn't a prerequisite for an EHC Plan. This is because an EHCP is 'needs based'. One child with a diagnosis is not all children with the same diagnosis. It's a common misconception that Section F is the most important. Section B is pivotal to the whole EHC Plan. At the risk of being repetitive: If a need is not identified in Section B, it becomes much harder to secure provision for it within Section F. If no provision is in F, the placement in I won't be required to have any specific specialised provision – think training and experience of all staff, cohort, class size, sensory adaptations, curriculum, for example. B + F really does = I So now let's look at some examples, and remember, these are just examples and are unique to the individual child/young person. <>experienced significant difficulties with the diagnostic reading assessment which indicates that he would struggle with his reading of more complex words that are unfamiliar to him unless he can guess them through contextual cues. It would also be expected to affect his spelling significantly. His typing speed is 10 words per minute, where over 25+ words per minute would be expected. <> has a diagnosis of profound and significant dyslexia, which impacts his education and training along with all day-to-day life skills appropriate to his age. <>has become increasingly aware of his differences, lacks confidence and fears failure. There are days when <> cannot focus or concentrate and getting through the day can be an achievement. He will, on occasion, avoid things that he finds difficult, i.e. writing. He does not want people to know he has difficulties and finds it embarrassing to talk about his feelings. School and parents report that <> experiences periods of poor mental health but that he will often hide this. <> suffers from anxiety and low self-esteem. <>finds school very stressful and is overwhelmed by a normal mainstream school environment. <>has a PDA profile, Oppositional Defiant Disorder and ASD with clinically significant levels of comorbid anxiety; he struggles with many aspects of his life and his mental health is significantly compromised. <> finds it very difficult to make decisions and displays significantly high anxiety when given or asked to make choices. At a Chronological Age of 52 months, <> is still developing her Communication and Language, Listening and Attention, Understanding and Speaking (12–24 Months). <> has a significant speech delay, often unintelligible to unfamiliarity, which results in increasing frustration at being unable to communicate needs and wants. <> can feel their emotions intensely, with emotional outbursts increasing in number as the expectations of the curriculum are increasing. <> appears to have been masking these in school; however, emotional dysregulation, including verbal and physical reactions, is now a daily occurrence. <> reactions include swearing, breaking of resources, and scratching their arms until they bleed<> experiences remorse and shame following these outbursts. <> diagnosis of ADHD is evident in her inability to engage in any focused activity for over 10 minutes without the need for movement. <> displays fidgety behaviours which impair attention and can be disruptive to others in the class. <> has significant gross and fine motor difficulties, with an immature palmer grasp, impacting mark-making activities. <> cannot undertake self-help skills, including using cutlery, wiping following toileting, and dressing/undressing. <> trips and falls regularly and is unaware of uneven floor levels. <> cannot climb steps or stairs unaided.<> falls from the chair and sits slumped at the table. <> has significant difficulties coping with any change in her routine or unexpected changes. This significantly impacts her emotional regulation, level of motivation and ability to engage in all learning. <> attendance is at 35%, and is no longer coming into school. <> has EBSA, and the school has put additional support in place, including soft starts, transition objects and a named staff member or morning handover. <> anxiety has increased, despite this additional support <> has had a referral to CAMHS. <> has started to pull their hair out, and has restrictive eating patterns. As you can see, needs are not just academic needs. Needs encompass the 'whole child'. Each need must not be looked upon in isolation but in addition to the others. Each need interweaves with the other, resulting in the overall complexity that impacts the child/young person daily. It's also worth mentioning here that: 'Provision must be made for each and every need specified in Section B': Special Educational Needs and Disability Code of Practice 2015 9.69(F) Not every EHC Plan splits needs and provisions into Sensory and Physical, Communication and Interaction, SEMH, Cognition and Learning Not every EHC Plan has a Primary Need specified Section F This Section must be 'specific and usually quantified'. So, what does 'usually' mean before we jump in with examples? This means where it is applicable, for example: 'Luna will receive 1:1 support at lunchtimes, from a designated INA'. The specificity is that she will receive 1:1 support from a designated Individual Needs Assistant. This doesn't require additional quantification because there is only one lunchtime per school day, and it's pluralised 'lunchtimes'. Let's look at some examples of a good Section F provision. Again, these are examples. Your own child/young person's Sections B and F must be from your own child/young person's professional evidence. You cannot lift these examples into your own child's document. You must ensure that your EHCP is written this way – for your child/young person. (We'll come to how to do that later.) <> will receive a bespoke package to include the online courses, with all of the necessary resources for these provided to ensure success, including functional skills, life skills, and provisions to meet his SEMH needs as a young man, with both a personal assistant and Tutor. A tutor to support <> further education