Where does law stand on how behind a child has to be to trigger Educational Phycologist

[Childlaw2014]

My dd is one of the eldest in year 2.

Didn't have her alphabet, (tutor over half term sorted that out)

Is on level 5 Oxford Reading and is a comfortable level 5. Gets between 0 and 3 in spelling test. I've not been told by the school but she goes down to year 1 for maths, has extra phonics.

The tutor I saw recommend testing for auditory processing and dyslexia. She said was /saw getting mixed up and some other signs.

The doctor said '' I don't know how to request that ask the school '' today we met with the teacher who said..

We don't test for dyslexia here.

I asked about triggering educational psychologist, and teacher said dd isn't bad enough. She said... If she was reception level but she's breaking through year 1.

So what is behind in law terms to trigger Ep who then triggers... Ap tests and dyslexia tests. Thank you

There is no legal right or definition. 18 months is often suggested. Does he have an ehcp, you do not heed a diagnosis for this, just evidence. Dyslexia is often not assessed until year 3. Have you had a meeting with the Senco? EdPsych is funded by LA not NHS.

In my area Ed psychs only seem to be assessing children if they need to for an EHCP. Otherwise parents and school can meet with the EP to discuss concerns and they will recommend some strategies.
Even county EPs will not do a whole assessment but look at known areas of need as they just don’t have time to look at the whole picture.

A school can usually purchase Ed psych time. Funding for schools is rock bottom currently, so some schools will struggle to purhase specialist services. This means they will prioritise the children who are struggling for a while and/or need an EHCP or even a change if setting.

As frustrating as it may sound, the general guidance is for children to be assessed for dyslexia after 8 years old. There's lots of reasons for this: (being developmentally ready to learn to read, having had enough targetted support once there are no teaching or developmental reasons for the child's difficulties. Not having had extended periods of absence which might explain some of the trouble learning to read etc etc).

There are some private Ed Psychs who might be prepared to assess, if you pay. You could also get in touch with The British Dyslexia Association for advice. I'd definitely keep monitoring progress and talk regularly with the class teacher (eg half termly).

Do take it seriously. Dyslexia can have knock-on effects in other areas such as organisational skills - it's not just about reading and writing.

They don't usually test for dyslexia until 7+yrs as basic neurological processing development in young kids isn't set until around 7yrs old, kids struggling at 6yrs old can suddenly take off at 71/2 yrs. If school refuses to deal with it at the 7+ year assessment ask your GP for a referral Paediatric Psychologist, Behavioural Optometrist, or Speech Therapist though even there services are stretched so be prepared to make a fuss...all things being blocked to you, you might consider going private and paying a Speech Therapist for a diagnosis to give the school a help in targeting strategy support. X

I am an EP and the only legal access is through an EHCP which parents or school can apply for through their local authority SEN team, if the assessment is agreed then an EP will be allocated-

Otherwise it's mostly down to a school to purchase an assessment or parents to seek an independent- would the school be able to do this?

I would recommend asking the school to use dyslexia friendly strategies and teaching as they can do this regardless of any diagnosis

It costs the school hundreds to get an Ed psych in. If your daughter is making progress and school are enabling her to access the curriculum then they won't get one in.
Can you ask for a referral to the paediatrician and can you get a speech and language therapist in to do an assessment?

Wait until she is 7 then pay for a dyslexia assessor (not educational psychologist), usually costs between £300 and £600. In the meantime you can apps like dyslexia gold or Nessy. Or use the books Toe by Toe. Also alot of children don't blossom until year 3, so try not to panic!

Our school uses dyslexia friendly strategies for my DD who is aged 8, and we’ll look at a formal assessment when she’s in primary 6 ahead of moving to high school. She has a developmental delay so we want to give her space and time to catch up on her own terms, and looking at high school provision will need an up to date assessment anyway and I don’t want her to go through the assessment process twice in two years.

