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Share your dilemmas and get honest opinions from other Mumsnetters.

Should I apply for an EHCP or not?

125 replies

IfIHaveToTellYouAgain · 25/08/2021 20:07

DS 5 received his report from clinical psychology today, with his cognitive profile scoring low/low average across the board. In the report they have highlighted that he is capable of much more but needs constant prompts to stay on task. They have recommended 1:1 support in school.

School, on the other hand, think he is doing well, and in some areas I’m inclined to agree, for example he is reading at Y2 level and receiving greater depth instruction in maths. His end of year report for reception was very positive and said despite being behind in some areas he is exceeding in others and is likely to continue developing well in Y1.

Personally I think he will struggle with the change of pace in Y1 and is unlikely to be able to fully engage with the whole class teaching and working element (his class have no TA, whereas in reception they had a class teacher and 2 TAs and did a lot of small group teaching). However, I currently have no evidence that this will be the case.

What should I do? Should I apply for EHCP now in anticipation that he will likely need the 1:1 support? Should I wait and see how he gets on in the first term, thereby potentially wiping out his first (or possibly even second) term of Y1? Or should I not apply at all on the basis that school will probably not support it since he’s ‘doing OK’? It’s just, to me, ‘doing OK’ is not good enough when he has the potential to do much better (that’s not to say that doing OK is not fine in general, just that for him, with 1:1 support he would achieve so much more).

OP posts:
Justrealised · 25/08/2021 21:08

My mistake, but the clinical psychology report showing 1:1 recommendations should be enough evidence for assessment of need.

If the LA do come back looking for you or school to show how the hnb funding is spent, "plan do, review" or want you to wait and see etc pay no attention many LA's have local policies but these do not trump law.

Push for your own peace of mind, you'll never get the time back and if your child needs the ehcp they'll be losing time and education.

mineofuselessinformation · 25/08/2021 21:10

Absolutely yes, apply now. Don't wait. The school is only obliged to provide support if you have an EHCP in place, and the process can take a long time.
If in years to come, your son doesn't need it any more, it can be withdrawn.

IfIHaveToTellYouAgain · 25/08/2021 21:11

@Justrealised
Push for your own peace of mind, you'll never get the time back and if your child needs the ehcp they'll be losing time and education

You’ve hit the nail on the head with this, it’s exactly what I don’t want to happen. I will apply for it, thank you

OP posts:
Sirzy · 25/08/2021 21:17

They will probably turn down the needs assessment request, they do with many of them, but appeal. It’s amazing how often they change their mind when they realise your serious!

User987654124 · 25/08/2021 21:21

Good luck with it all. Xxx

hiredandsqueak · 25/08/2021 21:23

Definitely apply and be prepared for a fight. IPSEA and SOSSEN are good independent sources of advice. Quality of advice and support from SENDIAS varies (I wouldn't touch ours with a bargepole) so if in doubt double check their given advice.

lanthanum · 25/08/2021 21:25

I don't know how these things are done, but it jumped out at me that he learned to read with you in lockdown - had it not been for lockdown, he might be rather further behind. That's something it may be worth highlighting to anyone who will listen - that his progress so far has been achieved perhaps mainly because you were effectively providing that 1-to-1 help. If the school recognise that, then they may be on the lookout and pick up more quickly if he is not maintaining progress in year 1.

Queenie6655 · 25/08/2021 21:27

Sorry to say I doubt he would get one !!!

Most seem to go with children with complex needs and those with a diagnosis

Thing is - school have 6k to spend within their budget on children with some needs
Are they spending this?

Could you ask for a costed provision map to see how much is being spent?
A panel of professionals will look for this if a request is sent in xxx

Queenie6655 · 25/08/2021 21:29

Sorry just to add

He may not be high enough on the list for Ep
Think they may only have small number of slots per academic year

But get ball rolling now
Gather evidence

Ensure a plan do review process is in place

Justrealised · 25/08/2021 21:36

Good luck, keep pushing and keep an eye on the timeframes. X

AdditionalCharacter · 25/08/2021 21:40

Schools will often say that your child is coping fine and that there is no need for an EHCP. If your child is receiving extra support, I'd apply for one now, they take a while to do, and better to get one early on before they struggle more as the years go by.

You can also request one yourself, even if the school say it's not necessary.

hiredandsqueak · 25/08/2021 21:41

@Queenie6655 that's actually false. The legal criteria to meet the threshhold for a needs assessment is that an LA must consider: whether the child or young person has or may have special educational needs and whether they may need special educational provision to be made through an EHC plan. There are so many myths peddled and LA policy quoted as gospel but the law is the law and that is the only criteria that has to be satisfied.

extremelybumpy · 25/08/2021 21:42

Be careful with SENDIASS, some are good, by too many are awful. They receive LA funding so will ultimately toe the party line. IPSEA and SOSSEN are better.

EHCPs take 20 weeks unless you have to appeal, which many do, unfortunately. However, the majority of appeals are upheld.

Queenie that is a myth. The only criteria for an EHCNA is what Sirzy posted - has or may have SEN, and may need SEN provision to be made via an EHCP. Any other test (the need to spend £6k, 2 assess/plan/do/review cycles, be 2+ years behind) impose is unlawful.

extremelybumpy · 25/08/2021 21:43

X-posted with Hired.

Soontobe60 · 25/08/2021 21:47

[quote IfIHaveToTellYouAgain]@Allthingspeaches he’s never had an Educational Psychologist observation, he was seen by clinical psychology. I don’t even know if he also needs the EP’s input or if CP’s is enough?[/quote]
We would expect an EP report with recommendations - providing 1:1 support isn’t a recommendation, they need to be SMART targets linked to gaps in his skills. School would then implement those recommendations with appropriate support. If that works, great, if not and EHCP with additional funding my well be required. I’m assuming the SENCo has seen the CP report? I’d be asking for an EP assessment to be carried out now. Bear in mind that EPs are now as rare as hens teeth though!

hiredandsqueak · 25/08/2021 21:56

Making an EHC needs assessment request is probably the quickest way to get seen by an Ed Psych tbh.

