EHCP

[Angelbunny]

We are currently waiting for dd14 draft ehcp to come through. She has recently been diagnosed ASD but hasn't attended mainstream for just over a year and for about a year before that her attendance was still low. At the moment she has 3 hours tuition at home with the medical needs team. She also sees a clinical psycologist via camhs weekly, this is who has suggested mainstream is not ideal for dd. Dd has no behaviour or personal care needs, she has extreme anxiety and incredibly shy.

While waiting for the draft I have been looking at options for her education. She will not attend a unit in a mainstream as she has said she knows how the kids treat sen kids. I also know if I somehow managed to get her there once she wouldn't go again. She wouldn't attend a special school unless I could drive her there (absolutely no way she would go in a taxi herself) while I potentially could, it would disrupt our whole life, I have dd2 to get to school and I also have to work (dh starts work at 5am and not possible to change hours). I already have to move my work hours around so I am able to take her to her camhs appointments and be here for the tuition. It also puts so much stress on me (i know this sounds selfish) trying to get dd to school was exhausting, i was so stressed my hair was falling out and i was becoming unwell. So, the main option I am seeing is sticking with home tuition, I'm not keen on this as again my work is disrupted but also I want her to be able to socialise and become more independent from us. If we take this option there are also social provisions she can attend weekly, which is great, but I still would like to normalise being out of the house every day really.

In the village we live there is a special school, literally 5 minutes walk away, however, it's private. It's around 20k and we just can't afford that. It seems the most perfect school for her, everything she would need. Some of the kids there do half days at the school and then online lessons, she would find it too much to be out the house for a whole school day so this would be perfect. One of her main anxieties is being far away from the home, but as this is so close it should hopefully help with that. She loves walking and it helps control her anxiety, so it would be perfect to start the school day off. I have spoken with her psycologist about this who agrees it's exactly what she would recommend for dd and to contact the school while waiting for the draft. My question is, is it even possible the la could place my dd here as its private? I know it will be a long shot and I would have to put up a fight but I'm willing to do it if there's even the slightest chance they could place her there? Any other setting would just not work and I really don't want to carry on with home tuitio.

I don't know much about the whole process and just winging it really, the school she is enrolled with are no help at all, wouldn't even help us with the ehcp application. We have had to everything ourselves and luckily we have always had the help given, I know there are horror stories with camhs and ehcp process but so far all our requests have been accepted first time.

Sorry this is so long and hopefully it makes sense, but really all I'm asking is it possible for dd to get a place at school like this through the la.

Thanks in advance.

Independent schools can be named in EHCPs. The rules depend on the type of independent school. Is it a section 41 independent school or a wholly independent school? An appeal is often needed.

this is who has suggested mainstream is not ideal for dd.
I have spoken with her psycologist about this who agrees it's exactly what she would recommend for dd

Do you have both of these in writing, and is the wording better that ‘not ideal’ and does the psychologist explain specifically what is required? What is the educational psychologist’s evidence like? Has DD has SALT and OT assessments?

EOTAS/EOTIS is only possible if it is inappropriate for the provision to be made in a school or college. There is far more to EOTAS/EOTIS than home tuition. It would be a poor package at only contained that. It doesn’t even have to contain home tuition at all. The LA cannot compel you to facilitate provision. They are responsible for it all. If a second adult is needed, the LA should be funding that.

3hrs a week is not a suitable full-time education. The LA should be providing more than this. They are not fulfilling their duty.

My LEA would have paid for a private school if we had chosen it.

Thanks for your replies.

I know home tuition is not the only option but it is the only option I can see that would work other than trying the school in our village. She just would not travel anywhere and be far away from the house. The home tuition will be tricky anyway because I would need to be in the house and I just can't reduce my hours anymore (work would allow it but we wouldn't be able to eat!) It's hard enough as it is fitting in the 3 hours tuition and camhs appointment. The 3 hours tuition is with the medical needs team which is a reintegration service and should be temporary, they have been with my dd far longer than they usually would and it's because of our amazing psycologist with camhs. They tried to stop end of September when it became clear dd was not ever going to be able to return to mainstream. Psycologist managed to arrange it that they would stay with her until the ehcp was finalised.

Psycologist has done a detailed report on dds need and also educational Psychologist wrote an excellent report too. I know if it would come to it camhs psycologist would explain why the school in the village is suitable.

I'm not sure how to find out if it's a wholly independent school or section 41, what would be the difference in the decision for sending her there?

A second adult is not needed but I am needed here if it's at our house. She doesn't need supervision, no behaviour issues and just gets on with her work. She's just to anxious to travel somewhere and overwhelmed in a large mainstream school.

