Should I apply for an EHCP or not?

[IfIHaveToTellYouAgain]

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).

Totally agree with extremelybumpy too. Yes EPs are overstretched but this does not absolve local authorities from meeting the statutory timescales for assessment etc.

I can't really understand people on the thread saying they doubt he'd get an EHCP and the clinical psychologists observations are less important than an educational psychologist - I can't imagine why an EP would reach significantly different conclusions to the CP.

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

I thought that was a temporary thing and the deadlines are back in place now?

A child definitely does not need to be struggling academically. Ds got five level 9 GCSES last summer. Four months later he was awarded an EHCP.

I would apply but let this thread be your warning that it’s a postcode lottery.
We applied for my sons EHCP in February and received it in June. No appeal, no tribunal, no fight. He’s 3 so still in pre-school.

Sirzy you are right, I think the deadlines are all back to normal.

@spooney21

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 ?

This!

It’s quite unusual for a CP to be seeing a child for this reason rather than an EP. If his assessment scores are Low Average (or even Low), and he is working at Y1/2 level in some subjects then it would be very hard for a panel to consider that he has a special educational need in the primary area of cognition and learning.

@Hankunamatata - that is nonsense. A child does not have to be "behind" or struggling to get an EHCP. My son had his in place before he even started Reception.

The 20 weeks timeline has been reinstated and is mandatory it's a worry if you work I. This field snd haven't realised as I think it's coming up to a year now that it's been back in place@MaryTalbot

@Sirzy

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

I thought that was a temporary thing and the deadlines are back in place now?

The statutory deadline has been back in place for nearly a year!

@WiggIyWoo

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.

When the needs assessment is done - which has been said before has very simple criteria - then a wide range of professionals HAVE to be consulted in order to get an overview of the child and where their needs lie.

Sadly many people when turned down don’t appeal. Sadly many plans are written in such a wooly way that they mean nothing.

Hardly surprisingly for the parents who are in a position to fight to appeal level the success rate is massive. That is in part because many authorities think the law is optional!

Hankuamatata that is incorrect, you do not need to be academically struggling. It is possible to be academically able and have an EHCP. I have 2 DC who are academically able with EHCPs.

Mary as others have said the relaxation of the rules ended last year. There is no relaxation of statutory timescales currently.

Spooney OP's DS meets he legal threshold therefore if the LA refuse she should appeal. The vast, vast majority of refusal to assess appeals are upheld. Even if she has to appeal the sooner she applies the sooner DS's needs will be understood and supported.

Wiggly the threshold posted is for a needs assessment rather than an actual EHCP. The vast, vast majority of refusal to assess appeals are upheld. The bar for EHCNA is relatively low. Once you have an assessment then the decision is based on the assessments e.g EP, SALT, OT etc. Many schools refuse to apply and tell parents their child won't get one but when parents apply they focus get one.

Taachers and schools need to educate themselves on the law and stop listening to LA policy for a start. My daughter has never been behind had an SSEN and then an EHCP since she started nursery. LA currently pay £75k pa for her provision she got 7s and 8s at GCSE. If you are on Twitter look at Garry Freeman he was a SENCO for 46 years and offers training to LAs schools and teacher all law based. Know the law ignore the policy is my advice.

@WiggIyWoo

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.

I contribute to around 3 ehcp assessments per week

Merely describing what happens in my LA

Over the last 7 YEARS !!!

[quote hiredandsqueak]@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.[/quote]
I work on these on a daily basis

This is the criteria we work to

The information is not false
It's based on my LA only

Well then like many your LA isn’t following the law.

Sadly not !!

I hate this system

Many of the neediest kids do not get what they deserve

But just repeating here what the panel look for as I have OFTEN tried to challenge their decisions xx

In our LA they lose almost 99% of appeals and our LA rarely concede and are among the worst LAs in the County. Their policies are largely unlawful schools are schooled in LA policy the best thing you can do is point parents in the direction of IPSEA and SOSSEN tbh and encourage them to appeal all the way. Also advise that if they are entitled to Legal Aid they will get the support of an educational law firm and independent assessments by SALT OT and Ed Psych free of charge. It's the independent assessments that win the appeals tbh.

@Queenie6655 law trumps LA olivy every time. Those policies are unlawful you need to know the law and forget the policy to do your children justice.

I’m glad that there are posters who say you don’t have to be academically struggling. Yes it’s true that he’s not (currently - but only in reading and maths - he is still behind in everything else that gets assessed at EYFS stage) but it’s because of intense 1:1 from me, both over lockdown and since, and yes, support at school. What I’m saying is that next year that support won’t be there, and it’s a huge jump from reception to Y1 for a child with no SEN, so what’s it going to be like for him?
I appreciate that it’s not going to be a walk in the park to get anything for him. Whilst I understand what people are saying about the CP report being a snapshot I’m actually quite surprised at how very accurate it is despite that. They really have managed to spot exactly what he’s struggling with. It’s great to know that an EP report will be commissioned as part of the process so I don’t have to think about that just now.
For the poster who asked, school may well be supportive of applying, I don’t know as I only received the report today and our school doesn’t return until 8th September so I’ll approach them in that week.
Thank you to everyone who has given advice, it’s all hugely appreciated and taken on board.

My son has an EHCP and it is a game changer. Apply for it but be aware it is an involved process and evidence is key.

We had paediatric consultant report, Ed psych report (private), clinical psychologist, speech and language therapist report and as adopted a SW report.

Your son's needs will only get more complex as he gets older and school/ social relationships get more complex. I would apply asap - the school are managing risk, measuring against targets and the class, you are advocating for your son as an individual.

@Hankunamatata
CP have advised waiting a year to see how he gets on with support in school and will pursue a diagnosis if he still struggles beyond that. They don’t want to ‘label’ him with anything.
In any case I queried ADHD and they said highly unlikely because he doesn’t have other traits associated with it 🤷‍♀️

Apply now. We dawdled over it as school were insistent it was unnecessary and I wish we hadn't because we were granted in the end and we could have had that support in place much earlier.

OP if the school need more funding to continue to provide support for DD whilst undergoing the EHCP process they can apply for high needs top up funding.

Queenie you should read up on the law rather than listen to your LA's unlawful policy. Parents should be encouraged to challenge the LA's unlawful practices.

Op don't wait if you have to appeal at every stage you could be looking at a year to get to the end of the process. Check out IPSEA and SOSSEN. If you are on Facebook Educational Equality is worth a look and you will get law based advice there too

[quote hiredandsqueak]@Queenie6655 law trumps LA olivy every time. Those policies are unlawful you need to know the law and forget the policy to do your children justice.[/quote]
I work with the best interests of the child in mind

I have no problem calling out the bullshit I see on a daily basis in the La and some of the bull s decisions made at panel

Op all the info you have mentioned here would be also so useful in a parental request

If it is turned down they may say re apply by xxxxx
Or may ask for more info etc