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Original poster

Do I need a EHCP for my son?

107 replies

swingsandroundaboutsss · 10/02/2023 19:01

Trying to cut a long story short..
My son is diagnosed with autism and is struggling at school. There are some things in place to help him but I'm beginning to wonder how much help they actually are.
He struggles with his emotional regulation and can get stressed quite easily. He's very impulsive. He's also very clever, in the top 10% of the class in maths and reading.
We've recently been doing some occupational therapy sessions outside of school and whilst speaking to the therapist she suggested an EHCP. We were discussing my son getting frustrated in class and one of the reasons being he always has his hand up and the teacher not being able to answer his questions. When I spoke to the teacher she said he always has his hand up and can't answer his questions otherwise she'd be stopping the class every 5 seconds. The therapist suggested the EHCP could provide 1 to 1 support and that person could answer these questions. He gets frustrated in maths because he has to listen to all of the things he already knows and the teacher needs him to be present for the last 10% of input for the more challenging activity.
I suggested the EHCP and she said she'd get back to me.
She asked me to come in for a chat after school about an overnight trip they're going on and she'd talk about the EHCP and feedback from O.T.
When I went in to the classroom my son asked her to remember about the form, she sternly replied to him "it's my turn to talk, not yours, I'm talking to parents, go and sit in the reading corner". We spoke about the trip and she tried to finish it there and said she had a meeting. I mentioned the EHCP and she said "in a nut shell, it's only provided when the school isn't meeting the child's needs and we have things such as brain breaks in place for when it gets too much for him. There are other children out in the SEN hub who have more serious, severe, visible needs that get an EHCP. He doesn't get one because he gets frustrated because I can't answer his questions. If you want to speak more then email the head of senco". She then got up, said she had a meeting so had to go. I felt frustrated, never mind my child. When I've spoke to other parents or teachers they've just said she's strict. When my son is doing everything he's supposed to she's the happiest person ever but when he's had a challenging day, she can't cope. He's basically told me he feels as though she picks on him, singles him out and entices him to get upset. That's a lot coming from a 7 year old. I understand schools are under pressure and I'm thinking of this as a way to get him extra support and take some of the pressure off them. I've spoken to the deputy head about his issues with the teacher and she said "She really likes you, in fact, she chose you to be in her class this year because she had you last year and knows you quite well already".
I'd be lying if I said I wasn't gutted he had her again. I remember one incident where he ran across the playground to me at home time and she chased him and grabbed his arm and told him off for going without telling a teacher. I said I understood but could she take her hand off him as she had no right to grab him. She apologised and then back tracked and said she never grabbed him 🤦‍♀️.
Do I request a change of class, wait until next year and hope things improve, go down the EHCP route on my own or just stick it out?

OP posts:
Hercisback · 10/02/2023 19:05

An EHCP won't remove any pressure from school. He wouldn't get a 1:1 TA with the needs he has, and it sounds like school are meeting his needs with other strategies.

I can't really see what the teacher has done wrong. She was worried he had run off, and acted on her first instinct to protect him. Remember she is human too.

Nimbostratus100 · 10/02/2023 19:05

sounds like he simply needs to learn not to have his hand waving around in the air all the time - that is just self control, and many children have to learn this, without any SEND

Nimbostratus100 · 10/02/2023 19:06

also, she had every right to grab him

TeenDivided · 10/02/2023 19:07

If you post on the SEN board you'll get loads of v. good advice.

To get an EHCP you have to show SEN & school unable to meet needs as part of their normal offer. You may need to get the school to try more strategies first before an EHC needs assessment would be granted.

So maybe write a list of issue and how it is impacting your DS first, to discuss strategies with SENCO.

But as I said, lots of help on the SEN board. They were invaluable when we applied for DD's EHCP.

