To actually expect something from an EHCP?

[Lula63]

I have an almost 4 year old with autism who is quite severely affected. He attends a private nursery for children age 2-5 until he's old enough to start at a specialist school next year. The nursery wanted him to get an EHCP which he now has, I presumed so they could unlock funding to draft in extra support for him / SALT / therapies etc. Basically I assumed he'd be getting more support as that's what it's for, right?

He has had the EHCP for 7ish months now but hasn't actually received any additional support. No feedback from the nursery in terms of what they're doing with him. His days are the same as they have been since he was 2. He's only been on two outings in the almost 2 years he has been there, and they were both before he had an EHCP so the money isn't being spent on educational trips out either.

He doesn't have a 1:1 and has only had one direct SALT session, through his EHCP, outside of nursery. A lady unconnected to the nursery called me and said he was entitled to a session due to having his EHCP so we took him along and that was great.

However the funding awarded to the named provision (his nursery) was quite substantial so WIBU to expect the nursery to actually do something productive with it - because as far as we can see, they're not doing.

They apparently use SALT techniques with all the SN children that are there, but none of that is targeted for DS and he definitely needs alot of support.

DS EHCP documents exactly what he should get and how often. Yours isn't specific enough.

I got mine re-written by a SEN Solicitor to ensure it was correct

I think your problem is that he is at a private nursery and not at a nursery within a school. There is a massive difference between a level 3 being in charge at a private nursery and a qualified teacher being in charge of the nursery class in a school. They don’t compare and consequently provision doesn’t compare.

As many posters have said prevision in ehcp's must be specified, quantified and detailed to leave no doubt as to what should be provided. There is case law for this and a very small exception usually around special school provision and even with special school it's an incredibly small exception.

You have some choices 1) call an early AR and ask the LA to specify and quantify etc. 2) get private reports ready then call an AR (private assessments have a shelf life) 3) ask for a reassessment of need.

I would opt for 3 if possible as this would give you the quickest access to tribunal and it's in this process that you're more likely to see the changes you need. If they refuse to reassess you can appeal this decision, if they refuse an early AR you can't appeal that decision.

Sossen, ipsea, special needs jungle and education equality are all great. Sossen have some incredibly great booklets for about £5 and some webinars which are well worth their cost. Sossen and ipsea both have free helplines and fact sheets. Ipsea's helpline has to booked apart from in a Friday where you can call in. Sossen have drop in centres around the country too. Educational equality are a paid for advocate service but they and sossen do working document checks. If you are on a low income there is a charity that can help fund independent reports. Call ipsea or sossen and talk it through with them.

I wouldn't wait with this as when he comes to going to school you may find that he needs a certain type of special school but because his ehcp doesn't specify all his educational needs in section b and the provision to meet them in f, he will likely end up in the cheapest for the LA. This could be the perfect school but how would you know if you don't truly know what he needs.

Also if he hasn't already as well as slt info have a think about any other assessments/ reports you may need eg sensory ot/ ot/ social care.

This is all very helpful, thank you so much for the advice.

I'm still finding my feet as a special needs parent, so to speak, so info and pointers such as these above are much appreciated (and needed!)

I wouldn't wait with this as when he comes to going to school you may find that he needs a certain type of special school but because his ehcp doesn't specify all his educational needs in section b and the provision to meet them in f, he will likely end up in the cheapest for the LA

This has got me pondering.

He definitely requires a special school given the severity of his disability, I've submitted my preferences for next term and #1 is a highly rated autism specific school.

When I was asked what my preferences were, by the nursery and senco who was there during a chat at pick up, I told them what I'd requested and they both seemed to want to steer me away from that choice and said things such as "I thought you would have gone for something more mainstream" and "I think DS would be ok in a mainstream school" when he absolutely wouldn't be.

He's non verbal, doubly incontinent, has extremely limited understanding and is prone to multiple hour long meltdowns every day, self harming behaviour, aggression towards others etc.

I don't know another child less suitable for mainstream than my DS is.

Gosh I really hope I'm able to get him into this school.

If they issue a final naming a school other than the one you want, you can appeal. Have you spoken to the school, they may be able to offer you some insight into their numbers, cohort etc.