The psychologists' reports need to mention that your DD needs a small class size, specifying size, and how much input she needs from specialist teachers to be sure it's pointing towards specialist school.

To find out if the school is section 41 etc. just google "name of school" "section 41” as there are lists.

Don't totally write off a taxi though. My DS was like your DD and we never thought he'd manage it - he has car sickness too. Now he comes home in a taxi half an hour each way with another boy. We haven't used morning taxis due initially to dropping DD as well but now we quite like the morning school run. We just took it gradually and got him used to the busy times at school and then talked him through going in the taxi on his own etc.

You can see the type of establishment here. There is a list of s41 schools here.

The rules around naming the school in an EHCP are different depending on the type of placement. You have a right to request a placement if it isn’t wholly independent. You don’t have a right to request a wholly independent placement in the same way, but you can ask for one and the LA has to take your views into account.

For non-wholly independent schools, the LA must name your preference unless the LA 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.
You don’t need an offer of a place. The school can be named even if they object.

For wholly independent schools, you need an offer of a place. They can not be named if they don’t offer a place. You would also have to show the LA’s proposed school(s) are unable to meet needs &/or it isn’t unreasonable public expenditure.

There may be other options for tuition than at home, e.g. a village hall, library, rented office space, community centre…

The LA can’t compel you to be present during the tuition. It is not EHE. The LA retains responsibility. That applies even if the tuition is at home. A second adult isn’t always only needed for behavioural difficulties or personal care. For example, it could be required because of safeguarding.

3hrs is not a suitable full-time education even with the medical needs tuition team. It does not fulfil the LA’s duty under section 19 of the Education Act 1996.

If the educational psychologist report is an LA report, you should check carefully that it is detailed, specified and quantified. No woolly and vague wording such as “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. Similar with the clinical psychologist report - their report should have already set out needs, provision, outcomes within their professional remit. LA/NHS reports are often vague and woolly. This means the EHCP will be vague and woolly. That would mean it was unenforceable.

Do you have evidence DD can’t travel?

The reports were very good and detailed with what she needs. Both psycologists wrote how she would not be able to travel independently. From year 5-8 she was meant to travel by school bus but it became so hard for her. Then me and her best friends mum would take it in turn to drop the girls and collect from school but she then even found it too difficult to go in their car with them.

So, is it possible that 2 tutors come to the house and I wouldn't have to be present? Although if I'm honest I don't think my dd would open the door. I know she can have tuition elsewhere in the community but again it would put a lot of stress on me to do that (of course I would do it if it came to it but it's not an option I want to explore initially) I'm not sure how I would be able to work with doing that, we live in a village so would almost certainly involve travel.

The school is section 41 approved, I have just checked.

Thanks for the suggestions. I have really tried to think of everything but for me to be able to work and afford to live the only option I can think of is home tuition (even though it would still be incredibly hard) or trying this school.

The reason her tuition is only 3 hours as that is all we can fit in with tutors schedule and my work one. They have tried online lessons with supply tutors tp increase it but my dd would not engage.

My son went to an independent college from 16-19 as there was nowhere else. (Off school for 2 years before that).

Luckily he would go by taxi as it was a 60 mile round trip.

I think it was £40,000 p a.

It being a section 41 school makes it easier.

Both psycologists wrote how she would not be able to travel independently.

This isn’t the same thing as being unable to travel at all. A taxi, with an escort if necessary, would be suitable for someone who cannot travel independently, but you are arguing DD can’t travel/be away from home accompanied or otherwise. If DD is unable to travel out of the village, you need evidence of that. Are you 100% sure the reports are as good as you think they are? It is rare LA/NHS reports are watertight and many parents don’t realise the reports are poor until they come to try to enforce the EHCP and they can’t because the vague wording is then used in F.

It is more likely to be a tutor plus one other adult (TA/HLTA/LSA/mentor…) rather than 2 tutors. Although if 2 tutors are required, that is possible. Some arrange it so the parent is there when the professionals initially arrive to remove the barrier of DC greeting them.

I know she can have tuition elsewhere in the community but again it would put a lot of stress on me to do that

You wouldn’t be responsible, though. The LA would be. However, EOTAS/EOTIS would only be possible if it was inappropriate for the provision to be made at a school or college.

The LA shouldn’t be limiting the s19 provision like that. They should not be relying on you to facilitate it. If online provision isn’t suitable, they need to provide more F2F tuition with a different tutor if necessary or provision other than a tutor. They are failing in their legal duty to ensure DD receives a suitable full-time education.

Thank you for your responses.

