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Original poster

EHCP, special nursery, mainstream vs independant school

28 replies

Lilacfish23 · 08/11/2024 20:19

Hello,

I realise this is a very long post however I have tried to keep to the point as much as I can. I am seeking to hear from parents who have expericned or have wisdom about the best way to go through the EHCP application process. I have heard already that the waiting list in KCC is extremely long and with this authority rejection is renowned.

My son is currently at a Speiclaist assessment nursery while also attending mainstream. Both settings have advised that he will need an EHCP to attend a mainstream school and most likely full time assistant to be with him. I am very conscious of the time slipping away and he is due to start school in September 2025.

He is awaiting an assessment for ASC, is non verbal and has relatively high needs when it comes to sensory processing, he makes quite consistent shouting noises and needs to constantly run and jump to regulate himself.

I have not had good experiences while looking around mainstream primary schools recently and when I’ve mentioned my DCs needs there has been apparently a lot of anxiety, wether I am speaking to the head or the schools senco. I know this is most likely to do with fears around will they be able to meet my sons needs and how stretched they are, however it has not been encouraging that he will find his place whatsoever, with one teacher saying that they will tell it to me straight - if a child has a severe disability then they cannot support them - when I asked what they would consider a severe disability they said a child that couldn’t follow along with the day.

I also look on in horror when I see that by year 1 in a class of 30+ the kids are sitting still mostly all day and raising their hands to speak. Alongside this the expectations of reading and writing that start…

I have two main questions for anyone who feels open to share what it was like for them,

Would my Dc stand a better chance of getting his EHCP granted if the Speiclaist nursery start his application, which they are planning to do in the next few weeks… or am I better off doing this myself to get it started as soon as possible? Will it make a difference either way?

The second question, does anyone have experience and guidance in getting an EHCP granted for their child where funding was provided for an independent setting?

If mainstream is so stretched and concerned about meeting my sons needs and the KCC will push this before a Speiclaist school place is given, I am determined to find a place that will help my son to be more accepted. A recent visit to an independent school with the most modest fees I have found, was like light and day, where the Senco made both of us feel very welcome and immediately started noting my DCs strengths. They have numbers of 14 -16 from reception to year 5 and at least two TAs in these classes. However being a single parent it is just completely out of my financial remit to even think about this option but I am already considering how I can take on another job to make this a viable option.

Like so many parents I am determined to get a place for my DC where he isn’t seen as a problem or anxiety and people can perhaps see all the light and richness he has to offer as well as the support he needs.

I would appreciate to hear your experiences so I can then digest it a bit and decide what is the best way to go forward.

I also ask politely if anyone feels triggered and inclined to attack or critisize I would rather not hear from you as my skin feels quite porous at the moment,

thank you and warmly,

OP posts:
BrightYellowTrain · 08/11/2024 20:57

I have heard already that the waiting list in KCC is extremely long and with this authority rejection is renowned.

The first thing to learn is you need to understand the actual law. Not what the LA would like parents to believe. IPSEA and SOSSEN’s websites are good places to start. There is no waiting list for an EHCP. Many have other appeal, some more than once, and the length of time to a hearing is long, but for those who do not have to appeal, the statutory timescale is 20 weeks. KCC would like to believe that doesn’t apply to them. It does and if they breach it and are delaying, legal action can be taken to force them to act.

Personally, I would request the EHCNA yourself ASAP. You need all the time you can get. A few weeks can turn into a few months. The LA should approach the nursery for information even if you make the request.

however it has not been encouraging that he will find his place whatsoever

For DC without an EHCP, state schools cannot refuse to accept DS because they think they cannot meet DS’s needs. Places must be allocated in accordance with the oversubscription criteria.

For DC with EHCPs, unless your preferred school is wholly independent (not all independent schools are wholly independent. Some are section 41 independents), there are limited reasons the LA can refuse to name your parental preference. The LA must name your preferred placement unless the LA can prove the high bar of:
-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.

To have a wholly independent school named in section I, and thus both the fees and the special educational provision funded, you will need an offer of a place and to prove the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure. Sometimes an agreement will be made whereby parents pay the fees and the LA fund the special educational provision. This is not likely in KCC. They don’t have to legally. They can say you are making suitable alternative arrangements, thereby relieving them of their duty.

If you are talking about a mainstream independent, are you sure they can meet DS’s needs?

If the LA doesn’t name your preferred school in an EHCP, you can appeal.

When does DS turn 5?

Original poster
Lilacfish23 · 08/11/2024 20:43

LimeSqueezer
As a first time poster on mumsnet, Im not quite sure this is the way to reply to you, but thank you for your comment and I hope it reaches you 🙂. It is a nice feeling in itself that you make an effort to respond!

OP posts:
LimeSqueezer · 08/11/2024 20:29

Such a thoughtful post, I wish I had more relevant experience for you! You do need to get the EHCP in very urgently, but the nursery will be more competent than you. Perhaps you could offer to help them or ask ehat you might fo yo support their application, and remind yhem of how concerned you are sbout the urgency snd need to get it in well before everyone at the council disappears for Christmas?

Underfunded state schools are hard enough for kids with no SEN.