You will need to show that no other school closer can meet your childs needs to challenge this (needs and provision in the plan). If the LA can show there is another school closer that can meet his needs they can name that school. If your school is independent they also have to have a place available for him/ agreed to take him. (There are some exceptions to this; section 41 schools).

The fact that he is having meltdowns every day, self harming etc shows that your current nursery are not meeting his needs. You could possibly use this to ask for a reassessment or early AR whichever route you go down. If he's had the plan for 7 months and you've submitted preferences and hes only young have you just had an AR? If he's going to school 2022 you'll be due a final plan naming the new setting soon (there are set dates the LA has to do this by).

Please phone ipsea or sossen and talk it through with someone who can give you proper advice. He's only young so if you can get this right now for him it'll hopefully set you on the right road for him now.

Young children should get a review every 6 months I think x

With a EHCP you have the right to request any of the following types of placements:

• A maintained school or nursery (mainstream or special)
• An Academy (mainstream or special)
• An institution in the Further Education sector
• A non-maintained special school
• A section 41 school.

You can also ask for a wholly independent school, but there isn't the same rights with these.

Unless the school is wholly independent the LA must name your preference unless they can prove:

• The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

The bar to prove the above is relatively high.

The LA must finalise the amended EHCP by 15th February.

From the sen code of practice.

Does your LA have an early.years SEN team? Check the local.offer and see if there is an area SENCO you can contact who works with the nursery settings. They should be able to offer support and advice on what the nursery should be doing and how funding works etc. If they are getting money for your son they should be employing a 1:1 etc

@Lula63

I wouldn't wait with this as when he comes to going to school you may find that he needs a certain type of special school but because his ehcp doesn't specify all his educational needs in section b and the provision to meet them in f, he will likely end up in the cheapest for the LA

This has got me pondering.

He definitely requires a special school given the severity of his disability, I've submitted my preferences for next term and #1 is a highly rated autism specific school.

When I was asked what my preferences were, by the nursery and senco who was there during a chat at pick up, I told them what I'd requested and they both seemed to want to steer me away from that choice and said things such as "I thought you would have gone for something more mainstream" and "I think DS would be ok in a mainstream school" when he absolutely wouldn't be.

He's non verbal, doubly incontinent, has extremely limited understanding and is prone to multiple hour long meltdowns every day, self harming behaviour, aggression towards others etc.

I don't know another child less suitable for mainstream than my DS is.

Gosh I really hope I'm able to get him into this school.

I am in a similar situation, do has similar needs and due to start school in September 22. Its policy in my LA to encourage ALL children into mainstream. I'm prepared for a fight as this is in no way appropriate for my child

Lots of good advice here OP, just to add it's best for all communication to and from the nursery and the LA to be in writing so email and if phone discussions are had always follow up with an email detailing what was discussed. You may need it for evidence further down the road.
Apologies if someone has already said this I'm guilty of not reading the full thread (sorry)

You lot are the best thank you, a goldmine of brilliant advice here.

I really hope you get the school you want for your DS, Haribo. It's such a worry imagining them trying to cope in mainstream isn't it?

My DS is so vulnerable. There's no way he could manage MS, or them him to be honest.

My DSS is also autistic but is in MS because his ASD was picked up late, his needs present as significantly less than DS' but he's had such a hard time (and not just with other kids)

I respect any parents decision to send an ASD child to MS, but it's just not right for DS.

Totally agree OP. If I thought the LA had my child's best interests at heart I'd be prepared to discuss it but their number 1 (and 2, and 3 etc) concern is protecting their budget. Ultimately no-one will put your child first other than you so proceed on that basis. Good luck

And don't be fobbed of with " try mainstream first and he can always transfer to specialist provision if it doesn't work out" . Once in mainstream , it is incredibly hard to move across to specialist except at primary/secondary transfer time and year 6 will be too long to wait!

The keywords as PPs has said are specified and quantified.

To give you an example - my DD also has severe speech and language disorder. Her EHCP initially said 9-12 hrs per term of speech therapy with classroom intervention from a TA who has experience of SALT. That was changed to 1 hour per week of direct speech therapy in a small room away from other noise and distraction. If we’d kept the first lot of wording, school could have given 9 hours of indirect therapy and claimed they’d fulfilled the EHCP…