I have no experience with ehcps so really I don't know how good the reports are. We haven't received the draft yet.

Medical needs have tried to reintegrate dd since November 2023. Managed to have a few months with tuition in a room in the school then after summer holidays dd refused this and had to be moved back to the home. Psycologist has made it clear mainstream is not an option for dd which is then when it was decided dd would stay with medical needs at home while ehcp was being sorted. I really can't fault the medical needs team, they have tried to increase the tuition, so I don't think they are failing.

Potentially dd would go in a taxi with a chaperone, however, that doesn't help the issue with being far away from the house. I think she would go a few times but then refuse and we would be back to square one. She is also under weight and cannot eat around people or outside home (this is all in the reports) so really can't be too far away with travel time added to the school day. This school accommodates kids who can't do a full day. So for me this would be a perfect place for dd. She could have breakfast at home, walk to her school, spend the morning there, home at lunch time and do some schoolwork in the afternoon at home. So she would get socialisation in the morning and also some independence, dh is home at 2pm so she wouldn't have so much time alone at home aswel. At the moment I have one day off in the week and 2 mornings to fit in her appointments and tuition but the rest of the time we have to leave her alone and I hate this.

Maybe this school won't work out but it's good to hear it's possible to get a place so I won't give up with getting her a place to try.

It isn’t the medical needs team who is failing. It is the LA.

It will help you to have evidence to demonstrate DD is unable to be away from home.

IPSEA and SOSSEN’s websites are good places to start to learn about EHCPs.

I'm not really sure what else can be done though while still awaiting the ehcp.

Section 19 provision is completely separate to the EHCP process. There isn’t one set list of things that can be provided. It depends on whatever is suitable. The possibilities are numerous. Section 19 of the Education Act 1996 places a duty on the LA to ensure compulsory school aged DC unable to attend school full time still receive a full-time education that is suitable to age, aptitude, ability and SEN. It should offer a good quality education equivalent to that offered by MS as far as DD’s needs allow (i.e. it should be broad and balanced curriculum and not just core subject tuition). It should consider DD’s pastoral, social and emotional needs. And as far as possible, DD should be involved in decisions.

I guess because we have been happy with medical needs this is why it has stayed this way. To be honest I don't think it would have been a good idea to change things, dd is comfortable with her tutors now and changing to something while waiting for ehcp would have been to disruptive to her.
Thank you for all your advice.

I think what you are saying is there is only one tutor available through the medical needs team and they have no more hours.
But given it could easily be a year from now to when your DD has an EHCP and a school place, the LEA should be funding more tuition and potentially additional help/activities.

Also, please bear in mind that being unable to do something now does not mean always being unable to do it (after all that's why children are educated!).

And finally please also be wary of putting your hopes on this one school. It may not take children with your DD type of needs, if she is academic with ASD and the other children have severe learning disabilities.. It may be full in her age group (which if not very full isn't a problem but suppose she's in year 8 and they have 40 children in Y8 already and only 5 in year 7 and 3 older, they might not be able to take her) or vice versa - they may only have 3 Y8 children who are all very overwhelming inappropriately mature boys, and all the girls they have are over 16 - there might not be a peer group.

And finally they may do what a school we chose did and withdraw from section 41 when asked to take a child.

I wouldn't discount a unit attached to mainstream. A good unit should be very flexible so if your child needs to be in the unit full time, with no need to mix with the mainstream pupils then that should be fine. The advantage is that as she develops independence and resilience (because after all, that's the long term objective) she'll have access to all the facilities, labs, workshops, plus a full range of exams which she may not get in a small special school.

There is nothing to stop you requesting private but councils don't have much in the purse at the moment and may well feel your child's needs can be met in a small unit which isn't fee paying , or through a mix of home tutors and other provision.

Yes, maybe I do need to be more open minded. It's been a tough few years and I really want to get this right. Everything I have looked at with this school seems perfect but I know it might not work out how i want it to. I just want my dds life to be easier for her and for her to be happy. It's all so complicated

There is nothing to stop you requesting private but councils don't have much in the purse at the moment and may well feel your child's needs can be met in a small unit which isn't fee paying , or through a mix of home tutors and other provision.

If there is a suitable school, legally EOTAS/EOTIS is not possible even if it would be cheaper. It is only if it is inappropriate for the provision to take place in a school or college. Although a good EOTAS/EOTIS package would not be cheaper. A good package is very expensive. It is only the rubbish half-hearted EOTAS packages LAs think they can get away with that are cheaper.

The problem with units for many autistic secondary girls is it is still in a secondary which, for many, is still overwhelming from a sensory PoV even with all the adjustments.