Thighdentitycrisis · 10/02/2023 19:07

Maybe contact Sendias for advice

passmethemalbec · 10/02/2023 19:08

Hi there, I work in the Inclusion team at school and write EHCPs for many children. As your child is doing so well academically, it will be tough going to get an EHCP. The waiting lists are so long. The school will have to prove that they have tried many different strategies over the course of 2 terms before the SEND team at the council consider the application. It's a long process but with both yourself and the school working together, you will hopefully get there. On a side note, you can apply for an EHCP yourself too. X

passmethemalbec · 10/02/2023 19:09

With regards to changing his LSA or switching classes, this is something I feel you should ask for but do be prepared that some schools just won't do this. X

Patchworksack · 10/02/2023 19:10

It would be worth contacting the local SENDIASS service (find on local authority website under ‘local offer’) to discuss it. School have to make reasonable adjustments for SEN and the first part comes out of school budget so EHCP only comes into play when a child needs a 1-2-1 or a specialist placement. Has he had an Ed Psych assessment? You are not though to get far with EHCP process without support of and input from school so I’d start with the SENCO and go from there.

passmethemalbec · 10/02/2023 19:12

I would answer be going above this teachers head and speaking directly with the school SENDCO/Inclusion Team. She shouldn't be speaking to you or child in that manner x

Punxsutawney · 10/02/2023 19:13

As your child is doing so well academically, it will be tough going to get an EHCP.

Ds got an EHCP the autumn after he achieved 5 grade 9 GCSES and now attends an expensive specialist independent school funded by our LA. Academically able children can get EHCPs.

I also applied without the support of Ds's school at the time, the Senco said she would tell the LA an EHCNA wasn't necessary. She did just that and he still got one...

TeenDivided · 10/02/2023 19:20

... and the first part comes out of school budget so EHCP only comes into play when a child needs a 1-2-1 or a specialist placement

Not necessarily. My 18yo has an EHCP with neither of these.

SunnySnowdrop · 10/02/2023 19:24

passmethemalbec · 10/02/2023 19:08

Hi there, I work in the Inclusion team at school and write EHCPs for many children. As your child is doing so well academically, it will be tough going to get an EHCP. The waiting lists are so long. The school will have to prove that they have tried many different strategies over the course of 2 terms before the SEND team at the council consider the application. It's a long process but with both yourself and the school working together, you will hopefully get there. On a side note, you can apply for an EHCP yourself too. X

Schools do write EHCPs! Or shouldn't be anyway.

There is no waiting list. There are statutory deadlines.

Apply yourself if you think it's needed OP and appeal if the local authority say no. The legal bar for assessment is very low, your child may have Sen which may require provision to be made via an EHCP. It's often arguable no one can know what provision is required j til an act assessment has been done. There's no need for however many rounds of plan, do, review legally either.

Check out the Ipsea website for correct advice.

SunnySnowdrop · 10/02/2023 19:26

That should say schools don't write EHCPs.

Also agree about the academic thing not being relevant. Complete nonsense. I have two academic kids with EHCPs,

JustKeepBuilding · 10/02/2023 19:29

The threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. That is the only lawful threshold. Anything else is unlawful. There are many myths about EHCPs including DC who are academically able won’t get an EHCP, there needs to be 2 assess/plan/do/review cycles, the school has to have spent £6k.

I would apply if the OT is recommending it, you have nothing to lose.

Schools often say DC won’t get or don’t need an EHCP or 1:1 or… but parents go on the successfully apply for an EHCP and secure SEP including 1:1.

The waiting lists are so long.

There are no waiting lists. The EHCP process takes 20 weeks if parents don’t have to appeal. This is a statutory deadline and can be enforced.

the first part comes out of school budget so EHCP only comes into play when a child needs a 1-2-1 or a specialist placement.

EHCPs can be fully funded and are about much more than 1:1 or specialist placements.

JustKeepBuilding · 10/02/2023 19:30

Be careful with SENDIASS, some are good but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

Original poster
swingsandroundaboutsss · 10/02/2023 19:31

Thank you for all of the helpful replies, I'll do a bit of research and arrange a meeting with the senco 😊

It's all a little confusing and as the OT suggested it, I thought I'd ask for advice.

In regards to grabbing him, he was already with me, she wasn't grabbing him to stop him running. I was about 5 metres away from his class and she could see me.

