Two terms for EHCP?

[emmapemma91]

Following on from my previous thread about my SEN child struggling with her transition to a new school, I’m just wondering if anyone knows if a child needs to have SEN support for at least 2 terms before a EHCP will be granted.

My child’s at a new school on a reduced timetable due to her not coping well, but displayed the same behaviour at her previous school and has a referral to CYPS for possible Autism.
On my previous thread I was advised to apply for a EHCP straight away, but I’ve had conflicting advice from the school SENco saying the EHCP will definitely be declined due to her not having two terms of SEN support.

I’ve applied for one anyway, and I’m totally prepared to appeal if declined as her behaviour is quite extreme and I think help is needed ASAP.

My school is always told you need 2 terms of intervention before applying for an EHCP. That may not be right though but it’s always the procedure we follow

EHCP's can take up to 20 weeks 😫

Check out the IPSEA or SOS!SEN websites.

This is not correct legally. The test for an EHC assessment is a relatively low bar where a child has SEN and may need an EHCP. There is no requirement for a school to have tried for two terms.

It’s more the case that it generally allows schools a bit of time to collate evidence from the APDR process-I tend to do at least 2 cycles. I’ve had successful EHCPs grantees when children have only been with us for a term, but they have had some evidence from previous pre schools in addition to my paperwork.

To add, I've never heard of the two terms. Both of mine have them and they were applied for before primary school and took 20 weeks to finalise after a decision on whether they needed one or not was made. It probably wasn't two terms for them. More like a term a bit plus the school holidays but 20 weeks.. my two had input from Ed psychs, Paediatrician's, speech therapy etc. In my area they've really tightened the criteria as so many people applying for them...

Have a look at the ipsea website or call sossen. You can do a parental request for an ehcp assessment, the threshold for assessment is pretty low tbh. The fact that your child is on a part time timetable says alot as her needs clearly aren't being met. A pt timetable is unlawful exclusion in most circs.

Detail every need you feel she has and list them under the headings used for assessment; physical and sensory, cognitive, social and I can't remember the other off the top of my head. Ask these to be assessed in the documentation (how can they say she doesn't have these needs of they haven't assessed them? Include any social needs for home as they could give you respite or pay for access to clubs etc also any adaptations to the house you may need eg doors like baby gates, fences safe garden, windows, anything for bathing). Don't let the assessments form part of section f meaning that they will be done ata future date, sectionfshould be detailed and specified beyond any doubt. All needs should be detailed in section b will provision to meet them in f. The outcomes should be the expected result of the provision. Provision should always be to meet needs not to meet outcome. Keep an eye on the timeframes.

Ipsea have lots of fact sheets and letter templates.

Be prepared to fight (I hope you don't need to, maybe take a look at Panarama from last week or special needs jungle).

Sossen have some good cheap guides available too and a freephone helpline. Ipsea have a good helpline too but it can be nightmare to get an appointment.

Good luck

Usually you need to show 2 cycles of ADPR, assess, plan, do, review. In most schools a cycle is a term. This is not statutory though and I have applied for EHCPs with ADPR cycles of a week. To apply for an EHCP needs assessment you don’t even legally need that but as part of the assessment this information will be requested by the LA so it needs to be available. The whole application process should take no more than 26 weeks, in my LA the draft is usually ready at the 26 weeks mark to comply but it needs significant adaptation before the parents can finalise it which delays the process longer.

Also, information can come from the previous school as to what they have tried. This can be part of the ADPR cycles. If your Dd is in a part time timetable they should have enough evidence.

Well I fully intend to appeal if refused. She had the same problems at her previous school and the same Ed Psych has observed her and he wants to observe her again at her new school. She has had SALT but it was about 2 years ago. She’s awaiting assessment from CYPS but it’s a long waiting list unfortunately.

www.ipsea.org.uk/asking-for-an-ehc-needs-assessment

She was put on a reduced timetable after 2 full days so this to me means they can’t meet her needs.

@emmapemma91 if the la agree to assess they should not use waiting lists as a reason to delay or not assess, they should buy in an independent to assess, likewise if they request an assessment from health or social and get "not know to service"- this isn't reason enough to not get the info.

Make sure section f is water tight in regards to what should be provided for her, by who, for how long, their qualifications and training......

A reduced timetable is an illegal exclusion. Are they presenting you with a form to state why they’re doing it?

My kids both have ehcps. I applied for them whilst they were in nursery. Ipsea usually have a standard letter you can send to your L.A.

@emmapemma91

She was put on a reduced timetable after 2 full days so this to me means they can’t meet her needs.

Yes, your daughter is legally entitled to a full time education. If school can't provide that this is evidence that they can't meet her needs at the moment and the assessment is required.

@Onlyonewayout I’ve already applied for the EHCP, I used the IPSEA template. I did email the school to ask for her reintegration plan, etc. The SENco phoned me and said one wasn’t needed as it hasn’t been through fair access panel yet. I also asked for a letter stating the reason she was sent home early 3 days after she started, in which the SENco stated ‘due to emotional distress’.
So as of now I have no paperwork to support my decision.

I had this with one of my child’s school. She had an ehcp, ft 1:1 was provided with top up funding from the council, she was illegally excluded constantly by school and in the end we went to court. It makes me so angry that schools aren’t held to account about their behaviour and actions.

What support was put in place by the first school? We would have a behaviour plan, a reactive plan and a pastoral support plan for any child who exhibited challenging behaviours. These would "count " towards the plan/do/ review process. But in any case, there is a section on the EHCP application form for unusual circumstances where the Plan/do/review process is inappropriate. Surely the school could apply under this? They can certainly take any support provided by the previous school into account when applying.
However, all this is immaterial. You have applied for an EHCP and the school has to provide the same information as if they were applying themselves so they are going to have to come up with something!!

I really think she needs 1:1. She isn’t very social and doesn’t let anyone near her except someone she has a very close relationship with. If she could build a relationship with a staff member, and that member was there in the morning when due to go into class and in the class with her, her behaviour would be great.
All her behaviours are actually at school, when she’s with me she’s a lovely little girl. Although she won’t even stay at my parents house or go anywhere I’m not.

I did email the school to ask for her reintegration plan, etc. The SENco phoned me and said one wasn’t needed as it hasn’t been through fair access panel yet.
I also asked for a letter stating the reason she was sent home early 3 days after she started, in which the SENco stated ‘due to emotional distress’.
So as of now I have no paperwork to support my decision.

The way to deal with this is you create the paperwork by writing to them confirming what they have said on the phone. ie:
Dear SENCO, this is to confirm you responded by telephone to my email of x date, which requested the reason DD was sent home on x date 3 days after staring, and informed me the reason she was sent home early 3 days after she started, was 'due to emotional distress’. yours sincerely, emmapemma

You do this every time, and treat the copy of your letter as if it had been sent to you. It is perfectly good evidence. (I handed tribunal a whole folder of such letters as my LEA played every game possible to have nothing in writing)