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New ECHP

(15 Posts)
Shineyshoes10 Sat 05-Jul-14 15:01:19

Been lurking for a while but it's the first time I've posted here so please bear with me.

My DD is 14 and in year 9. She's on school action plus at the minute. She has just this year been diagnosed with high functioning Aspergers after years of battling with CAMHS. She also has epilepsy. My friend who is a SENCO at a local school suggested I look into applying for a EHCP but I am totally confused about the whole thing and was wondering if someone would kindly explain.

Also do you think it's realistic that she would get one because she is academically very bright.

Ineedmorepatience Sat 05-Jul-14 16:23:20

Hi and welcome to the board. Children and young people with complex needs and emotional/social difficulties can be given a statement currently and as far as I know this will still be the case when the new plans come in in September.

I would suggest applying yourself now. Have a look on the IPSEA website for advice on how to go about it.

Good luck smile

AttilaTheMeerkat Sat 05-Jul-14 18:14:46

I would apply for a statement and asap making the application personally to the Chief Education Officer at your LEA. You would need to give this person six weeks to reply to your letter (mark that date on your calendar).

www.ipsea.org.uk is a helpful website and there are model letters on there you can use.

PinkShark Sat 05-Jul-14 22:53:43

just to clarify further, EHCP will be issued if the child/young person has special educational needs, emotional/social and behavior only will not result in EHCP and school will be expected to support this from their own budget.
SA and SA plus will no longer exist.
I would personally apply for SA as per the old system as soon as possible and by 31 Aug the latest so that the timescales of the old CoP are followed. That said all statements will be translated into EHCP within the next 3 years.

Shineyshoes10 Sat 05-Jul-14 22:56:48

Thanks for your replies, ipsea looks like a really useful website I will look in more detail tomorrow. Can you still apply for a statement then? I thought you now applied for a EHCP.

She definitely has social, emotional, sensory and communication issues. How severe would these need to be to get a statement?

zzzzz Sat 05-Jul-14 23:19:41

In my county they are now refusing all requests for statutory assessment (I know it's not August but this is what IS happening not what is supposed to be happening). So the only route open is now the EHCP. Your senco does all the applying you just fill in a bit. Give your local SENteam at the LA a call and ask them what the process is. Do the same with the senco, and prepare for weeks of calls and forms.

Jerbil Sun 06-Jul-14 01:35:00

Our LEA had a deadline for stat assessment requests, and I was told that they have stopped accepting request now until the EHCP comes in. However, ipsea told me if we applied after the deadline and the LEA did not accept you could then take your request straight to appeal. They said until a new regulation comes in then this one stands legally.

As to whether you should apply... If you don't ask you don't get! How is your DC doing at school emotionally/socially? The communication difficulties are an educational difficulty. Decide what you would like out of a support package. Have you spoken to the senco! What is schools take on whether a statement is necessary. Although not essential it is beneficial to have them support the process. I just completed a parental request and I know schools submission of paperwork mirrored mine. If you write your DC does not cope and they say opposite then they'll most probably refuse to assess (IMHO) then you'll need to decide whether to appeal.

Good luck and if you want to PM me feel free. My dc has aspergers too among other things.

Shineyshoes10 Sun 06-Jul-14 18:01:07

I've spoken to the school SENCO before but she is rubbish really, isn't bothered unless a child has behavioural problems. She said that because my DD was working years above her age that she wouldn't get a statement so there was no point applying. Currently she uses a laptop for most subjects because her writing is illegible and painfully slow. She also has a mentor in student support who she sees weekly. Earlier in the year she was promised individual sessions with an autism worker from the LEA but that hasn't materialised. She was also offered group sessions but refused to go if others were in the group.

In the past she has had CBT that helped while she was having sessions but she couldn't put them into practice in the 'real world'. She's also had jump ahead but that stopped on transfer to secondary.

I'm not sure what I really want support wise but she needs a lot of help socially, she only has a couple of 'friends' who actually all also have ASD or OCD. Actually one thing I think may help but school said no to is a get out card where she could go to student support if things became to much. She is very sensitive and cries at school most days. And on the days she doesn't she does at home because of something that's happened at school. She spends lunchtime in the library. I'm hoping things may get better this next year because she has dropped technology, music etc which she struggled massively and PE is down to one lesson a week. Also now for most things they are in sets so the classrooms will hopefully be quieter. Although not holding my breath because she puts a lot of pressure on herself to be perfect and she's easily becomes stressed and anxious.