and employment skills for three hours, four days a week, and a Personal Assistant for ten hours per week, comprising of one day of six hours and two days of two hours. <> will receive the provision of technology in the form of a reader pen, personal computer, printer, and all suitable programs to support his education and training. This will enable <>to be as independent of additional educational support as possible by having a supporting tutor 1-1 to enable him to learn these new skills and be comfortable and confident with the technology packages. This will be entrenched within his courses and taught as a necessity with a PC appropriate to the technology, including but not limited to voice-to-text programs and software, such as Grammarly, to support the skills being learned. <> will receive 1:1 support throughout the whole school day, using Comic Strip Conversations whenever she experiences a social misunderstanding. Comic Strip Conversations will explore all misunderstandings by breaking down the conversation and exploring each part in turn. Consistent TA with training and experience in delivering Comic Strip Conversation interventions. Throughout the whole school day, <> will be given extra time to process all instructions and answer all questions. All Instructions will be provided verbally and visually. Instructions will contain no more than two parts. All tasks will be chunked into small steps throughout the school day. All tasks will have a whole class movement break scheduled every 15 minutes. All focused academic tasks will be followed by an activity related to the child's interests. Additional movement breaks will be provided per the presentation needs, including 1:1 TA, with oversight from the class teacher. <> will receive the <> Programme 1 x a minimum of 30 minutes 2 x a week, for a block of a minimum of 6-8 weeks. <> will receive follow-up sessions of 1 x a minimum of 30 minutes, 1 x a week following 8 weeks of consolidation of implementation in all contexts. The first block was delivered 1:1 by ELSA. All follow-up sessions in small groups of no more than 4 need appropriate peers, delivered by consistent ELSA. <> will receive formal career information from a SEND Specialist careers advisor. Together, they will consider each of <> strengths and how these will be matched to their chosen study and eventual career path. As part of this provision <> will be supported to: Research FE courses, including vocational studies Complete a CV Make an application for an employment opportunity Undertake 1:1 supported work experience 1 x a week, a minimum of 30 minutes. Supported work experience in 2 blocks of 4 weeks for a minimum of 12 hours. Additional career resources and advice will be found under this link: <> will have support from an experienced and suitably qualified psychologist or disability counsellor for ongoing SEMH support for up to 10 sessions per year to age 25. <> will receive 1:1 support throughout the whole school day, including all breaks and lunch times, enrichment activities and school trips. INA, with experience and training in supporting children with complex physical needs. A full risk assessment of the educational environment will be undertaken, with additional daily oversight. <> will receive 1:1 support throughout the whole school day due to PICA needs. <> will receive their education in class sizes of no more than eight needs appropriate peers, with a fully needs differentiated curriculum, with a whole school approach to <>. Consistent visuals and an AAC approach will be embedded throughout the curriculum and as a whole school approach. All staff will be trained and experienced in supporting children with speech and language/communication and interaction difficulties. This clearly isn't exhaustive, but it gives an insight into how really good provision is worded. Getting the EHC Plan to this level will always require amendments to the original. Often significant amendments. All professional reports must be cross-referenced into B and F, and you must then ensure that the whole of Section F is worded to legality – back to those aforementioned Woolly Words… Whichever placement is correct for your child, it's imperative that your EHC Plan is provided for each and every need. Only then will your child be effectively supported to reach their very own unique potential. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

If you have a draft EHCP following an EHC Needs Assessment, you have 15 calendar days to respond to this draft EHCP, to request changes. For more information about how to make a robust response to a draft EHCP see this blog here. Under SEND Regulations 13, the LA must agree to meet with you to discuss the draft plan if you request this. This meeting is called a co-production meeting and we strongly advise that you request one when you return your response to the draft EHCP to the LA. Many families find these meetings helpful because they provide an opportunity to discuss proposed amendments, refer to professional evidence and seek clarification regarding any areas of disagreement. These meetings are often held online, although arrangements vary between Local Authorities, and will include the caseworker, occasionally the EP, yourself and a representative or friend if you choose to have someone there to accompany you. When we attend co-production meetings to support parents with draft EHCPs we have checked, we find that the most successful strategy is for the LA to share your draft EHCP response on the screen and to work through all of the requested changes in turn. Where amendments are disputed, parents should refer to professional evidence, relevant legislation and case law to support their position. Always use your professional evidence to justify changes. And call out woolly wording. Under SEND Regulation 13, the Local Authority must arrange a meeting to discuss the draft EHCP if a parent requests one. We support many families each week through the draft check and co-production process, avoiding the need to appeal because amendments are made, and the parents' choice of school agreed. If you would like support to check a draft EHCP and attend a co-production meeting, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email EHCPchecks@empoweringSENDfamilies.co.uk 1 to 1 meetings are available to book here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

