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What support are Sen children 'entitled to' without an ehcp?

(18 Posts)
Littlemisschocolate Thu 22-Sep-16 20:52:42

What do schools have a duty to provide for children who have Sen but no ehcp. School says my yr1 asd son is way behind but not bad enough for a statement but they are being very vague about what support they are prepared to offer. I am working on pinning them down on the specifics but I have no idea what they have a duty to provide or what my son is entitled to.

zzzzz Thu 22-Sep-16 21:02:51

I'm not sure what you mean? He has the same right to an education as every other child.

zzzzz Thu 22-Sep-16 21:03:56

Why do they think he is struggling to make progress?

Littlemisschocolate Thu 22-Sep-16 21:14:43

He hasn't met his early learning goals and is about a year behind but they haven't been able to articulate why. He doesn't have any intellectual difficulties.

noeuf Thu 22-Sep-16 21:17:10

Hi what you need to do is google SEND code of practice 2015 and read chapter 6.

That explains school's responsibilities. Unfortunately schools vary in what they will do and will claim funding issues, other more needy children etc.

Littlemisschocolate Thu 22-Sep-16 21:31:59

Thanks noeuf, I will do so now.

lamya190 Thu 22-Sep-16 22:14:34

I could have written ur post exactly as it is! So bumping for u as having the same issue

Littlemisschocolate Thu 22-Sep-16 22:25:02

Lamya, i hope you have some success. I have experienced obstacles at every turn, caused mainly by a lack of resources, e.g. OTs don't do school visits anymore, school unwilling to use their budget to provide extra support. Result: child continues to flounder.

noeuf Thu 22-Sep-16 22:28:56

There is nothing that says 'for a dx of ASD x,y, z must happen' but the code does talk about assess, plan, do, review and class teachers taking responsibility for children's SEN. Read it first and then maybe ask for some definite facts on what they are doing differently. What you need is to avoid saying 'he has ASD, what will you do' but to focus on what having ASD means and what he needs support with.

lamya190 Thu 22-Sep-16 22:35:32

Yeh it's all really tricky and I seriously feel that without an ehc plan no support will be consistent. Schools love talking about how they have children who are worse off, our senco as good as told me I should thank my lucky stars that my son is high functioning !

PolterGoose Fri 23-Sep-16 07:15:50

Schools should provide whatever support is required, but they often don't. There should be no blanket policies like having to be 'behind'.

In reality though they often don't. It is worth reading up on your child's rights. It's a good idea to keep a paper trail. Keep a diary. Put queries and requests to school in writing (eg email), and follow up any phone calls, verbal discussions or meetings with an email saying what you understand was agreed. This will al be invaluable in the future if you have to apply for an EHCP yourself.

Littlemisschocolate Fri 23-Sep-16 08:04:36

Poltergoose, very good point about following everything up with emails so there is a record. I agree that it is important to know what your chlds rights are. I've been looking at the equality act 2010 and the children and families act. I've found that the equality act talks about 'reasonable adjustments', although we can differ on what we consider reasonable. Not sure which bits of children and families act i can use really. finding the send code of practice a bit vague too. I think our problem is really around poor teaching and low quality interventions.

PolterGoose Fri 23-Sep-16 08:51:31

Look at the IPSEA and SOSSEN websites.

IME a good school will do whatever is needed to support a child. A not good school will make everything a battle. I would advise you set yourself a goal, if things aren't demonstrably improved by X date, change schools.

JudyCoolibar Fri 23-Sep-16 09:09:34

If the school is saying that it doesn't have the resources needed to help your child make progress, then they are saying he fits the criteria for an EHCP. At the very least, it sounds as if your child should be the subject of an assessment - the only criteria for that under section 36(8) of the Children and Families Act is that he may have SEN and may need an EHCP. Even if the assessment doesn't result in a Plan being issued, it should mean that his difficulties are better identified and some advice will be provided as to what support he should be getting.

JudyCoolibar Fri 23-Sep-16 09:10:16

Agh, the criteria are, not is. Feeling illiterate here.

Littlemisschocolate Fri 23-Sep-16 14:17:43

"If the school is saying that it doesn't have the resources needed to help your child make progress, then they are saying he fits the criteria for an EHCP."

Thanks JudyCoolibar. When you put it like that it seems really simple.

Poltergoose, I think you are dead right about having a deadline for moving schools. This thing could run and run otherwise. I intend to arrange an assesment.

youarenotkiddingme Fri 23-Sep-16 19:31:40

I agree about moving if needs be. I fart arsed around fighting DS secondary for a year because of what they 'should' do. It just made me Ill.

A good school will do it because a child needs it or will discuss with you your concerns and show you evidence of progress if you question how they are doing with X.

So if you say you have concerns DS is struggling with X because he can't do Y - they either say, yes, we've noticed that. We are putting in an intervention 1 day a week for 20 minutes to work on y and our target is he will be doing it independently by this date.
Or they say, he's doing really well with y. This past few weeks he's independently shown this skill so we are monitoring him. If he doesn't bridge the gap with his peers we will put support in at this date.
Or you get, there's no problem, we have no or off there isn't and any way other childre are worse.

First 2 you know schoo, is good. Third one - run!

Littlemisschocolate Fri 23-Sep-16 22:12:38

Good advice youare, thank you. I hope things have improved for now. I will be mindful of that when I meet with the teacher.

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