Worcestershire council 'failings' over EHCPs for children

Worcestershire County Council allegedly placed unlawful demands on those seeking education, health and care plans (EHCPs), which are required before a child can attend a special needs school or receive extra funding.

The Times previously reported the council's criteria for an EHCP assessment was unlawful as it required proof of a child failing at school for at least two terms.

However, the law does not specify a period.

Emma Thorne, of Flyford Green, in Flyford Flavell, near Worcester, applied for an EHCP for her autistic son in July.

She said: "I received a letter in September which said we hadn't included enough evidence and support to suggest he needed an assessment.

"My son's headteacher rang the council the day the children went back to school and asked them why they didn't put in the letter what was missing and how we could go about including it."

After the headteacher's efforts, the council sent another letter in October saying it would assess Joseph, aged nine.

His mum said her application for an EHCP included reports from Joseph's school, the NHS and other bodies.

She finally received a draft copy of the EHCP last week.

Another Worcestershire mother, Louise Houston, spent five years battling for an EHCP for her 12-year-old son, Noah, who has autism.

Her boy has now secured a plan. However she said her struggle to get it was a 'diabolical nightmare'.

She said: "The persistent refusal to deny what our son is entitled to has resulted in disastrous consequences.

"Worcestershire health, education and social care services have repeatedly failed him. They interpret the law in their own way.

"Had our son's education been appropriate to his needs he would have had his needs recognised, understood and supported.

"He would have made progress. He would not have reached such a terrifying place where his anxiety was so acute, he became too unwell to attend school."

The mother claims she was repeatedly told that Noah did not need an EHCP, however after numerous legal challenges the council relented.

Heather Saric, aged 33, of Penhill Crescent, in St John's, Worcester, also experienced delays in securing an EHCP for her son.

She claims it took the council 18 months to send her a draft copy of the plan for her seven-year-old boy.

Miss Saric added that she should have legally received the EHCP within 20 weeks.

Her son, also called Noah, has learning difficulties, sensory processing disorder and a speech delay, and attends a special needs school, which meant he was automatically entitled to a plan.

Jessie Hewitson, author of Autism: How to Raise a Happy Autistic Child and a journalist at The Times, said: "Councils are using stalling tactics to save them money.

"But also when parents do manage to get EHCPs, these can be worded so vaguely that they are unenforceable by the parents, both at school and with the council.

"It is now common for parents to be given unlawful or misleading information by their local authority and the reason why this is, is local authorities aren't receiving enough money from the Government to comply with their legal obligations.

"This means that the clued-up parents who know their rights take their local authority to tribunal over refusing to assess, a lack of support, or badly-written EHCPs - the tribunal is a court system where parents of special educational needs children can appeal the support offered by the council - and they win just under nine out of 10 cases.

"The children with parents who don't know their legal rights, or who don't know have an encyclopaedic knowledge of special educational needs law often go without."

However, Catherine Driscoll, director of children's services for the county council, said: "We have worked with parents and carers to develop a new and improved local offer.

"The website that we recently launched continues to evolve and the wording on the special educational needs and disability (SEND) school provision and education health care plans page is now correct.

"Our approach in Worcestershire is firmly founded within statutory guidance.

"We aim to publish information that is relevant and useful for parents and carers of children and young people with special educational needs and disabilities."

The council has now changed its website to clarify that it 'normally' requires proof of two unsuccessful school terms before a child is eligible for an assessment and that each case will be looked at on its merits.

To view the page, go on www.worcestershire.gov.uk/info/20613/send_school_provision_and_education_health_care_plans_ehcp/1798/send_school_provision_and_education_health_care_plans_ehcp/6