If you have a draft EHCP due in the school holidays when schools are closed, this blog will explain what you should do. It will guide you through how to prepare and respond to a draft EHCP that is received during a school summer break, Christmas or Easter holiday – when schools are not open for extended periods of time and potentially for the duration of your 15-calendar day response time. There are clearly limitations that do not occur during term time. You must now consider the following: You will not be able to discuss the draft with the current placement You will not be able to visit schools You will not be able to discuss potential placements with schools Arranging transitions into new schools will be logistically challenging The 4-week Rule The ‘4-week rule’ is relevant when the 20-week timeframe to finalise a new EHCP following a needs assessment includes the 6-week school summer holiday period. For more information about the ‘4-week rule’ check out this blog here You will not be able to discuss the draft with the current placement. This may not be such a great disadvantage. The EHCP is not written for the school. It is written for the child. It is not unheard of for a member of staff at a school to discourage a parent from making changes to a draft or advising that provision should be removed, for the following reasons: Not all school staff or SENCOs have specialist expertise in drafting or legally reviewing EHCP wording. A poorly worded EHCP can make it harder to identify precisely what support must be delivered and how compliance should be monitored: Where provision is vague or unspecified, it can become more difficult to determine what support should be delivered and who is responsible for providing it. Vague provision can be difficult, and in some cases impossible, to enforce. It is your responsibility as a parent to make sure that your EHCP is fit for purpose. This can be an overwhelming prospect, but we have the resources to help you to undertake this as a parent. Watch our YouTube video on EHCP checks here Read our blogs on how to check a draft EHCP here, Woolly Words here, and examples of good EHCP wording here. Our webinars are here. If this is one job too many, we also provide bespoke draft checks as part of our professional legal advocacy services. If you are hoping for your child to move school when their EHCP is finalised, you will not be able to visit schools during the holidays, but you can find information in other ways. Here are some suggestions on how, and what you are seeking from your research: What is the current vibe of the school, how are parents who have children here feeling about the placement? For this you can use social media. Go onto local forums and ask questions, along the lines of “I’m looking for a school for my child who struggles with XXX, would they be a good fit here, talk to me about your experience”. Post anonymously, as this will enable a safe platform. There is nothing quite like lived experience. If the feedback is positive, you may be able to meet up with parents for a deeper conversation. If it’s negative, this may be one person’s experience, but it will at least give you pointers to investigate further. Do a ‘drive by’ – you may not be able to go in, but can you see the site? How is it placed? Is the location one that will suit your child. By this we don’t mean that it has sea views or a Starbucks next door. If your child elopes, is the school site safely gated and fenced? How far is the school from your home? Is the school as described by your caseworker, or not? Consider distance, how long will this take at school run time, and how early will your child need to leave home? Where travel difficulties are significant, these should form part of the evidence considered when determining appropriate provision and placement. Do your online research. Check out the school’s website. You can often get a good feel for the school, and you can find links to their Ofsted report, SEND report and relevant policies. Lack lustre information on SEND tells you more than they may think. You should be seeing information on the following: how children and young people are reviewed and assessed for needs and progress. how the curriculum and environment is adapted and differentiated for those with SEND. how effective SEND support is. Where students go on to, to undertake GCSE’s, A levels and FE/HE placements. How are functional and life skills supported? How are SEND children and young people’s needs met holistically, including SEMH needs? Critically it must also include the specific expertise and training of staff with regard to the cohort. You will not be able to discuss potential placements with schools. Unfortunately, during the school holidays you will have to rely on the research above to make a decision about which school(s) you want to name as your parental preference. In addition to the research ideas above, you can also: Look for the schools Accessibility Plan, is this available online? Under Schedule 10; section 3(4)Equality Act 2010 schools are required to prepare and implement accessibility plans and make information about accessibility arrangements available. Maintained schools and academies should publish information demonstrating how they meet their Public Sector Equality Duty. (Regulation 3 The Equality Act 2010 (Specific Duties) Regs 2011) – This will explain how the school eliminates discrimination, harassment and victimisation including for children and young people with SEND. If you find that you are refused a place in your preferred school because they are full, this can be challenged. Our YouTube video will help you to make the decision about whether to challenge