Do I need a EHCP for my son?

[swingsandroundaboutsss]

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?

Can be, often aren’t. Often to the tune of more than the £6k. There are a multitude of reasons why schools don’t want the hassle, very frustrating for parents and much easier if the OP can to just do it herself.

I kept being told my son wouldn’t get one. Strangely enough he we were granted straight away and the school even had the cheek to say they couldn’t meet need.

Parents and schools can force the LA to fully fund.

I agree it’s often easier for parents to apply themselves.

Friend went for scholarship for private school for her dc as he was very bright with asd. Smaller classes suited him better as he individual attention.

EHCPs are about far more than academics. For example, social and emotional development are just as important. DS1 is academically able, but has complex needs including significant MH difficulties. He has an EHCP with EOTAS because there isn’t a suitable school. Among other things his EHCP includes multiple therapies. DS3 has ASD and is academically able, but without his EHCP he wouldn’t cope in a MS secondary and again among other things has multiple therapies.

This is spot on

Because education isnt just about academics.

Some pupils will need extra support for things such as physio, positioning, personal care, occupational therapy which their education relies on.

Some will do well for so long and then have a breakdown. Some manage until secondary.

Some pupils with send have a very spikey profile and it's better to support and teach those skills that are weak at an early stage rather than try and pick up the pieces when it all falls apart and they need an ehcp and expensive placement because they can no longer access education or sometimes even life in general.

My ds did well because he had the ehcp because cognitively he's very able IQ wise.

Before he had it the school he was at said he could meet needs and didn't support an ehcp. That was despite him not attending and a diagnosis from camhs of school related anxiety, that was despite the fact the school he did a managed move to couldn't meet need and refused to take him after the 6 weeks trial but agreed to keep him for another few weeks on an extended trial whilst we did the ehcp refusal to assess tribunal.

He got the ehcp, got a 1:1 mentor and flourished.

Apply yourself - get SENDIASS to check your paperwork. Your local authority will probably say no. Appeal to tribunal and then they will back down.

I applied myself, for my academically capable, well behaved, autistic daughter. Primary school said “you won’t get one” and left most of their form blank when asked for information.

LA said no, I appealed, they soon changed their minds and she will have a plan soon - which she desperately needs as her mental health was completely destroyed by being an an environment where where she was not supported. She became so ill that she was fast tracked to CAMHS, and I know that we don’t have a hope in hell of getting through secondary school without a plan.

Schools will tell you that they meet needs without an EHCP. That’s often a lie. An EHCP is a legal document that means they HAVE to provide agreed support and adjustments. Your son is going to need you to fight his corner for him as he progresses through his education, this will give you a place to fight from.

You will be told all sorts of things - that school should have done three cycles of plan do review, that school must show they have spent £6000 first but it’s not true.

Local authorities would like school to have done all this first and schools should be doing absolutely everything they can to support - but your school isn’t and that isn’t your problem and shouldn’t be your sons.

IPSEA site has template letters on you can use to get started.

The legal bar for assessment is very low

That's as may be but there are lots of sneaky unofficial ways LEAs use to try getting out of doing EHCP assessments. Our son has ASD and was barely verbal, had major issues with balance and motor skills when he went to school. Our LEA still initially refused to assess and tried to adopt a 'let's see how he goes' strategy. We had to go to mediation and threaten them with a tribunal before they would back down.

SENDIASS are usually associated with the LA.

Ds is now in year 8 snd has had 1-1 via his ehcp since year 3 (before that section f was less specific)

he is on the whole academically able (but with a spikey profile) but his complex combination of needs means he needs the 1-1 to be able to access the curriculum. As a team we have tried to have the 1-1 take a step back more but the consequences have shown he is far from able to deal with it.

needs go much deeper than just academic ability

There's so much useful information, thank you!

I've tried to explain to him about other children needing their turn and that him not being chosen is sometimes because the teacher knows that he knows and it gives other children an opportunity for help. He understands what I'm saying but in the moment he just needs to get it out. He's worked so hard to not shout out but will keep his hand in the air for so long it's painful to watch (he's done it in front of me when we're having a meeting with the teacher).