They can only say no so tomorrow I think I might apply. Even if they say no the school may offer more support. Thanks again.

Shineyshoes10 Sun 06-Jul-14 18:03:16

Oh she also saw an OT which the primary school referred her to because of her coordination problems and they diagnosed low muscle tone.

Nigel1 Mon 07-Jul-14 14:05:59

Let us be clear.
The law on SEN, that part that describes needs, has not changed. Therefore if an LA is using this process to amend and change the level at which they will offer a SSEN that is a matter for them but will not play any part in a Tribunals judgement.
One might also ask if they are operating a blanket illegal policy not to issue a SSEN / EHCP?
There is a letter out there from the Edward Timpson the Minister making this absolutely clear.
You might ask the LA what has changed to cause the reduction in statementing criteria?

Icimoi Mon 07-Jul-14 14:15:48

Our LEA had a deadline for stat assessment requests, and I was told that they have stopped accepting request now until the EHCP comes in

If that's really the case, they are breaking the law. The difficulty with taking it straight to appeal is that the tribunal will normally only accept an appeal if there is a decision letter from the LA giving the parent notice of the right of appeal. If the LA just does nothing, or sends something saying "shove off till September", the tribunal probably won't accept that. You'd need to write telling them that it's unlawful and that if they don't deal with the request within 6 weeks of receiving it you will begin judicial review proceedings. JR would be in the child's name so if you had to take action you should get legal aid.

Jerbil Mon 07-Jul-14 20:55:40

Yes, Ipsea said legally they cannot stop accepting requests but maybe you have a point that they will say they are deferring rather than denying!

Shineyshoes10 yes I know the feeling. There are lots of us who've been told our ASD children are too far advanced academically to get a statement. but I think you have a DC who is at a critical stage in both her personal, emotional, social and educational life.

When deciding what support you would like for her, think about her being able to access some quiet time when needed even with a buddy if she prefers.

You say her writing is illegible and its good that she has access to a laptop, but maybe there are other times when a laptop doesn't give what she needs and she just may need someone to be there to help her?

Has she ever had an ed psych? they don't just look at the obvious reading skills etc.

Sounds like shes yet another child who has to work extra hard each and every day to function. Hugs to you both.

3kidsandacat Sun 15-Oct-17 10:04:48

Hi my son has recently been awarded a band 4 EHCP after years of fighting LA, my naivity has been my down fall, I thought once the school received the funding he would get all the help he needed, NO intact as far as I can see he is getting less now that previous years, in fact the school is not actually obliged to spend EHCP funding on the chidit WS a located for ???? Go figure that one out
We also have the added issue of secondary schools, looks like I will be home schooling him as Secondary Schools no longer appear to be inclusive,, they may have glossy pages about SEN provision BUT mainly if they are high functioning and can access the curriculum at above average level,
My son fall between the cracks as he isnt on the spectrum and has zero behaviour issues, they have no ides what to do for him,
I have my armour to the ready for the next fight with the LA,
Ipsea is a great service and no doubt I will need them

Shineyshoes10 Sun 15-Oct-17 10:47:03

3kidsandacat this is an old thread of mine. DD2 is 17 now, year 13 and doing amazingly. She is much more settled with a brilliant group of friends, has applied to university, hasn't had a seizure since I wrote this and has counselling via school. We didn't apply for an EHCP - a few weeks later other things took over and things got very busy for us. We do however have an EHCP for a younger child and looking back I don't think DD2 would have got one.

Ceto Wed 18-Oct-17 14:33:11

3kids, you need to have provision properly defined in section F of the EHCP: defining it by reference to banding is unlawful. I'd suggest you ask for an early review; before the meeting, check the Plan carefully against the requirements of paragraph 9.69 of the code of practice, and go along with a list of the changes required. Refer them in particular to the bit relating to section F that sets out that provision must be detailed and specific.

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