a school that is full. here It is also worth checking out Freedom of Information (FOI) requests. It is possible that there are FOI requests about schools that you are interested in, which can include how far over PAN schools have been before. PAN is the Published Admissions Number which is the number of pupils a school can admit for each Year Group. For FOI information look at www.whatdotheyknow.com Contact the school. Key administrative staff will be picking up email, and the headteacher will have to make arrangements for formal school consults from the LA to be responded to, so it is worth contacting the school. All schools will be working on a significantly reduced staffing capacity, so make sure that you email, and chase after a week to ten days. Be brief: Have they received a draft? Please see attached the amended version (don’t be fooled into thinking that the LA will have sent this). State either that you believe they can’t meet need (and no offence, but you aren’t our parental preference) or that this is the school that you are prepared to appeal for, should they agree to meet need. Please can they get in touch to discuss? They may ignore you, but then again, they may not. You really don’t have anything to lose by attempting to reach out, especially if you gently mention how much you appreciate a response in the holidays. Our blog on School visit top tips here will help you here too. You can request a timescale extension to the draft; you have 15 calendar days to make amendments (not working days). The LA ‘can’ agree to extend this to allow you more time – we wouldn’t necessarily advise this for draft checking, but to push the time out to enable you to have greater opportunity to access schools this might be useful. However, drafts are sometimes issued shortly before or during school holiday periods, which can create practical difficulties for families. Remember – you only have 15 calendar days to make those amendments and to request a school. It is also worth noting that school type can, and often will, change following a robust draft check. If you are requesting an extension, always do this in writing, and ensure the agreement is in writing also. Don’t leave anything to chance. Always keep written records, as misunderstandings can arise regarding verbal agreements. Use our blog here on how to find schools. Watch our YouTube to help ensure a school is suitable here Discussing transitions to a new school will be logistically challenging, but you can and should be as prepared as possible. Our YouTube video, ‘Is this the right school for your child?’ here has an explanation of how a good transition should be implemented. If the LA have confirmed a school place, and you cannot make contact with the school to start transition discussions, you can begin to create your own resources. These resources will be useful: Look at writing your own Social stories here Go online and use photos from the school website. Generic photos from Pinterest can be helpful too, (choose carefully to reflect UK schools). Use these to make an ‘All About My School book’. A photo of your child on the front, then as you go through, photos of the school, of school halls, lunch times, coat pegs, tables, books, the library, including ‘home time’. Children are often worried that they will have to stay at school and never come home. Don’t shy away from telling your child what you will be doing when they are at school. Remember that they have just been having the best time during school holidays. The thought that life at home will carry on in this carefree way can make the thought of going to school even harder. That you will be at work, caring for others and cleaning up the mess left after breakfast, doing the shopping, the everyday mundane may help that FOMO. As is explained in our other resources, start a routine at least the week before school starts, getting up and dressed in time, have the school uniform in sight, a very gradual move back into that school routine. The closer you get to September, the higher your expectation must be on communication with both the LA and schools. Hold accountability; the LA have a duty to ensure that a school is found, and the school have a duty to ensure that a transition is in place for your child. Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you with a draft EHCP, email EHCPchecks@empoweringSENDfamilies.co.uk Book a 1 to 1 support meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

This article explains what happens during an EHC Needs Assessment and how you can ensure the best identification of needs and provision possible. An EHCP is only ever as good as the professional advice obtained during the EHC needs assessment process. The identification of outcomes, needs and provision in professional reports will be used to write your child’s EHCP, so it is extremely important that professional advice is as accurate and thorough as possible. What happens now that the LA have agreed to an EHC Needs Assessment? Your Local Authority must now carry out the assessment. This means that they must seek advice from a range of different people on: Your child or young person's needs The provision required to meet those needs and The outcomes expected to be achieved by your child or young person. Who must be asked for advice? Regulation 6(1) of The Special Educational Needs and Disability Regulations 2014 (The SEND Regulations 2014) states that the following advice must be sought during an EHC Needs Assessment: The child's parent Educational advice (usually from the head teacher or principal) Medical advice and information from a health care professional Psychological advice and information from an educational psychologist Advice and information in relation to social care Advice and information from any other person the local authority thinks appropriate Where your child (or you as a young person) is in or beyond year 9, advice and information in relation to provision to assist your child/you in preparation for adulthood and independent living, and, Advice