It was me who suggested the book and she said it was a good idea but then said it would distract him. He's got it but wants to hide it so people don't think he's 'different'.

That’s why sadly it is essential that parents are educated in the lies spouted and able to fight to what their child needs

Our school kept insisting DD didn’t need any support as she was fine and that she definitely didn’t need an EHCP.

Later on, when the LA started putting pressure on school to explain what they had been doing, and reminding them of their legal responsibilities to make adjustments, school suddenly declared that they couldn’t meet her “extremely complex” needs.

Same child, no change in needs during this period 😂

EHCPs can also be granted purely for SEMH needs.

Apply yourself. Templates on the IPSEA website. There are individuals who offer consultancy services to help you apply, represent you in parent meetings, go over the draft EHCP and so on.

That's as may be but there are lots of sneaky unofficial ways LEAs use to try getting out of doing EHCP assessments.

There are, but they are all unlawful and can be challenged. They shouldn’t just be accepted by parents.

We had to go to mediation

In case you need to appeal again, you don’t actually have to partake in mediation. You only have to consider it. You can get the certificate and submit straight to SENDIST. LAs often use mediation as a delaying tactic, if they are going to concede they will do so regardless of whether you actively partake or not.

@BigMacAttack I know, SENDIASS receive LA funding so aren’t truly independent and will ultimately toe the party line. Some are better than others.

DD2 was in year 10. The SENCO wouldn't support my request for a EHC needs assessment application. At all. She point blank refused the request of her manager, an Assistant Head, twice, on the grounds that DD2 'didn't meet the criteria'. I did a Subject Access Request and used that information to apply myself. DD2 ended up at a PRU in their vulnerable children section.

Not only was DD2 given an EHCP, but she was allocated a very expensive independent specialist school, once the assessment was complete. Then the LA agreed to pay for an extra year, so that she could restart as a year 10.

Teachers don't. Your ds' teacher may do. They are not one step ahead of the teacher but most probably the class. I do think there should be different groups for those who think ahead and excell, Understand the work. Still working 4 years below their year group. That takes at least an extra 2 TAs. That's the dream and what our children should expect. Strangely no one wants the job of a TA. Puzzling, when we have the complete support of parents and SLT!!

Two of my sons have EHCP's. Eldest had a statement. All academic.
I am so glad I persevered with the process particularly with my eldest as although they all performed academically they fell apart in secondary schools and ended up in special Ed settings and having them helped them with their disability funding at university.
I had to take my local authority to tribunal the first time :/

I think that you should trust your own instincts.

I would ask to change to the other class.

I would also consider my experience:

2 academically highly able autistic children.

The primary school continuously told us that they could meet needs, that they were highly able, that they were "fine" at school and doing well and that they wouldn't get an EHCP.

The EHCP needs assessment process identified needs that the primary school pretended weren't there but my gut feeling knew.

You will need private reports because the NHS and LA reports were next to useless.

In my experience, SENDIASS are also next to useless given that they're supposed to be independent but are funded by the LA.

IPSEA/SOS SEN! will help you.

Apply for the EHCP. Use the SOS SEN! guides (£5 each) to give you some guidance.

Expect to go to Tribunal to get what you need and you will have a year long wait to get to Tribunal which is why I think that you should apply sooner rather than later, in time for secondary.

We found that secondary school offered more help and support.

And our kids won't go anywhere near the primary school. They have such bad memories of the place.

They now have places at special schools.

Just because he copes in primary doesn’t mean he will in secondary, probably best to get it in place now. We’ve wasted lots of time in secondary waiting to get things changed for DD.

Genuinely interested what grounds he got this on?

Absolutely! So many kids arrive in secondary and FE without an EHCP who clearly would benefit from an EHCP and support.

Lots of parents don't pursue it because the schools tell them not to and then these kids fall apart in the next step of their education.

For DD2, who is 'of at least average intelligence', it was on SEMH (Social Emotional and Mental Health) grounds, with ASD as her primary need. She now attends a school with 3 in her class and a TA that accompanies them to each class throughout the day.