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

It may not be dyslexia it may be auditory processing or something else. This is my issue who tells us what's going wrong.

I think a few of us have said this now-an EP will tell you exactly what’s going on.

If you are going to spend money on anything, spend it on an EP assessment, not a level 5 tutor!

Dd was diagnosed in March of year 2, but we were told it's rare to be picked up in year 2, most schools it's year 3 because it's hard to differentiate between dyslexia and simply being a late developer at first. (DD's teacher happened to be the senco)

Arabella...

We've not met or discussed anything with this new tutor yet.

She's been suggested to us by the first person.

I'm not discounting anything fed up but I'm wondering what good even an echp is without teachers or support staff understanding these issues in the class everyday.
I would have thought it's part of teacher training and ta training to look out for learning difficulties etc and raise them with parents.

British dyslexia association run Saturday schools, highly recommend

Sorry Ep.

In my mind it makes sense to note dc who are behind and raise it with the dp first?

They should have told me what the tutor did?
I've found them almost reluctant to actually say anything eg I only found out by accident she was in early intervention groups!
That was year 1.
Why the secrecy this is what I don't get and what makes me nervous.

I'll think about Ep. I'm going to ask the council too and see what they say.

Download a copy of the SEN code of practice 2015. Read sections 6.58 to 6.62 about what actions school should take of SEN is suspected. Section 9 deals with EHCPs.

I'm curious to know which LAs are passing EHCPs out to the extent I see mentioned here on MN.
My experience is that they are rarer than hen's teeth. We have 450 children in our school, many with quite severe needs, and yet only 2 have EHCPs.
There seems to be an unrealistic expectation by some parents that they're easy to come by and will bring forth lots of funding and support. And on the other hand, we currently have three sets of parents of Yr 5 and 6 children who are demanding that the school submits applications (which take a massive amount of time and effort to compile) in order to give them free rein at selecting secondary schools of their choice. These are for children we know won't meet the threshold.

What's the threshold @CallmeAngelina?

It's sad isn't it call me.. And dc with learning difficulties who don't get help will be at risk of emotional health issues, crime, drug abuse if they are not helped with their needs. In the long run not giving these dc the support they need costs society a great deal.

@isspacethefinalfrontier it is becoming increasingly common for schools to have to buy traded EP time unfortunately

You can only buy it if it is there to buy. That was my point- we cant access it through the LA and cant buy it elsewhere.

What's the threshold @CallmeAngelina?

Well, that's more a turn of phrase. No "threshold" as such. I meant that there is zero chance of them being "passed."

@lucinda88.

Thank you this is the thing I was hoping for.
It clearly states what should happen.
I wonder though is this guideline or law... It's brilliant though it states and lays out very Clearly what needs to happen.

@Childlaw2014 there are some parts of the code of practise that are not always feasible. For example where it states that colleges should ensure access to educational psychologists-if they don't have any in the area that's not possible

Probably best place to contact would be your local SEN team or parent forum (I don't know what they are called where you are but the SEN team should be able to advise who they are) They will be able to direct you to local support and help with any applications should this be the way that you go

Which area are you, @Childlaw2014?

Go to your LEA Local Offer.

I do think you need an EP report. My DC are both dyslexic and one is also dysgraphic.

They both had the characteristic spiky profiles where IQ, Mathematical ability etc were strong but phonological awareness, spelling, writing speed were weak.

Your DD is struggling across a number of areas and so you need to understand if the difficulty with accessing written material is holding her back in maths or is it a working memory or processing speed issue.

Once you know what the issues are then you can look at tailored strategies and interventions.

In the meantime, talk to the school about things that might help e.g. different spellings (DS2 focussed on high frequency words rather than the class spellings where he would get 1 or 2 right)

We have 450 children in our school, many with quite severe needs, and yet only 2 have EHCPs.

I have 260 children and 9 EHCPs, with 3 more currently under consideration. Two of these are for children's with severe Downs Syndrome, two for extreme speech and language issues, one for genetic abnormalities which cause severe and progressive learning difficulties, 3 for severe ASD and one for a child who is completely deaf. In my county, those with significant medical conditions are more likely to be successful in obtaining an EHCP.
However there are NO vacant primary places in special needs schools anywhere in the county so children with severe needs are more likely to be in a mainstream setting but with some ( although never enough!) funding.

However there are NO vacant primary places in special needs schools anywhere in the county

Same here.

Callmeangelina “ My experience is that they are rarer than hen's teeth. We have 450 children in our school, many with quite severe needs, and yet only 2 have EHCPs.”

That tells me that either your school is actively discouraging kids with additional needs, or they are SO shit hot that they are managing them without additional SEN funding from county.

There is no way that a school of that size should have such a low number of kids with EHCP unless the in house provision for SEN is amazing.

EHCPs shouldn’t be rare. The legal threshold is very low, and parents should be encouraged to apply, not put off by the beliefs of the school. That sounds like a dig at you - it isn’t - but there’s defo something odd going on there.

Re special schools being full:

That in itself is not a reason to refuse to take a child. What does “full” actually mean? What the school would have to show, in order to dislodge the parent’s choice (assuming that the school can in all other regards meet the needs set out in the plan) is for the school to show that educating THAT child in THAT class is incompatible with the efficient education of others, or an inefficient use of public funds. That’s it. That’s what the Law says.

I desperately wish more schools and parents knew their rights, and stood firm defending them. At tribunal the parents almost always win.

My year 2 DD is Oxford Reading Level 2. I shouldn't panic.

Keatomeato: the legal threshold for assessment for EHCP may be low, that doesn't mean the legal definition of need is as low. The law also states a school should use its "best endeavours" to meet children's needs before seeking support externally and that to get an EHCP the child should have needs beyond what a school could reasonably expect to provide (ie, beyond "best endeavours").

Sorry I mean the level to actually receive an EHCP as opposed to be assessed for one.

www.ipsea.org.uk/the-best-endeavours-duty

Well, there's certainly nothing "odd" as in "dodgy." Nor are we discouraging pupils with SEN. But yes, I would say provision is good overall - not sure whether it is "shit-hot," but there is a lot of support within class and without, by qualified and trained TAs. Our Senco knows her stuff.