and information from any person you reasonably request that the local authority seek advice from. The LA is legally required to gather all of this information as a minimum. If your child (or you, as a young person) is hearing impaired and/or visually impaired, the educational advice must be given after consultation with a suitably qualified person. This is set out in SEND Regulation 6(2). Your LA should consider whether a full social care assessment or health assessment is also needed. The law is unclear about whether health and social care assessments are automatically triggered when a request for an Education, Health and Care (EHC) needs assessment is made. In practice, In practice, health and social care assessments are not always automatically undertaken as part of an EHC Needs Assessment. Parents may therefore wish to make separate requests for health and social care assessments where relevant. Can I ask for advice from a specific person? You can ask your LA to seek advice from anyone within education, health or social care, as long as it is a reasonable request, as set out in SEND Regulation 6(1)(h). This could include a speech and language therapist, occupational therapist, physiotherapist or someone from CAMHS (Child and Adolescent Mental Health Services). A request would be considered reasonable if a child has been identified as needing an assessment already, if they have already been identified as needing an assessment and are on a waiting list, or where the school, college or other professional has said this advice may be needed. You can ask your LA to get advice from a particular type of professional (such as an occupational therapist with training in sensory processing difficulties). Still, it would not normally be considered to be a reasonable request to ask for advice from a particular named professional. It is also not likely to be considered reasonable for you to request that information under SEND Regulations 6(1)(a)-(g) is sought from a named individual (such as an independent educational psychologist) rather than from the one proposed by the LA. Request by email that advice from a particular professional be requested so that you have a record of your request. Your LA must consider the individual circumstances of your request and decide whether it is reasonable. It must not apply blanket rules, for example, that it will not seek advice from a particular service unless the child or young person is already known to them. Can existing reports be used as part of an EHC Needs Assessment? Your LA does not have to seek new advice where the same type of advice has already been provided for any purpose – for example, if there is already a recent educational psychologist's report. However, this applies only if you, the person providing that advice and the LA are all satisfied that the existing advice is sufficient. Previous advice can only be sufficient for an EHC needs assessment if it is relatively up to date (as a rough guide, within the last 18 months) and accurately reflects your child's current needs, the provision required to meet those needs, and the outcomes which this provision will aim to achieve. Can I submit my own reports? Yes. If you already have advice and reports that you have commissioned or that have been provided by school, NHS or LA services previously, these can be submitted as part of your own advice to ensure that they form part of the assessment process. This evidence must then be considered when the LA makes its decision. LAs often say they cannot consider private reports. This is not true. SEND Regulation 7(b) says that the LA must consider all information provided by or at the request of a child, parent or young person. Your LA must send copies of your advice and information to all the other people from whom advice and information is being sought. This is set out in SEND Regulation 6(3). What should their professional advice contain? Paragraph 9.51 of the SEND Code of Practice 2015 (the Code) says the advice should be clear, accessible and specific. In particular, it should address your child's needs, the special educational provision required to meet those needs, and the outcomes that this provision will aim to achieve. LAs should not have policies stopping professionals from giving advice on the amount of provision required. There is specific guidance for educational psychologists involved in EHC needs assessments here. This guidance makes it clear that: Their input must focus on the needs of the child or young person, be independent, and not be driven by financial or other constraints (paragraph 3.19) Their advice should not be influenced by consideration of specific educational settings (paragraph 3.22) Provision recommendations should be clear and specific enough so there can be agreement about whether or not they are being followed (paragraph 3.24) Best practice would be to give robust advice leading to clear, specific and quantifiable provision (paragraph 3.27), and guidance should be provided in terms of 'no less than', 'at least' or 'always' (paragraph 3.28), and, The expert should be given enough time and resources to provide advice. There is specific guidance for speech and language therapists involved in EHC needs assessments here. This guidance makes it clear that advice should be based on an up-to-date comprehensive assessment of all areas of communication functioning, and that provision should be clearly specified and quantified, and should relate directly to the needs of the child or young person, not to the level of services available (see paragraph 9.4). How can I make sure that professional advice is as accurate, detailed and thorough as possible? Preparation is key! Preparing for an Educational Psychology Assessment: If you have a SALT, OT or EP visit or assessment due, do request that you have the opportunity to speak with the professional first. Ask: How long will you be spending with my child? Will you be undertaking any formal assessments? If so, which ones? Will you be observing my child