Her school are very good though and will put in place any support she needs without needing a diagnosis.

Tbh the most concerning thing is the school saying they don’t test for dyslexia because I’d be unsure that they’ll offer her the right type of assistance regardless of diagnosis.

Tbh the most concerning thing is the school saying they don’t test for dyslexia

Schools do not test for dyslexia. Specialist level 7-accreditated dyslexia assessors or educational psychologists test for dyslexia.

Legally the Local Authority has a duty to identify and meet Special Educational Needs. In practice this is often only done as a part of an EHC assessment. But the school can call in the EP at any time. In some areas the difficulty is allocating time to do it as there’s a big shortage.

If you’re concerned, you could look at seeing someone privately and then using that report as further evidence for assessment via the LA. But don’t expect the school to do anything at all without pushing like mad.

In case you've not seen these already

www.bdadyslexia.org.uk/advice/children/is-my-child-dyslexic

www.bdadyslexia.org.uk/services/assessments/diagnostic-assessments

I'd echo @strawberrytea123's advice, there's no cost to you or school, review in 3 months to see if there's any progress.

"I would recommend asking the school to use dyslexia friendly strategies and teaching as they can do this regardless of any diagnosis"

Similar sort of question - if a private Ed Psych review establishes specific learning difficulties in Y5, does the school have a responsibility to retest these learning difficulties in KS4 to see if the child qualifies for access arrangements for external exams?

If a child has known SEN then the LA via the school has a duty to meet those needs and monitor them. They child should have an ongoing SEN plan, following the principle of Assess Plan Do Review, and it’s irrelevant whether the report is private or not.

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/425601/PRIMARY_national_curriculum.pdf

www.nhs.uk/conditions/dyslexia/

www.bdadyslexia.org.uk/dyslexia

www.helenarkell.org.uk/

Current recommendations are, no testing before 7yrs.
This is to differentiate between children who have an SpLD (specific learning difficulty), intellectual deficit or those who just are 'behind the curve' and can catch up through no or little intervention.

I would ask the class teacher to go through the Dept. Ed literacy / numeracy markers and indicate where your DD stands on each one. You could then reevaluate these markers in say, 6 months.
Ask directly / email if the school has a policy for when they recommend intervention and testing. They should have.

It is not unusual for schools not to test. Some schools (teachers) have training using on-line probability software.
These are not diagnostic tests; are unreliable and can not test for all areas or severity of areas within testing.

At this point I would ask the teacher what structured help they are giving your DD and what they recommend you doing (if any) at home. Once you get into yr3/7yrs, if there are still issues, you can start the investigation process.

Are there large variances between DD's reading and language use (not all early readers have early comprehension - an important distinction). If you were to read the questions for her, would her answers be different.

A quick note re phonics - although this is the go-to method, not all children learn this way. Some children (though testing) are found to have very poor phonic awareness and respond to the 'old fashioned' reading methods. You could try other methods with DD at home.

www.dyslexia.com/davis-difference/davis-theory/when-phonics-doesnt-work/

If you decide on assessment, there are a number of routes.

• on-line tests - not recommended.
• Ed Psych only# - ask what they are qualified to test for. iIf they are qualified to administer the test, score the test and diagnose (not all are) and what tests they are using.
• Clinical Psych / MDT (multi disciplinary team) - NICE gold standard. Will involve a GP health check, specialist hearing and eye test, Speech & Lang, Occupational Therapist assessments, Ed Psych and either Clinical Psych or Child Psychiatrist assessments.

an LEA appointed Ed Psych will (generally) have a specified remit from the LEA. Which means in practice overlapping issues may not be tested for or even be recognised by the assessor ie ASD.

Going private does not gain a positive diagnosis (most assessors work for both NHS and private - and this assumes fraud of the clinician) but it does cut the wait list.

Get yourself over to the SEN boards - we're a friendly bunch.