Sirzy · 25/08/2021 21:57

Part of the needs assessment is an Ed psych assessment, this will make up most of the work load of Ed paychs in most areas

spooney21 · 25/08/2021 21:59

If you're worried then apply but I doubt it will be agreed. The LA may agree to the assessment but this doesn't always end in a plan. Your dc is working at or above age related expectations in maths and reading based on teacher assessments over time. A clinical psychologist saw your child for an hour or two, and given your dc's very young age I would be looking more at the confidence interval scores rather than the actual scores. The fact that a clin psych recommended 1:1 is pretty meaningless in the world of education especially if they haven't observed them in class or reviewed their school work. Clin psychs very rarely understand how schools/ funding/ Sen support works (I've worked in a team with many clin psychs and have provided training to them). Did the clin psych diagnose with anything?

What are school saying and are they supportive/ in agreement of you requesting the assessment ?

extremelybumpy · 25/08/2021 22:00

No need to delay applying for an EHCNA because DS hasn't seen an EP yet, one would be part of an EHCNA, and the LA would have to stick to the statutory timescales for seeking that advice. If their own EP can't assess in that time the LA must commission an independent assessment.

If 1:1 is needed it absolutely should be specified and quantified in the reports. Provision in EHCPs is taken from the assessment reports, if the reports aren't detailed, specific and quantified the provision in the EHCP won't be either.

spooney21 · 25/08/2021 22:01

A child will only see an EP if the need assessment is actually agreed- which is the first hurdle.

NanooCov · 25/08/2021 22:02

My son is 6.5 and starting year 2 in the next week. He has had an EHCP in place since reception as he is visually impaired and needs extra support. Over the last couple of years, it's also become clear he also has issues with focus and attention. He has had an ADHD assessment and, while he doesn't meet the threshold for diagnosis, his difficulties have been noted and both the paediatrician and educational psychologist have recommended strategies to help with his focus and attention. He has a 1:1 at school. While his school are great and I think would have implemented a lot of the support measures for him even without the EHCP, I am very glad we have one in place.
It gives structure to discussions with school and other people involved with my son's health and education and I think it will help us as he progresses through school and his needs change and adapt. The difference between Reception and Year 1 in his school in terms of structured learning and workload was quite a big step up and I think without the support we had in place through the EHCP and the ability to voice concerns and ask for changes to adapt to his needs, he would have struggled.

perfectstorm · 25/08/2021 22:09

@extremelybumpy

No need to delay applying for an EHCNA because DS hasn't seen an EP yet, one would be part of an EHCNA, and the LA would have to stick to the statutory timescales for seeking that advice. If their own EP can't assess in that time the LA must commission an independent assessment.

If 1:1 is needed it absolutely should be specified and quantified in the reports. Provision in EHCPs is taken from the assessment reports, if the reports aren't detailed, specific and quantified the provision in the EHCP won't be either.

This. This exactly.
MaryTalbot · 25/08/2021 22:11

Because of Covid 20 weeks is no longer mandatory- there is no legal timeframe currently.

Please PM me if you want more help. Because of my job I was in a better position to help my child. Get pdfs of all documents. Put your view in writing. In my case my DC had intensive 1-2-1 in lockdown with a trained professional - me - that’s why D.C. made exceptional progress. Progress in school can be masked by highly supportive 1-2-1 tuition and input at home etc as was the case with D.C. the report from his primary said ‘passed year 1 phonics etc’ but I pointed out yes but I had done 2 hours a day for 6 months rain or shine etc
Please pm if you want more help. Ultimately it comes down to money. The school have to part fund any EHCP. When they were fully funded over the old system schools applied and as soon as they were only partly funded school applications dropped by over 85% in our area the most common reasons given to parents were : your child doesn’t meet the criteria (in the ten most recent parental applications in the LA parents got their EHCP -100%) followed by they are making good enough progress we can always apply later - they take a year (!) and two years behind now is easier to catch up then 4 years behind in year 6 plus early intervention reduced behaviour problems etc later, lastly funding argument to parents - we can’t afford a 1-2-1 ta for your child - it takes the ta away from other children etc hence EHCP - water tight wording, regular reviews to check what’s been happened with evidence, reviews etc and in my case a full cost break down

Pm me if needed

Hankunamatata · 25/08/2021 22:11

The problem you will have is that he is reading at yr2 level and you said he is ahead is maths. The school will need evidence that he is academically struggling.

If he that inattentive is the pead thinking adhd? Extreme cases can be diagnosed at 5 and start medication

WiggIyWoo · 25/08/2021 22:12

Queenie that is a myth. The only criteria for an EHCNA is what Sirzy posted - has or may have SEN, and may need SEN provision to be made via an EHCP. Any other test (the need to spend £6k, 2 assess/plan/do/review cycles, be 2+ years behind) impose is unlawful.

Whilst I appreciate this is the case, how does it work in practice? In schools, we only apply for EHCPs for our very neediest children, because of the hugely onerous process. I've taught children working at a reception level in Y6 who haven't qualified for 1:1 support, children who have been in PRUs in lower KS2, children who have selective mutism etc. A colleague taught a blind girl who was only deemed as needing support in the mornings. This is clearly a fault of the vastly underfunded system. But my question is, if criteria of evidence of provision maps etc doesn't need to be provided, how on earth do councils decide who qualifies for funding? Surely almost anyone willing to take it as far as appeal would secure an EHCP, yet this is clearly not the case.

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