Does anyone have experience of EHCPs?

[CheeseBricks]

I’ve posted here as the SEN boards have low traffic.

DS has just turned 11 with autism and ADHD. Following an EHCNA , I’ve just had his report back from the Educational Psychologist.

It states that DS does have SEN and would require close observation to ensure his needs are met. From discussions with the EP at the time of his assessment, she gave the impression that the transition to high school could go either way for DS and that she does not feel his current needs are high enough to support an EHCP.

However, her report says she’d recommend an EHCP simply to ensure his needs are protected by statutory reviews and close observation as she feels he may end up lost on SEN support.

Has anyone else experienced this? I think that we will now get a refusal to issue .

What’s the opinion of his school?

In her report, what are the recommendations?

which other professionals assessed her? SLT? OT?

Do you have any other evidence that she will not be able to reach her potential without additional support which wouldn’t ordinarily be available in school?

Do you have your own reports?

Sorry I see you were talking about your son, don’t know why I presumed daughter!

what evidence did you submit at the initial application?

As she’s recommended an EHCP I doubt you will get turned down especially as it’s in writing. If it is turned and you appeal you will have a strong case.

Why don't you contact the EP and ask them to elaborate? They are usually very willing to explain their report and conclusions. It may also be that the EP had time to reflect upon all the evidence and your child moved from probably not quite meeting the threshold criteria to meeting it.

Give Ipsea a call. They are excellent in giving advice around SEN and rights to an ehcp.

His school are not on board with the request at all and whilst they are helpful in many ways, they do not believe he needs additional support and the EP agreed with his school.

The recommendations were close observation to ensure he is learning and focused, for him to be in a class with assistant support and to have frequent breaks. The report then goes on to say that as DS is borderline, she’d recommend an EHCP for the protection of his needs (after I expressed concern due to all available funding likely to go to those with EHCPs , DS is likely to fall between the cracks).

At the time of the assessment, she said herself that DS is not likely to be awarded an EHCP .

I’ve tried to book a call with IPSEA but it’s impossible to book .

Are you a member of 'not fine in school' on Facebook, I'd highly recommend if you aren't already

IPSEA have a call in helpline on Fridays that you don't have to book onto -

www.ipsea.org.uk/call-in-helpline

I think that if the EP recommends an EHCP then even if they refuse to issue you have good grounds for appeal.

Do you think they've done a thorough assessments of needs, you would expect there should also be an OT and SALT assessment for an autistic child?

He has also been assessed by other professionals as part of the EHCNA but I have not received those yet.

That sounds like a wholly inappropriate statement by the EP. It is not for her to decide who gets a plan and who doesn’t, and clearly she isn’t able to assess or even know about any other needs he might have.

Section 9 of the send code says that reports used for the purpose of the assessment must be specific and quantified in their recommendations. (And section 19 (I think) of the CAFA says that any reports used must be agreed to be fit for purpose by all parties so if you feel that this assessment has not identified his special educational needs, and detailed a specific and quantified recommendation to remove the barrier caused by the need, then the report isn’t fit for purpose. There should also be a cognitive study too to show how far off his potential he is, plus comment in each of the four sections the EP should assess.)

I can’t comment without seeing the EP report but what I will say is that they’re not always pivotal. You haven’t mentioned any other assessments done. I have yet to see a child with ASD who didn’t have a sensory element and as such an OT assessment is pertinent, as is SLT to look at communication issues.

You might be jumping the gun anyway, they may well decide to issue a plan, when is your week 16 meeting?

I think you need to see those reports and look into it in the round.

Bear in mind that even if the LA refuses to issue and the school tries to argue that the EHCP is unnecessary it doesn't mean that this is true. Refusal to issue is a common tactic to avoid putting in the support a child is legally entitled to. The fact you have one report, the Ed P that says it is necessary is helpful.

What you need really is that the support required is clearly set out in the report. Can you go back to the Ed P to ask for them to elaborate exactly what support he will require in school if it is not clearly set out?