OP posts:
Choconut · 10/02/2023 19:32

It's funny that teachers sometimes have a real problem with a child always having their hand up. DS has ASD and in his favourite subject at secondary he always has his hand up and always knows the answers, he is often one step ahead of the teacher as he does a lot of learning around the subject at home. The teacher gave him a 4 out of 5 for effort and when we asked why he said it was because he always has his hand up and others didn't get a chance. DS said that no one else puts their hand up - so basically the teacher is annoyed that ds always knows the answer and no one else bothers to put their hand up - what does he want him to do? pretend he doesn't know the answer? And how will that help if no one else has their hand up any way. He's not shouting the answer out by the way, just sat with his hand up keen to answer.

Why doesn't the teacher give your child a notebook and pad so he can write any questions down rather than just getting annoyed when he gets frustrated having his hand up - telling him to put it just put it down/ignoring him obviously isn't working. She's obviously finding him annoying and doesn't sound very nice but I don't understand why she hasn't tried anything else to help him with this. The questions could then have already been answered by her by the end, could be answered by her at a better time/all at the same time or he could be encouraged to find the answers out himself (if they are that sort of question).

I would see if you can get someone from SEND in to observe him, the lady that saw DS was bloody brilliant - school was useless and didn't do any of it - but she was great, I spoke to her too and she was lovely. They might be able to give the teacher lots of ideas on things she could do to help ds with his issues.

asleeponthetable · 10/02/2023 19:36

He has an autism diagnosis, it is perfectly reasonable for you to request an EHCP. Apply yourself. If they deny, appeal it. If you can afford it book in private assessments now.

The first £6,000 comes from the school budget and they must prove a certain amount of steps they have taken when they apply depending on the local policy.

JustKeepBuilding · 10/02/2023 19:41

The first £6,000 comes from the school budget and they must prove a certain amount of steps they have taken when they apply depending on the local policy.

EHCPs can be fully funded. LAs like to think they can have local policies on what steps a school must have taken, but the only lawful threshold for an EHCNA is a) has or may have SEN, and b) may need SEN provision to be made via an EHCP.

Merryoldgoat · 10/02/2023 19:47

Hercisback · 10/02/2023 19:05

An EHCP won't remove any pressure from school. He wouldn't get a 1:1 TA with the needs he has, and it sounds like school are meeting his needs with other strategies.

I can't really see what the teacher has done wrong. She was worried he had run off, and acted on her first instinct to protect him. Remember she is human too.

Why wouldn’t he? Mine does.

@swingsandroundaboutsss

Be very clear about what is needed and where your son is having trouble and then make the SENCO listen. If they don’t then complain to the head and then the governors.

It’s a lot of work for the school but that’s irrelevant if he needs it.

You could also talk to your local authority SEN department to understand how the assessment process works in your area.

Pinkypurplecloud · 10/02/2023 19:47

Re the questions - I have a sort of similar autistic child, and in the end we hit upon “the question book”. He writes all his randomly occurring questions and things that come into his head in a dedicated exercise book - he’s allowed to do this during lessons. His teacher tries to look at it at some convenient point in the day if she can, but it also comes home with him and I answer the “if you can get a square number what’s a circular number” and “why doesn’t wood conduct electricity” and “weren’t the Stone Age people a bit stupid not to have invented metal” type thoughts. He’s still allowed to put his hand up and ask questions if he needs to, but he’s got better at understanding what is a relevant question and much less frustrated because he has an outlet for all the less relevant ones. And his teacher is less frustrated with him waving his hands around getting progressively noisier because once he’s got an idea in his head he’s absolutely fixated on it until it’s expressed. All it cost was an exercise book - worth a try?

Floofyduffypuddy · 10/02/2023 19:47

So much confusion around this.

Op I would strongly suggest you get him one and that will be the foundation and yardstick against which he should be treated.

Newrumpus · 10/02/2023 19:51

Ask the OT to apppy

Nightlystroll · 10/02/2023 19:52

Can I ask, from a place of ignorance, if children are academic and achieving high grades, why do they need more support?

itsgettingweird · 10/02/2023 19:52

It's not about the academics.

My ds got a few 9's at gcse and he had an ehcp the whole way through until he finished his t level.

If the school cannot provide what is needed because it goes above and beyond what's normally provided in MS school then that is the only threshold you have to meet.

You can also apply yourself. You don't need the school to do it.

But just having to wait your turn and wanting questions answered immediately isn't a threshold. Not being able to follow what's being said because he needs clarification would. So it really depends on the reason he always wants her to answer questions.