EHCP and the race to state

Lots of parents?

Maybe in your world, but not where I work.

DD2 has been referred for an EHCP. Frankly she’s ADHD, possibly AuADHD. We all know it.

But she’s also lovely, kind, amazing… She just doesn’t fit into the modern schooling system/conveyor belt. She never will. And with fewer and fewer resources, whether secondary she gets will be hard pressed to cope with her.

I am hunting for schools that she might ‘fit’ at present, but state schools essentially have a particular model and it’s not one that she will excel in. I really wish there were schools for ‘bright and gregarious but unable to concentrate for more than 20 minutes and not ‘academic’ so you have to teach them while keeping them active’.

Some people say I could medicate her, but I would feel like I was drugging her into submission. She still a normal child - she’s just not built for the narrow constraints our system is trying to force on her.

How long are they taking I can’t find a specific answer online? Back when I appealed in 2016 it was 12 weeks for paper hearing but parents I’ve spoken to recently their hearing dates were significantly in excess of 12 weeks

so refusing to assess buys them an extra 10 months of savings while you go to tribunal

Refusal to assess appeals are not taking 10 months. The vast majority of RTA appeals are paper based and are not taking that long.

She not queue jumping she is getting someone else to apply for the ehcp which she could most probably do herself but she has a very demanding job. If she can afford to then why not outsource to someone else rather than try and do herself. Lots of parents of Sen children end up having to give up work as fighting the system as well as looking after the Sen child themselves can become the equivalent of a full time job but people shouldn’t be expected to do this or punished for taking another option where there is one

There are lots of issues. But one is, as the mainstream offer worsens, more people are pushed into the sen category. Which literally means support over and above the normally available offer. So less experienced teachers, a curriculum that is over heavy, fewer TA etc mean childfen who were managing, now aren't. When I look at the standard offer of my school 10 years ago to now it's really reduced.

There's plenty of other issues too.

She not queue jumping she is getting someone else to apply for the ehcp which she could most probably do herself but she has a very demanding job. If she can afford to then why not outsource to someone else rather than try and do herself. Lots of parents of Sen children end up having to give up work as fighting the system as well as looking after the Sen child themselves can become the equivalent of a full time job but people shouldn’t be expected to do this or punished for taking another option where there is one

Even if your child does qualify for an EHCP, you must be aware of the timescales involved and likelihood of having to go to tribunal regardless as well as the additional costs often incurred for private reports.

One of my children has an EHCP and another one really could do with one in the future. I can think of plenty of children who should have far better provisions as part of their EHCP but that wasn’t granted, and plenty who didn’t get one at all.

We plan to stay at our EHCP named independent school but who knows whether it will also be forced to close before too long. Three local independent schools have already closed recently.

This

I'm afraid that is besides the point here. The law can not address the reality that some children that we see placed into mainstream just can not thrive. No matter what resources or adjustments are made. These children need different provision, which simply does not exist in my area, and from what I read not in other areas either.
The more time and energy and money spent trying to force them into a setting that does not meet their needs means less time focused on other options that might. However everyone is entitled to their opinion and I don't wish to cause a row.

Let me get this straight. You're a headteacher, you send your child with SEN (age and SEN severity unknown) to a private school without an EHCP, you're concerned that ending VAT relief to private schools will cause your child's school to close so you've paid a lawyer to apply for an EHCP on your behalf to ensure your child gets the state school you want?

I don't know how you think your post reads but it's not a good look to admit to using significant resources to queue jump over the vulnerable disabled children. And I say that as the mother of a disabled child having been through the EHCP process succesfully.

The trouble is though often you don’t know if the ehcp is being followed or not. My son had a full time 1-1 32.5 hours specified in his. I suspected this wasn’t always provided, school said it was, child not articulate enough to confirm one way or other. One time I turned up slightly early and child was having a huge meltdown throwing stuff round the cloakroom, his 1-1 looked really stressed. They couldn’t do their end of day routine as the 1-1 has been left insole charge of two classes ie 60 children so he couldn’t leave them all and go off with ds to do their usual routine. I caught this time red handed and made a complaint, the school said it was a one off but other times when ds had meltdowns and threw things he’d be blamed and excluded, the school never took responsibility and said his ehcp wasn’t being followed

It may take an appeal to get a well written EHCP, but once it is detailed, specified and quantified, it can be enforced. Lack of funding, staffing, resources are not lawful excuses for LAs breaching section 42 of the Children and Families Act 2014. EHCPs can be fully funded, but LAs won’t do that unless forced.

Let me get this straight. You're a headteacher, you send your child with SEN (age and SEN severity unknown) to a private school without an EHCP, you're concerned that ending VAT relief to private schools will cause your child's school to close so you've paid a lawyer to apply for an EHCP on your behalf to ensure your child gets the state school you want?

I don't know how you think your post reads but it's not a good look to admit to using significant resources to queue jump over the vulnerable disabled children. And I say that as the mother of a disabled child having been through the EHCP process succesfully.

Oh I understand now sorry- you mean it’s one of those threads about state vs independent schools- is that what you mean?

I went to state school, I’m a head teacher at a state school. I voted labour and fully aware of the VAT increase. So no - my post is about EHCP and moving children from independent to state schools and how there wasn’t a need to get the plan before but now it’s needed due to inability to afford the schools fees.

Ive also sat on many appeal panels and completed EHCP applications and understand the thresholds and requirements and the resources that schools need to put these in place for children. I am a huge advocate that our state schools need more funding to be better able to support children with SENDCO needs. So no this is not a rallying post - which I think was always evident with my original comments , it’s a grown up conversation to ask other parents what they are doing if it’s relevant to them and their children.

The issue we are facing in my area is that no matter what mainstream state secondary schools do, with the best will in the world, they just can not meet the requirements on the ehcps. They don't have the funding from the LA, but also some students even with all reasonable adjustments, just find mainstream secondary not suitable. I really hope that the new government is able to see this problem, without being able to recognise and accept this thousands of children will continue to have their needs unmet. It is so sad and so cruel.
And to answer that question that so many people have asked. There are more children with SEND than ever before and the severity of how they are impacted has increased. There are lots of suggested reasons for this including genetic factors and widening diagnosis tools for example for ASD. In the area of mental health the negative influence of social media is raised frequently.
On the plus side I have seen some students with EHCPs thrive in mainstream and I think their presence really helps non SEND students understand the issues far better than many adults!

You listed what his private school provision as regards his SEN is. Most state schools provide that with bells on with no need for an EHCP. One worries about SEN provision in your academy if you don’t know this to be the case.