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Why does school get final say wi EHCPs ?

(13 Posts)
Mjandy Wed 03-Jan-18 11:49:15

Why is it school get final says in getting you extra support? Why is it schools can't agree with all other agencies?
Why just because your child can robotically function at school does that mean all is going ok. My son who we adopted 2 years ago had had basic assessments and was found to have GDD. Since then seen multiple people and has a long diagnosis including ASD. He's now 8. Stuck in mainstream school school agree behind but not enough for EHCP. Yet social worker, paediatrics and myself really need ehcp for all his social needs and ongoing health issues as all are life long.
Why do school think they know better ??

Freedom8 Wed 03-Jan-18 16:59:28

Hi Mjandy,

You have right to request an EHC assessment yourself, independently from the school. If the LA refuses, you can appeal to the tribunal which has a high win rate for parents.

Let me know if you need any more help, I can recommend an advocate.

All the best

Haveasay Wed 03-Jan-18 17:15:07

In order to have an ehcp agreed there needs to be identified educational needs over and above what is available in a mainstream school.
An ehcp will not bring additional social care or health resources as they should be accessible anyway. There is not a right of appeal to get increased social care or health resources... you are only able to appeal against certain sections of an ehcp and it does not include social care or health sections.
But as the previous post says, you can request an ehcp assessment yourself based on educational need. If the assessment is turned down many authorities offer a "way forward" meeting at which you can request other professionals to attend which may address the social care and health aspects.

Mjandy Wed 03-Jan-18 17:54:57

Hi
Thanks for the replies, just frustrates me when you spend so long with children with a greater social need than the educational side. Have read in other posts there is no definitive educational gap before a plan is put in place. Sadly he will always have a gap because of his GDD.
My son works in groups and he will feed off this as he will attach to people for attention also has no stranger danger awareness too, can't walk anywhere alone. Has toilet issues, has over eating issues due to attachment disorder. Blood disorders, as well as his autism and his GDD. Plus a long list of other things.
Can't retain instructions everyday is like ground hog day at repeating the basic day routine. It's very sad and frustrating. Yet he will always be like this because of his learning disabilities.
Academically he learns but a very slow pace currently in year 3 but at year one ranges for a lot of things.
when asked about homework to recall information in his daily work has no idea what's going on or what to do. 10 mins of homework can take an hour.
School say he manages fine but I don't understand how.
School report constantly says emerging or working towards but no definitive targets are set. Gap not wide enough for extra support or EHCP.
He robotically talks but can't talk in detail about things. To me he just goes with the flow of school. Hates change and noise and lots of people, plays with younger kids has no friends his own age and doesn't talk about school at all when he gets home good or bad even when we talk or ask about it.

Just seems mad that they don't want to pull all these issues together on a plan as every year when he moves up no one reads his back ground and then they moan when you tell them things that are in his file and they say "we are unaware of that." Plus to me with his adoption they should be obliged to spend more time reading it so they don't make his life more difficult. Like sending homework home about writing about your family background!! I was very cross as these are hard to discuss for him. Dreading secondary school as the local one is massive and he won't cope. Educationally or socially. sadsad

ofcoursehesthefuckingfarmer Wed 03-Jan-18 21:32:05

My DS is at age related expectations and has an ehcp. It is doable, we applied ourselves.
Schools tell you all kinds of crap!

Haveasay Wed 03-Jan-18 21:47:07

Do the school have a Support Plan in place? If not could you request one? It should evidence the level of support he is accessing in order to engage with his learning and is good evidence to demonstrate the support he needs to make progress.
Have you had an assessment from an educational psychologist or a speech and language therapist?
From what you've said he has some difficulties which the school feel they are managing... But secondary will be very different. If I were you I'd gather evidence to make an ehcp request before reaching secondary age.

Mjandy Wed 03-Jan-18 22:14:31

Will definitely need something in place before secondary.
Waiting list for ed psych which I've been told has to be referred to by school and long wait. Has been signed off from speech and Lang due to speech being in line with his learning. Which if you heard him speak is at about age 5.
What pisses me off is they get a good rate of pupil premium for him as he's adopted on top of standard rate so you would think this would help with paying for extra things to help him. Makes you laugh. If not I would cry.

Whinberry Sun 14-Jan-18 00:13:21

Apply for an EHCP yourself. Don't wait on the school. Look at IPSEA website for advice. Be ready to appeal and go to tribunal - that is pretty much standard in some areas.

BashStreetKid Tue 23-Jan-18 13:41:05

An ehcp will not bring additional social care or health resources as they should be accessible anyway. There is not a right of appeal to get increased social care or health resources... you are only able to appeal against certain sections of an ehcp and it does not include social care or health sections.

Not entirely true. Health provision set out in the EHCP is enforceable against the Clinical Commissioning Group.

Although there isn't specifically a right of appeal in respect of the social care and health elements of an EHC Plan, it will be possible after 3rd April to ask the tribunal to review those elements in respect of decisions made after that date and new or amended EHCPs issued after that date. They can only make recommendations, not orders, but if the LA or CCG refuses to follow them they have to explain why, and may be subject to challenge through the ombudsman or by way of Judicial Review.

BashStreetKid Tue 23-Jan-18 13:43:58

The legal criteria for carrying out an assessment, the first stage of applying for an EHCP, are simply whether your child may have SEN and whether he may need special educational provision through an EHCP. It sounds as if you would easily meet both sets of criteria, particularly if the school is unable to communicate properly to ensure consistent provision. So I agree, you need to apply as soon as possible, and if the LA refuse, appeal. There's information about how to do it here - www.ipsea.org.uk/what-you-need-to-know/ehc-needs-assessments

Ellie56 Sun 11-Feb-18 22:59:42

If there are training needs associated with health or social care eg SLT they are educational needs and should be included as such on the EHCP.

Apply for an EHC needs assessment yourself. All you need to know is here:

www.ipsea.org.uk/what-you-need-to-know/ehc-needs-assessments

Tainbri Mon 12-Feb-18 13:55:07

Our DS's primary school said there was no chance of getting an EHCP, the made very little effort to get any outside support etc. In the end we paid for a private Ed psyc report. This triggered us to apply for an EHCP ourselves and despite school saying "he won't get an EHCP" he did and actually has a special school placement as his spLD is severe! There is a lot of paperwork involved in the process and looking back I think the school just didn't want the hassle!

Ellie56 Tue 13-Feb-18 10:07:55

Schools often tell you what the LA tell them to say, and all too often what LAs say and do is unlawful.

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