Ok so todays job is to get hold of them. The EP is just a part of the picture.

make sure you get the original report and not a sanitised version via your SEN team.

I haven't read all the replies but the advice of the EP or the school is absolutely irrelevant in terms of who gets EHCP. The EPs sole responsibility is to be as neutral as possible and to give you a report that shows the needs of your child. This should include strengths and weaknesses and things school need to put in place.
Until the whole needs assessment is done and you have the reports back, it's impossible to know whether his needs will require an ehcp, as it's wholly dependent on what's in these reports and what your local offer is. Some LAs have silly rules like no SALT after KS1 without an EHCP, so kids get them on these technicalities. My DD is one of those.
The fact you've got as far as getting a needs assessment shows there is additional needs. That's the only test in law you have to pass at this point.
Once the LA come back to you, and say yes to issuing a draft plan, or no. That's the time where you call IPSEA. You will need some advice on how to appeal or how to ensure the plan is actually worth the paper written on.
Beware, a lot of LAs forbid their EPs to actually specify hours of support need as well as levels of qualifications required of the people supporting your child. This is the reason a lot of people get private reports, that the LA than tries to scare parents into thinking they're not allowed. It's BS. When you get your report back from the LA, ensure the part that says support required is specific up to hours. Otherwise your EHCP will be useless. The crisis facing schools now is effecting all, especially kids with EHCPs. If your child gets the plan, t's very unlikely they will be delivered all the support that's in their plan in senior school. Bearing this in mind, you need to ensure everything is very specific, even if it means appeal.

Agree with others, just because the EP doesn’t think DS needs an EHCP doesn’t mean that’s true. If the LA refuse to issue you should appeal. The majority of appeals are upheld.

Provision in EHCPs is taken from the reports, so if the EP report isn’t detailed, specific and quantified email the LA asking them to go back to the EP to make it so. If the reports are vague and woolly the EHCP will be too, and if section F isn’t detailed, specific and quantified the provision can’t be enforced, so if DS doesn’t receive the provision you wouldn’t be able to do anything about it.

TY everyone. I’ve phoned and left a message to speak to the EP for clarification; she really was very nice and could understand my views so I hope she can shed some light on things.

It is the refusal to issue I’m concerned about happening as I’m not sure I would have such a case as DS masks so well in school, we are describing a different child each. Although the EP did say she thinks he has some visible stressors in school.

TY for the link to IPSEA, I did not know they had a Friday non bookable phone line.

I am very worried about the transition to next phase of education.

That’s very strange as EPs should only outline need and provision, not make an opinion as to whether an EHCP should be granted. That’s for panel to decide.

@TescoSpider it's not strange at all. Maybe officially not in their remit, but more often than not they make comments on it, especially if explicitly asked by a worried parent. Often they are the first real professional figure the parent meets in this whole journey and they have lots of questions.

A lot of incorrect statements in here I’m afraid. I wouldn’t take too much notice of this post.

It is entirely possible I may have misunderstood the conversation as I was very nervous . The EP did not say DS would not get an EHCP per se , but she did say in her view, he is unlikely to need one as his support needs in school are not significant.

Follow up the conversation with an email so you have a paper trail as evidence should you need it at a later date.

The EHCNA should take in to account transition to secondary.

@Thatsnotmycar That’s interesting, could you elaborate please?

I feel I may have requested the EHCNA too early as although on the surface he copes in primary, he will be shocked to the core at the next stage. I have wondered if I should have waited until he starts year 7.

How can they consider his transition needs without knowing how he will cope with high school?

@FrownedUpon which parts out of interest.

Which part?

Having a paper trail as evidence will help if you need to appeal.

Case law shows the LA shouldn’t just look at short term needs for the short time left at primary but should also consider needs at secondary school. Every year LAs and professionals consider how DC in Y6 will cope in secondary school. It’s not as difficult as you think. Professionals can assess DC’s needs and know what secondary schools are like, so whilst they can’t be 100% accurate in knowing exactly how DC will cope in secondary they can make educated judgements about the SEP DC will require.

@Thatsnotmycar TY that explains it and gives me some hope .