with their peer group? Will you be observing my child with adults? Will you be observing my child in both structured and unstructured activities? Will you be undertaking any 1:1 conversations with my child? Share all your child's difficulties with the professional and ask them to address all of your areas of concern in their report, including identifying provisions. E.g. Handwriting/mark making Handwriting speed Reading/reading readiness Working memory Processing speed Attention Concentration Engagement Sensory needs Ask them to: make recommendations for the need for further assessments from other professionals, such as OT. ensure that their report identifies all their needs and specifies and quantifies provision to meet all their needs, to support a comprehensive and accurate assessment of need. Share all your requests and a list of the difficulties that your child has that you would like them to advise on in writing, even if you have discussed this with them face to face or in a phone call. This will then be evidence of the request should the report not be as anticipated. Where do I go from here? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

There is widespread agreement among professionals and families that early identification and intervention can significantly improve outcomes for many children with SEND. Spotting the signs as early as possible that a child may need additional support to reach their age-related expectations will help prevent additional difficulties further on in their educational journey. Parents know their children best, and if they raise concerns these must be taken seriously. Different children may meet their milestones at different points, and this must, of course be considered. Every child is wonderfully unique. However, it is natural to be concerned as a parent, knowing that a friend’s child can sit, stand, talk, identify colours, count and purposefully mark make, and their own child cannot, they will, and do compare and worry. Everyone wants the best for their child, not for their child to be playing catch up with their peers of a similar age. Is this the naturally concerned parent moment because one child is developing more strongly in one area and another child is at age related expectations, or something more? Difficulties with challenging behaviour: is this inexperienced parenting or something more? A child whose play appears to be solitary, when their peers are at parallel and emerging into associative and then onto cooperative play? Is this the child’s usual way of learning through play, or just a very attentive and focused child? Is this child age-appropriately seeking to investigate boundaries and rules, the ‘angry when thwarted’ stage of development? Or is this child often in a state of dysregulation, and finding it extremely difficult to regulate, explain the reasons for their upset, and accept strategies to help the next time? Is this child wondering if the playdoh is biscuit mix or are they consistently putting non-food items into their mouth, are the cuffs of their jumpers frayed because they chew on them? Is this a child playing at being a character from the television or are they a gestalt language processor and speech is developing in this way with echolalia past the usually expected age? We track children’s progress, and we may see differences beginning to emerge. Early years must be a time when all those involved in the care and education of young children have the skills, knowledge and understanding in how to support children whose difficulties are just appearing on the radar. Indeed, Early Years often is the time when children with additional needs are best supported. The training in child development and psychology that Nursery Nurses have undertaken, to give one example, can be highly beneficial to both identifying and supporting little ones who are not hitting their age-related expectations. EYFS provides a very different way of learning: the fluidity, the kinaesthetic approaches, with an acceptance that children are still developing at their own pace, in their own way. A child with a need for movement will have this opportunity, a child with sensory needs will be drawn to water play and sand, a child who struggles with demands will have choices throughout the day in ways that will not be available in the years that follow. Many of these characteristics will be seen as just this, not a difficulty – not a need, but an interest. “Oh yes she loves the sand, can’t keep her away”, “he is so engaged with our transport topic, he knows so much already about trains and tractors, he’s been teaching us all about them”. Delightful, sharing interests and being able to find the activity that calms and centres you, until the learning style expectation begins to change. The expectations to transition from one activity to another without debate and upset. The sand is put away, and the topic subject is not a favoured one. The child who is always ‘full of beans’ has to sit for longer periods of time. The child who is happiest playing alone has to join in with a group activity. The child who repeats set phrases, struggles to communicate, begins to have a few difficulties maintaining friendships, needs and wants can’t be understood by anyone other than those who know the child very well. The child who just wants to climb and run, is stronger and faster now, and if that door is slightly open, they’ll be off. Is the child tired, or dysregulated, maybe both? A conversation with parents reveals that sleep hygiene is very poor, their child cannot settle and if they don’t co-sleep no one sleeps. The child is very tired by the afternoon, and in the afternoon it’s unstructured activities and they are unable to focus on using the scissors, and sharing in a group activity is just too hard. It’s too much, and then someone gets too close, the room is too noisy, the lights are too bright, and the child cannot communicate any of these difficulties. So they run and hide, shout, throw and push, put hands over ears, spin and flap, cry