There's no money and they are cutting back so what was evidently in need of support in the boom years is no longer the case now.
Get a meeting with senco, class teacher and head teacher. Request you get everything that was said documented and sent out to you. Ask if even without a diagnosis if there are steps that can be taken to assist dc. They obviously have something in place as going to an appropriate maths class. Do they not differentiate work getting 0-3 in spellings won't be good for confidence. Would it help if child learnt half the spellings eg 5 instead of 10 or do they need more basic spelling vocabulary. I was told when dc was year1 there was no need for intervention by year 2 was still been given the same dribble but I insisted an assessment be carried out this finally happened in yr3 got diagnosed but then was told no money for implementation of findings and he's doing OK so don't worry. Off the record a teacher told me he's not getting the support because he's quiet well behaved and therefore the disruptive children get the Money and time invested in them unfortunately this seems to have been the case all along (he's now y11) until a new senco arrived who said he would get the support he needs because there was a need there. amazing turn around in his education and confidence. For years I've been fighting a loosing battle. get everything documented, esculate as needed (I'm sure I'll never be on the governors Christmas card list but I can say to ds I did my best for you).
I always keep it professional and fact based but always make them aware that this is my dc he deserves the same chances in life as every other child he puts the effort in so they need to to.
Please note I'm not in education but have had experience of the system. If its any comfort there are lots of pupils getting a raw deal. I also have the other end of the spectrum very intelligent children who were not being pushed to reach their potential - a change of school has done wonders.
I would say if changing schools becomes the only option do it and don't worry I put it off far to long felt it was disruptive to their education it wasn't it was the opposite wish I'd done it sooner.

And put everything in writing. If it isn’t written down then it didn’t happen.

It seems a little chicken and egg to me.
I was under the impression an ep comes into school and then suggests dyslexia or and auditory processing or other tests.

Once dyslexia etc is confirmed then we get the echp.

That was my understanding of the process.

The school has not flagged anything up to me. It's all the tutor. My daughter didn't even have her alphabet.

Butterfly your experience Is what I'm worried about so I was hoping someone could clarify the legal position on this. Something about children's act 2014.

Our school does have a good what would you call it... Amount of money to pull on? We are not in debt... Not sure how to describe it. We are an academy.

Sort of.

The EP can come in whenever the school request them, for whatever reason - there’s a referral form.

For EHCP you don’t need a diagnosis as such, you just need to pass the legal test which is at 36(8) of the Children and Families Act 2014. You will need some evidence of this - is that your child has or may have a special educational need which may require provision in the form of an education health and care plan.

Once this has been established the LA then do a series of assessments via various professionals - SLT/OT/EP and paediatrics and see what needs there are, and that provision is required to meet those needs/remove those barriers. That’s all written up and forms the EHCP, which is a legally binding prescription and description of the child’s needs and what must happen.

It’s a long process, 20 weeks is the target.

@nearlyschooltimeagain in our experience they tested start of ks3 then at beginning of y10 for proof for gcse board his extra allotted time seems then to have been written in stone. Also seemed to open extra doors for support in ks4 in terms of extra sessions, copies of syllabus sent home, highlighted to subject teachers extra needs. Can only say it's been a positive.

It's quite unusual to get an EHCP for dyslexia. All schools are expected to help children with dyslexia, etc., within their normal range of provision and any provision under £6,000 is expected to come from the school's notional SEN budget.

That said, there shouldn't be any diagnosis that prevents an EHCP - it should be based on need.

Read this, OP

www.ipsea.org.uk/making-a-request-for-an-ehc-needs-assessment

You do not need a diagnosis to get an ehcp. If she needs support they can apply to put this in place earlier than a formal EP assessment.

@NearlySchoolTimeAgain iirc currently an assessment for access arrangements needs to be within 3 years of an exam sitting so y9/10 for gcses. However jcq review this every so often and the threshold for extra time etc. It also needs to be evidenced that this is a normal way in which the candidate is working in class/timed tests.