EHCP vs Higher Needs Funding in College 16+ AIBU

[DuckWillow]

I possibly am being unreasonable here but I don’t know. Any experts about to help me? Other parents of 16+ children with SEN

So situation is that DS attends a special school , he has ASD, ADHD, Dyspraxia and Learning Difficulties. DS has had a very difficult Y11 due to several factors but anxiety being a huge one. He is also at an age where being at a special school is not cool and he dislikes being around the Y4 pupils (even though the he was once as silly and excitable as they are).

So plan is that he will attend a course at a local college for students with learning disabilities and other SEN. . I currently have no way of knowing how or even IF he will cope with this..
It’s literally going to be a “suck it and see” situation, for example I doubt he will cope with the college bus service initially. He doesn’t do crowds and in busy situations will enter a state of pacing and muttering to himself. He won’t interfere with anyone else but they will see he is different and this worries me.
He struggles with all aspects of school life, he will leave with Functional Skills English L1 but it looks like he will have failed his L1 Maths as he couldn’t cope with his anxiety during the test. He left the room several times and needed a lot of support to go back in and keep trying.
He should have BTEC in Art and Design but because he has hypermobile finger joints he avoids anything which he feels will make him look silly. He has been so successful at avoiding art that he didn’t have enough work for the exam. Likewise BTEC food tech was an issue as he got confined and upset so while he has passed the first part he was withdrawn from the second part because it was overwhelming for him.

On top of all this I got a letter out of the blue three weeks ago from the Local authority telling me they would cease his EHCP at the end of this academic year. I am tearing my hair out at this as DS isn’t coping even WITH his current EHCP plan never mind leaving him without one.

I am now at war with the LA (or so it feels) who are telling me that DS doesn’t need an EHCP in college as they have access there to Higher Needs Funding. But why issue an EHCP which should follow a young person up to 25 in education if you plan to cease many of them at the end of Y11? It makes no sense to me.

I’ve approached a mediation company and am just waiting to hear back from them . They in turn are waiting to hear back from the Local Authority with some dates.

I’ve also asked for an early Annual Review because I need the Local Authority to hear what difficulties my son currently has and actually justify ending his EHCP.

Any other advice would be helpful though,

Phone IPSEA.

You have the right to appeal their decision and they must show the tribunal why ceasing his plan is appropriate. Any course which trains or educates can be included on his plan, along with his current needs (in section B) and specific provision to meet them, in section F.

Had the council done a review prior to this decision?

www.ipsea.org.uk/if-your-la-takes-away-your-ehc-plan

I think they may have just shot themselves in the foot anyway, as if they’re saying he can access education via higher needs funding, then clearly he has a need!

They can only remove the plan if he doesn’t need it.

This is also a good time to request a reassessment as clearly his needs aren’t being met with his current provision. The hypermobility for example, should have OT provision to strengthen his grip. And that’s just one little thing from your post! Lots to go at there!

What the LA has told you about HNF is bollocks. All the students with HNF funding at the college I worked for until very recently, had EHCPs as well. A very small minority of students with EHCPs will qualify for HNF as this is just for students whose needs are over the cost threshold e.g. need expensive equipment or double staffing for toiletting etc.

You might find someone at the college who can help you navigate this. Are you in contact with the manager of the course you are applying for?

Thank you, I am phoning the Ed Psych service today,

The HT at DS’s school is brilliant and she has already been on to the Statutory Assessment team to say the decision to cease the plan is a mistake and that she absolutely doesn’t agree.

I’ve also asked for an early Annual Review which will make work for his lovely school but they have already said that they will do everything possible and that if that means a further Annual Review then they will clear diaries to make that happen.

Thank you Hedda, no but am contacting her today as she was another point of contact .

Honestly all this extra work for the LEA. All they needed to do was leave his plan in place and they could have avoided it.

Then again he is struggling so it’s a good time to review it all.

Are you in Croydon by any chance?

This weeks Special Needs Jungle focuses on exactly this issue.

insidecroydon.com/2019/06/18/council-tries-to-hoodwink-families-to-opt-out-of-send-services/

Higher needs funding in college is only available to students with an ehcp. Have you applied for the college course and do you know if the LA have sent a consultation to the college? This is for them to say how much support they think your son will need and how much it’ll cost. Doesn’t always happen in practice however!

I would request to see his annual review paperwork from this year that the school completed to make sure they didn’t recommend it be ceased.

There should be SENDIASS In your area so maybe google that and see if they can offer any further advice. Colleges can claim up to £6k of support without an ehcp, but it sounds like your son will need more than this in order to cope with the change.

Tomatan sorry but that’s not correct. Who gets HNF is decided by each individual LA as it is a non-statutory fund which has no legal standing and can be removed without warning or appeal.

And sendias only support up to before Appeal point, so really she needs support from an organisation that do tribunal work.

Yes I am aware hnf is decided by the LA, I am saying you have to have an ehcp to be eligible for it, so the fact they are telling her the ehcp is being ceased as the college has access to hnf is nonsense. That is how it works in the college I work in, where we have students from many different LAs

No am not in Croydon but have seen that article.

His paperwork for the AR this year recommended that the EHCP continue and the college told me that all students doing the course my son has a place on have an EHCP although I have discovered this is not a requirement, for the course unless the student is 19+.

In addition an ccording to IPSEA they have failed to consult either myself or the school prior to making the decision and the SEN Code says they must do both.

Now in practice I can see why they don’t do this as the workload would be horrendous but as they are busy quoting bits of the Code at me to justify their decision I have no qualms in quoting the Code back to the,pm.

Good for you. Stand firm.

xd

Do not be afraid of any changes, this is all the norm, and you are sure to cope with everything!