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Here you'll find advice from parents and teachers on special needs education.

Original poster

Starting primary school with sen no ehcp

32 replies

Beks1989x · 10/07/2025 22:38

Hi hope some of you can help .My son is 4 yrs old currently at nursery with 1.1 support. He hasn't yet been diagnosed as autisitc but is on a waitlist . He struggles with some behaviour issues ,communicating socialising ,routine and can't keep attention for very long at all. The nursery put a request in for a ehcp and after months of evidence it's been declined as the council have said he has improved . However he still desperately needs support nursery are very shocked with the decision. He starts school in September with no help there is only 1 teacher plus an assistant. I spoke to school today and they are very concerned as they have been to visit him at nursery and noticed he needs alot of support. The school told me they are applying for extra funding and will also put in for another ehcp request they have told me not to appeal it as its a 1yr wait for appeals and they will just reapply for one instead.
I don't know what to do im so worried and sad for him starting school with nothing hes flourished with the extra care at nursery now he will be on his own alot and that's when his behaviour gets worse 😔

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perpetualplatespinning · 05/09/2025 10:02

Depending on when exactly you got the refusal, you may still just about have the right of appeal. If you do, I would be appealing that decision now. If you don’t, you could ask if SENDIST would allow leave to appeal out of time. If you don’t want to appeal now, there is no way I would be waiting a couple of weeks before requesting an EHCNA.

Original poster
Beks1989x · 04/09/2025 23:29

Thanks everyone I had a chat with them at 11am pick up today he had a really good day but apparently they could see he was getting overwhelmed for the last 20 mins he will do 2 hrs again tomorrow and then from Monday get gradually longer until next Friday where he will be full time. They have applied for emergency funding today and are reapplying for ehcp again in a few weeks so hopefully the funding can get him extra support while we wait for ehcp hes not acting out just very active getting into everything he shouldn't and won't sit still or take part in much due to very short attention span and lack of support . His nursery were very shocked when the ehcp got refused as he really needs someone to support him throughout the day

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perpetualplatespinning · 04/09/2025 09:43

Because DS is not yet compulsory school age, you have the option to send DS part time until he is CSA or not at all until he is CSA or the start of the summer term, whichever is first, but that is your choice. The school cannot force you.

You can inform the school DS will be attending full time, or part time if you wish but more than 2hrs, unless formally suspended. Don’t worry if they do suspend. A formal suspension instead of an unlawful, informal exclusion will a) provide evidence of unmet needs to help you pursue an EHCP, b) force the school to follow due process, c) limit the number of days the school can suspend for, d) allow you to challenge any suspension, and e) once DS is compulsory school age, ensure he receives alternative education for longer suspensions.

You can request another EHCNA even if the LA has undertaken an EHCNA within the last 6 months. The LA just doesn’t have to comply with section 36(7) of the Children and Families Act 2014.

Needlenardlenoo · 04/09/2025 07:18

If you're now outside the 2 month window, I believe you can request again after 6 months.

Please understand that unless you are very lucky, nothing will happen unless you make it happen.

Needlenardlenoo · 04/09/2025 07:15

Sorry, I should have re-read your thread first.

Did you appeal the refuse to issue?

Needlenardlenoo · 04/09/2025 07:13

Print out the relevant section from the IPSEA website, write on it "I will be picking [child's name] up at 3pm" or whatever the finish time is, and do that?

If nothing else, it should speed up the application for an EHCP. Have you asked for an assessment, or are you hoping the school will do it?

Original poster
Beks1989x · 03/09/2025 21:41

Thank you when I asked why they just said he kept trying to get out the door and basically being naughty . He is verbal so I asked him and he said he opened the little door and ran around the playground and the teacher was shouting stop and was laughing he is a real handful but doesn't make sense how they are saying its in his best needs to only do 2 hrs until further notice seems like they had already made this decision based on his 1st day . Poor boy he absolutely loves it and he's going to feel so confused tomorrow when all the others are still playing and I'm the only parent. When I picked him up early from nursery poorly he cried for hours saying I've been a naughty boy that's why I'm home early

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Sunshineclouds11 · 03/09/2025 21:28

I wouldn't be happy with 2 hours a day.
if I had to compromise I would suggest half days.
(surprised they aren't half day anyway for first week)
its his second day, he wants to explore the room, many others will also.

Needlenardlenoo · 03/09/2025 20:40

This is screenshot from the IPSEA website.

Starting primary school with sen no ehcp
Needlenardlenoo · 03/09/2025 20:38

Part time timetables aren't legally enforceable - you don't have to agree.

