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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To hope that my DD3 will not lose her EHCP, if she passes her 11+ or i decide to send her to a Selective Private school.

19 replies

peewitsandy · 10/10/2021 20:17

At present my adopted DD3 has an EHCP in place at Primary school. However, I am concerned that if she has passed the Essex 11+ (the results are supposedly due out on the 15th October) the L.A might void her current support for my chosen school. Conversely would a L.A continue with EHCP Support if i moved DD3 to a Selective Independent school (even if this was a named school on a statement).

The, point being despite DD3 being adopted with additional difficulties, there are not in being two or three years behind in English/Maths E.T.C.
DDs difficulties are linked to her Adoption ...

( I am not going there)

OP posts:
peewitsandy · 10/10/2021 20:18

They are not in being two to three years behind.

OP posts:
spanieleyes · 10/10/2021 20:19

An EHCP is ( or is meant to be!) needs based. Does she still require additional support above and beyond that available without an EHCP? If so, then the EHCP should continue. If not, then it could be reassessed and either reduced or removed.

Mumofsend · 10/10/2021 20:20

EHCPs are about far more than academic attainment. Many children with EHCPs are not only where they should be academically but often ahead. There are many other needs than just academic.

Noeuf · 10/10/2021 20:23

If she’s going to secondary next year they have to review by Feb 15th from memory - they can make changes following the review, you can comment/object and ultimately appeal if you disagree. They can also propose they withdraw it and you can appeal.
If she goes to an independent the school don’t have to follow it unless they are on the section 21 list - independent schools who’ve agreed to the SEND Code of Practice.

Bobbybobbins · 10/10/2021 20:24

I don't think it would be withdrawn. I think it is if a young person goes to university but that's it?

beautifulgirls · 10/10/2021 20:35

It isn’t just about academics. If your child needs support to access her education, whatever her academic level then she still likely needs her EHCP. You don’t give support, decide they are doing well with it then withdraw it, any more than you take regular medication off a person who is stable but only stable and healthy due to the medication they have. The local authority should review her EHCP every year and determine if her needs have changed (for better or worse) and then adjust accordingly. They should not remove provision unless they have clear evidence that the provision is no longer necessary due to an improvement in the child that can be sustained without the additional support.

SmaugMum · 10/10/2021 20:36

@peewitsandy, different scenario here, but my adopted Y9 DD, who also has a very significant physical disability, has recently been turned down for an EHCP needs assessment by our LA, by virtue of the fact that she is meeting age-related expectations at a grammar school. No consideration for the extreme social, emotional and beh issues she continues to experience as a direct of her very poor start in life. Tribunal here we come…

I’m told by specialist inclusion teachers that it is advantageous to have secured an EHCP in the primary school years to help with the transition to secondary school. I’m sure that if you contact your local Virtual School team that they will be able to help/advocate on your child’s behalf. Good luck to your DD for the 11+ results!

SmaugMum · 10/10/2021 20:37

Should say ‘behavioural’.

Mumoftwoinprimary · 10/10/2021 20:39

There is a little boy in ds’s year who has a full time 1:1. He was also in the top reading group (4 of them out of a year group of 90 so very able indeed).

NiceTwin · 10/10/2021 20:43

There are children with EHCP's at my dd's grammar, a girl in her class permanently has a ta with her.
If she needs one, whichever school she goes to shouldn't negate it, surely?

peewitsandy · 10/10/2021 20:46

Thank you:

There is a backstory about DD which I cannot talk about on a previous thread .

I was just looking at the definition EHCP and the designations. Accordingly one stated reason was that an ECHP might be denied. because a pupil is not academically far enough behind.

Noeuf. Do private schools usually follow the Section 21 SEND Code of Practice !

OP posts:
SmaugMum · 10/10/2021 20:58

@peewitsandy, why not try your local SENDIASS support for further advice? Alternatively, the AdoptionUK Adopters board has some posters with a huge wealth of lived experience, even if it is rather tumbleweed there of late.

applechips · 10/10/2021 21:04

EHCPS are awarded if the school/provision cannot meet the needs of the child with Higher Needs Funding (up to £6000 per year available) so if your DD needs more than £6000 worth of support then the EHCP will stay.

Noeuf · 10/10/2021 22:22

So basically the SEND code of practice sets out how to use the education section of the children and families act 2018 in practice - covers sen support in school, EHCPs, duties of Local authorities etc.
It applies to most educational settings except independent schools unless they have applied to be on the section 21 list. Meaning, they agree to the responsibilities / duties in the Code.

Noeuf · 10/10/2021 22:24

SORRY! S41. It’s late and I’m out of practice.

www.gov.uk/government/publications/independent-special-schools-and-colleges

Noeuf · 10/10/2021 22:27

From ipsea

‘Section 41 schools – These are independent special schools which have been approved by the Secretary of State under section 41 of the Children and Families Act (“CAFA”) 2014 as schools which a parent or young person can request to be named in an EHC plan. This means parents or young people have a right to request this type of school is named in an EHC plan in the same way they can request a maintained school.’

Hankunamatata · 10/10/2021 22:32

My sons have echp for social and emotional needs originally - were hitting academic targets but needed risk assessments due to explosions and danger to other children. So yes she can maintain statement for social and emotional. I believe (may not be correct) that you push on the basis that they wouldn't be able to access the curriculum like peers who dont have echp. However not sure how echp are applied to private schools

Hankunamatata · 10/10/2021 22:34

Get an sen solicitor
Look up
Sen sos
Ipsea
NAS if diagnosed asd

peewitsandy · 10/10/2021 22:40

Thank You Noeuf, Hank

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