inconsolably and ask to go home, any or all of these may apply. Just tired, or is there more to this? “Come and join in, we’re all playing …” The response is a definitive “NO!” Alternatively: “I don’t really know if we should play or , and I’ll need someone who knows what to do. Do you know anyone?” Can result in a “yes we are going to play game 2, because I know what to do”. The demand has been removed, and the choice has been made. You have been having to ‘entice’ this child to join in for weeks, and you have to tread carefully as he is a ‘natural leader’ and has to be in charge, has to be at the front of the queue and shouts his answers out. He is extremely upset if this doesn’t happen. The child who is ‘so full of energy, and enthusiasm’ is now being regarded as impulsive, a fidget, cannot wait their turn, is always wandering around, struggles to concentrate on the activity and loses interest very quickly. They too shout out, push to be at the front, talk too much and too loudly, are beginning to disturb the concentration of the children sat next to them, and their play is very physical and often with more force than they realise. You notice that another child never has their trousers pulled up, they can’t put their coat on and even if you start the zip, they can’t pull this up. They avoid all mark making and eat with their hands. They never seem to be sat straight at the table and spend more time on the floor and bumping into things than remaining upright, and they cannot wipe after going to the loo. The majority of their friends can do all these things, and they are starting to notice. This child never goes out to play on time, because they need someone to help them, and that can start with finding their coat, because they didn’t hang it up properly. By the time the child is outside, everyone else has someone to play with, so they sit by themselves. The little girl who appears to be ‘fine’, she will struggle occasionally; she isn’t the first to ask questions or say that she needs help – so she must be okay; you notice that she will ‘follow’ others and seek to please but will often fall out with friends. Rules are important to her, and she makes sure that these are enforced. She is quieter than the rest of her peers and can get tearful at times especially when separating from mummy in the mornings. She will get very upset if the game or activity she is involved with doesn’t go as well as planned. Even at this age this little girl could be described as a ‘little perfectionist’. Then when talking to parents they describe how she comes home, crashes and bashes her toys, cries and screams and hides under a blanket with her tablet. Masking has become increasingly recognised within autism research and practice and may be particularly common in some girls and young women. Why? Difficulties such as the ones above are not consistently being flagged as potential warning signs of a child requiring additional, targeted, specific and enforceable (funded) support. Why? From our professional experience, the lived experience of our Facebook community, and from our own research, the reasons are, at face value not as difficult to explain as may be expected. This does not mean that they are simple to alleviate. For many parents, years down the line and battle scarred from trying to achieve support, these reasons are at the very crux of why their children’s difficulties have increased exponentially. Earlier identification and support may, in some cases, reduce the escalation of difficulties and improve long-term outcomes. A child who has been repeatedly placed into isolation, suspended, had fixed term exclusions and then been permanently excluded due to difficulties with emotional regulation, who only after this receives a diagnosis of ASD with a PDA profile and Sensory Processing Difficulties, might have experienced less distress if their difficulties had been identified and supported earlier. and with empathy and understanding. This is not to say that EYFS staff are not doing their best, from the conversations we have with parents and EYFS placements the issue is not about the want to help, it’s about the information that is made available and the support provided from Local Authorities. When the information is provided by your Local Authority, when the training is undertaken by the Local Authority, it’s an obvious enough assumption that this information and training is correct. Why would ‘policy’ not also follow SEND law? Why do some practitioners and families feel that local policies and practices do not always reflect the legal framework? Having spoken to a selection of EYFS pre-schools and Day Nurseries the following has been disclosed: “We don’t have any of those children here, our children don’t have SEND, they are all just normal children. We have, in all our years never had to apply for an EHCP, but sometimes this happens when they go to school. It’s not something we have to do.” “Yes, we have applied multiple times, and at each time we are knocked back. Apparently, we don’t provide enough evidence, but we use the application process that the LA have told us to use, so what can we do?” “Tell me about it – it’s a nightmare for us, the child, their parents and, to be honest the other children here. We have made 5 applications and none have been approved. We are always told that we have to provide evidence that the child already has Special Needs and that they have a huge amount of additional provision already in place. We can’t afford to provide full time 1:1’s so the help they need isn’t provided. So, we offer a part time placement, or their mother comes in to help”. “We have battles every step of the way, the paperwork isn’t correct (it is), or it’s because the evidence isn’t there, the child doesn’t have a diagnosis (I don’t think they need one, do they?), we haven’t undertaken enough Assess, Do, Plan Review. The child is happy, or the child can speak, or the child can make marks on a piece of paper, or the usual one at the moment is ‘all children at this age behave like this’. We apply, we get the parents involved and then it’s our fault because the assessment is refused.” Many settings report significant challenges in securing EHC Needs Assessments for younger children and that decisions are influenced by local policies or practices that they believe are inconsistent with the legal framework. We are seeking to change this. Empowering Families of Children with SEND. If you have any questions come and find us on our Facebook Group, we are always available to provide professional support there. For more information about how Empowering Families can help you email admin@empoweringSENDfamilies.co.uk And book a meeting with us here We are, and always will be, Stronger Together.  You can find testimonials to our bespoke services on our website and Facebook business page - here

