What are the negatives (of any) to getting an EHCP?

Thanks for your insights, both. They're really helpful.

@JustKeepBuilding to answer your question about who 'we' are, I'm the co-founder of a company called Cogs, and we're developing a suite of software products to help neurodiverse children and teenagers. The screener project is one of two technologies we're working on at the moment. (The other is a digital coach for children with autism and ADHD).

I think the point you both make around empowering parents is clearly really important here, so I will take that away with me and think on how a screener might help parents to petition LAs and schools more effectively on behalf of DC. Thank you both so much!

For me the help has been in knowing my legal position on asking for an EHCP. I’ve just been going with what the school have told me (being fobbed off I feel - because they don’t want to put in the groundwork?) but now I know more to help me push forward, with or without their support.

This sums it up well. Unfortunately, DC whose parents know the law and how to enforce DC’s rights get better support. It shouldn’t be that way, but it is and isn’t going to change any time soon. Empowering parents to be able to advocate for themselves and their DC rather than take the word of LAs, schools and too often SENDIASS is the best way of ensuring DC get the support they need.

Cogsawhirring Who is “we”?

I’m sceptical of a screening tool that will potentially be used by LA’s as a way of attempting to duck their statutory duties. What are you doing to ensure it is used to complement statutory processes rather than instead of complying with the law?

To explain, the threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP.

One way parents can show their DC meets the threshold is by demonstrating a full needs assessment is the only way to know DC’s difficulties and what SEP is required. So, LAs and schools don’t require a screening tool in order to gain further information about a child with SEN “who might not at first glance appear 'obvious' first candidates for an EHCP”. They should merely comply with the law.

Hi OP, can I ask which (if any) of the bits of brilliant advice here you've implemented since you first posted? We're developing a screener tool in partnership with the University of Cambridge to try and give schools and LAs more information about children who might have additional support needs (particularly for those who might not at first glance appear 'obvious' first candidates for an EHCP). We've found that wait times and difficulties with the EHCP process are putting lots of parents off. So I'd be really interested to hear how your situation has developed since you first posted in Jan, and what bits of advice helped! Thanks!

You're welcome, OP. It's not straightforward at all. My mind is regularly boggled.

There's nothing in the law about "severity" - there's no threshold of that kind. Some DC are academically extremely able and still have EHCP. Some struggle academically. The IPSEA website explains the law clearly.

Apply for an EHCNA yourself if you think one is necessary, don’t be put off by the school saying it’s not needed.

Hi OP, if you're considering independent, I'd get the ISI reports for all schools you could reasonably travel to. They will tell you how many DC with SEN are on roll and how they do. In many areas there is an independent mopping up SEN not well catered for by the state sector (in the sense that you might not be able to get DC into your preferred state school).

Thank you @JustKeepBuilding really helpful. I'm going to do some research. Looks like I need to start the ball rolling now tho.

Yes. With the exception of wholly independent schools the LA can only refuse to name parental preference in an EHCP if they can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

The bar for proving one of the above is higher than many realise.

Thank you for the info. So if we look for a good school with a good sen department we can name them on the ehcp even if she wouldn't normally meet the criteria?

@babytops You don’t need the school to agree, you can request an EHCNA yourself. On their website IPSEA have a model letter you can use.

If a pupil has an EHCP the parents can name their preferred school including religious schools and the LA can only refuse to name their preference in limited circumstances. The provision specified and quantified in the EHCP must be provided.

Hi op, hope you don't mind me asking but I've tried reading these comments and I don't really understand most of it. I'm in a similar situation to you, my daughter is 8, year 4 and has recently been assessed as having dyslexia and high probability of adhd too.

From stalking these threads it looks like im in for a battle going forward. does anyone know how an echp works in terms of secondary schools? Do I just have to hope the school she gets into has a good sen department? Because secondary choice is very limited where I am unless religious which we are not.

And the ehcp, am I right thinking the school have to agree to push for this I cannot try and sort myself?

Thanks and sorry it's so hard!

No I don’t know for sure, but our LA tends to wait until the court deadline to respond, so mediation was quicker in our case. Anyway, that’s just my experience as I said. And I’ve had different experts saying different things.

Good luck OP!

It is possible for the EHCP to name an independent school (mainstream and specialist independent schools) so the LA pay the fees and SEN support. Unless the independent school is a section 41 school, which are treated the same as state schools, to get an independent school named in the EHCP you will need to prove the LA’s proposed school(s) can’t meet DC’s needs &/or it isn’t unreasonable public expenditure.

Some LAs will come to an agreement whereby parents pay the fees and the LA pay for the SEN support, but not all will, some will say the parents are making suitable alternative arrangements thereby relieving them of their duties to pay.

For many it does take Tribunal.

You say mediation worked quicker than Tribunal even if the LA conceded, but you don’t know that. Many LAs concede the moment the parents submit to SENDIST so mediation could actually have been slower even though it was successful. On the whole for many mediation doesn’t work or is slower which is why expert advice is usually not to bother.

Just to perhaps counter a previous post, mediation worked really well for us at refusal to assess stage and got a positive result far quicker than heading to tribunal (even if they had conceded before the hearing). Our mediator was excellent and really stood up for my child’s rights in the face of bullshit from
the LA.

Having said that, I didn’t mediate for refusal to issue because it was a simple yes/no, so nothing to mediate on. So it depends, but for us it has been positive.

The EHCP process takes 20 weeks if you don’t have to appeal, but sadly many parents do have to appeal, some more than once, and the waits for tribunal are very long at the moment.

Personally, if the LA refuse at any point I wouldn’t engage with mediation. You only have to consider mediation, you don’t have to actively partake in it. If the LA are going to concede they will do so regardless of whether you actively partake or just get the certificate and submit to SENDIST. Sadly, many LAs use mediation as a delaying tactic.

Parents can seek an independent assessment whether they go on to submit an EHCNA request or not. If you do go on to submit an EHCNA request you can use the independent assessment to support your request and if the LA agree to assess the report can be included in the NA.

However, personally, if you are planning to submit an EHCNA request I wouldn’t seek an independent assessment beforehand unless money is no issue. Even if you have an independent EP assessment if the LA agree to assess they will seek their own as part of the EHCNA. And if you seek an assessment now and need to appeal at any point it may well be considered out of date by the time you get to a hearing. Reports were previously considered up to date for around 2 years but over the last few years SENDIST have considered reports much younger out of date. Also, if the LA do assess you may find the LA’s EP report is adequate, but you need e.g. independent SALT and OT reports.

If the LA don’t provide the provision specified and quantified in the EHCP, following appeal or otherwise, the parents don’t need to go through the lengthy process of the LGO to enforce provision (although they may still go through that afterwards). The quicker route to enforcement is via judicial review.

You mention statemented, can I check you are in England and not NI? Because statements no longer exist anywhere but NI, and EHCPs don’t apply there.

Basically you can pay for all reports around £1200 each in the uk. You can fight the LA to get support. You can go to a tribunal and win - but yet there still isn't enough resources even though you have "won". Then you have to keep fighting and take to a LGO - so stressful and kids are missing out.

Over a 2 yr slog for us too and tribunal for EHCP

The whole Sen world with LA is shocking.

There is some really nice independent schools that are excellent with sen .... maybe start looking - as it's a very slow process - even snails travel faster 😂 .... if you can afford the fees. Get on local Facebook pages those mummies know lots of schools in your local area - their knowledge is power

You as a parent can apply too for EHCP don't wait for school. Also talk to the senco at your school always best to have them on your side ....