Original poster
Beks1989x · 03/09/2025 20:17

Update ! Hope someone can help I feel so upset today my son started reception yesterday and had a lovely day he is so happy and absolutely loves it . Went in this morning to drop him off and the teacher pulled me aside and said we feel he would benefit just doing 2 hrs a day for a while until he settles in ? I asked if he was ok yesterday as no body had mentioned anything at pick up and she said he was just testing boundaries and getting into everything?
I mentioned he doesn't like to be picked up earlier as he gets upset he feels like he's done something wrong could we at least try the longer day and give him a chance and they have basically said he's been too.much again kept trying to get out the door and not listening so we will need to try 9-11am until further notice. He will be so sad as this is just his normal behaviour he's very active and gets exited and interested in new things. He did 9-2 at nursery and the staff were great with him . School are reapplying for ehcp ASAP but what do I do in the mean time ?they seem to be turning the tables of he can't cope but it seems like it's them who can't.

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perpetualplatespinning · 17/07/2025 21:39

I wouldn’t bother with mediation. Just get the certificate and submit to SENDIST.

Look at your evidence. Submit subject access requests to the nursery, LA and any other service involved. Consider if you need independent reports. If you can’t afford these and you aren’t eligible for legal aid, contact Parents in Need, they can sometimes help fund independent assessments.

the head teacher has just told me he will not be getting and extra support as they haven't got the staffing

Do you have this in writing?

Original poster
Beks1989x · 17/07/2025 21:19

Would you recommend mediation or straight to tribunal it was refusing to issue an echp hes had all the assesments.
they said school will have enough support on the declined document however the head teacher has just told me he will not be getting and extra support as they haven't got the staffing

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perpetualplatespinning · 17/07/2025 15:37

I would appeal. If the LA would issue an EHCP if another application was made, they can concede the appeal.

Yes, there is a wait for a hearing, but you may still have to appeal even if another application is made only having wasted months. There is no guarantee it will be a different decision, especially if the LA has seen you won’t appeal.

Original poster
Beks1989x · 17/07/2025 15:33

Thank you its so difficult to decide whether to appeal now or wait so basically school said a tribunal can take 1 yr . Or if they put through another ehcp they feel they have a really good one to put through with strong evidence one he's at school in September

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perpetualplatespinning · 17/07/2025 13:49

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

You don’t need to wait until September. Appeal now.

Keep in mind even without an EHCP the school must make their best endeavours to meet DS’s SEN and they must make reasonable adjustments. Although full-time 1:1 is unlikely.

Original poster
Beks1989x · 17/07/2025 13:46

Been to the school and had a meeting for 1 hr. I asked loads of questions . They said I can appeal or they cam reapply in September it's up to me they gave me a number for sendias who can help me with advise . The school are applying for funding but still said they do not have the facilities to give him any additional support and it will be 1 teacher to every 15 children. They will have a sen plan in place . Suppose there's not much more I can do now and just see how he's gets on in September 😐

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Samiloff · 16/07/2025 15:56

Make it clear that you know that schools don’t have to wait for an EHCP to give a child the support they need. Yes, it’s difficult for them financially but they still need to do their best for the child.

perpetualplatespinning · 16/07/2025 12:48

Ask what support can they put in place to support transition. How will they support DS’s communication. What support can they put in place for lunchtime. Support with toileting. Basically break DS’s difficulties down and ask how they can/will be supporting the different aspects of DS’s needs.

Ask if they will be making a SEN Support plan. Different schools call these different things e.g. IEP, one page profile, MyPlan… but it is a document that details needs/support that the school should put in place.

Original poster
Beks1989x · 16/07/2025 10:10

I have a meeting booked in with the school tomorrow. What kind of questions should I ask my head seems to go blank with these things and can't think what I need to say 🤔

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FakeItUntilIMakeIt · 11/07/2025 22:30

Appeal now and do not delay (or listen to the school SENco!) Failure to assess appeals are generally heard ‘as on the papers’ without the need for a hearing so there is not a 12 month wait! Many LAs will concede the appeal as they know they have made an unlawful decision. My LA refused to assess in Nov 2023 (Autumn term of pre-school year) I appealed just before Christmas. Appeal lodged first week of Jan ‘24. Due to heard on the papers in May 2024. First evidence deadline set for mid Feb and the LA conceded 2 hours before the deadline.

perpetualplatespinning · 11/07/2025 21:16

Just appeal. You don’t need the SENCO’s permission. Don’t bother with mediation. Just get the certificate and submit to SENDIST.

Original poster
Beks1989x · 11/07/2025 21:14

Thank you the document says refusal to issue . I really feel like I should appeal aswell It took 5 months of different people going down to nursery to assess writing full reports .

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perpetualplatespinning · 11/07/2025 19:54

It is poor advice from the SENCO. Appeal. If the LA would issue an EHCP if another application was made, they can concede the appeal. Yes, there is a wait for a hearing, but if you don’t appeal now, you may still have to appeal in the future.

When you say it was a declined EHCP, do you mean a refusal to assess or refusal to issue?

Needlenardlenoo · 11/07/2025 19:48

You can appeal as long as the decision letter isn't more than 2 months old. Get on and do it. Don't delay.