SEND Advocacy is currently unregulated and this is a big concern to both parents and professionals. Let us explain why. Firstly, let’s look at how some SEND advocacy services are being promoted. Your advocate says they have managed a successful appeal for their own child. Does this really qualify someone to work as a professional advocate or make them an appropriate professional to manage your child’s case? Every individual SEND child/young person is unique. Lived experience is your own personal experience of your own child; no one knows them as well as you do. Successfully appealing for one's own child does not, by itself, demonstrate that an individual has the breadth of knowledge, training, qualifications or experience required to support a wide range of families and SEND circumstances. Some advocates may rely heavily on AI-generated content without sufficient professional oversight. What is the problem with using AI? AI should not be relied upon as the sole basis for reviewing an EHCP. A robust review requires professional judgement, detailed analysis of the evidence, knowledge of SEND law and an understanding of the individual child. Reliance solely on AI-generated grounds of appeal or position statements may create significant risks, including factual inaccuracies, misapplication of law or references to non-existent case law. This could undermine the strength of the appeal, require corrections to be made, or reduce the weight given to the arguments presented. Draft checks and the support being provided for these. Your child/young person’s EHCP is written for the child/young person. Professional evidence is also unique to your child’s SEND. We are seeing drafts that have been AI checked which in our experience can include generic wording, inaccuracies or content that is not well aligned with the supporting evidence. Poorly skilled and qualified advocates, including those who rely on AI, will struggle to provide effective support in complex meetings where detailed legal, educational and procedural knowledge is required. You can’t rely on AI to give you the answer in a face-to-face meeting! This is precisely why you should be concerned, and why we are calling for SEND advocacy to be regulated and registered. We regularly encounter parents who have used poor quality advocates and advocates have to pay again for additoinal support to rectify issues. This results in both financial debilitation for families and lengthy delays in their children receiving the enforceable educational provision they are legally entitled to via an EHCP. As SEND advocacy is an unregulated business, unlike regulated professions, there is no dedicated statutory regulator for SEND advocates, which can make it more difficult for families to obtain independent oversight or formal remedies for poor-quality services. We hear about advocates who have disappeared after payment has been received leaving parents out of pocket without the promised work being delivered. Others who charge by the hour including a cost for every single email, every minute reading through emails, messages, reports etc, resulting in huge bills. Essential questions to ask before you engage an advocate: Does the advocate have a clear, consistent, professional business presence that demonstrates reputability? Have they made their experience and qualifications publicly available? Is their Public Indemnity Insurance certificate and ICO registration available? Do they have an AI use policy? Do any forums associated with their advocacy business have a strong safeguarding policy, and robust moderation by qualified professionals? Are all costs transparent? Have you been provided with full service schedules, to enable you to choose the support that suits your own individual needs? Do you have a written agreement of the work that will be undertaken, when and at what cost? Have you been signposted to testimonials and reviews from previous clients? Have you read these? Are they consistent and will the advocate verify these, if requested? Are they covering all elements of the business that the advocate states they cover? Are the reviews up to date? Reviews displayed on a company's own website are typically selected by that company. Families should also look at independent review platforms and seek recommendations from trusted sources such as Trust Pilot, Google and Facebook Reviews. Do they offer a choice of ways to pay, including credit card and PayPal, to protect your payment? How many years’ experience in education and SEND law do they have? Does their experience cover the full scope of EHCPs from birth to 25? If the advocate is stand-alone, what measures do they have in place for continuity if they are unable to finalise your case for any reason? For more information see this guide on using representation We know that high quality advocacy provides parents with a valuable and affordable support system that changes lives. It is because we are so confident in our own business that we are comfortable highlighting potential pitfalls. Find out more about the Empowering Families Team, our public indemnity and ICO certificates, VAT number and company registration here Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.