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?

It doesn’t sound like needs extra support, sounds like he’s doing very well academically and there are issues with his behaviour. ND or not, he needs to learn he has to wait and that he can’t have anyone’s constant attention. I’m not sure how supplying him with someone who will give him constant attention in class will teach him that?

The good thing about an EHCP is it can include therapies DC wouldn’t otherwise receive &/or more frequently and for longer than otherwise typically available without the need to sit on the normal waiting lists.

macaronicheese123 you clearly have no knowledge or understanding of SEN or the SEN system.

@JustKeepBuilding I disagree! However, as you believe you have superior knowledge... How will getting him 1:1 stop his behaviour? It will just disrupt other children even more because he’ll be having a conversation with someone else during the lesson other than the teacher.

Wow, there is some very misleading advice on here.

I work in the field (similar role to IPSEA). @JustKeepBuilding is spot on and clearly has good knowledge of the process.

Happy for you to PM me for some advice @swingsandroundaboutsss

ND children need to be explicitly taught many skills that NT just 'pick up' via social communication. This is because it is a social communication disorder. There are lots of strategies to teach these skills but they require specific support over a long period of time. A TA role wouldnt be to just aswer the questions the second they are asked, but to help him do things like write the question on a whiteboard to save it for a more appropriate time. Its not an instant process though.

macaronicheese123 Firstly OP’s DS being academically able does not mean an EHCP and SEP aren’t required. That alone shows you have very little knowledge and understanding of SEN. EHCPs are about much more than academics.

Behaviour is communication and a sign of underlying needs. A 1:1 would enable OP’s DS to take movement breaks and time out, supervised, whenever they were necessary. They could also deliver sensory circuits, emotional literacy interventions and things like Zones of Regulation, SALT work, social skills interventions and support, physio, act as a prompter, as OP’s DS struggles with writing they could act as a scribe, they could amend and differentiate the task so OP’s DS didn’t have so many questions… There are many other ways too. If you read the thread there are other suggestions.

@OrangeAurora I work, very part time because of my own DC’s needs, for a local charity that supports parents of disabled DC. Between that and supporting others IRL and on MN I come across myths and misinformation daily, much like you I imagine. It makes the process much harder for parents, doesn’t it?

I know it isn't just about having someone constantly there to answer his questions, I know there is more support available but it all feels a little alien to me. If I'm having a debate I at least like to have an understanding of what I'm talking about and not just be shut down.

The worst thing is, I have a 5 year old daughter that has more complex needs than my son. Right now she is being given the support she needs so I'm not too worried but as she progresses through school I have a feeling I'm going to have to fight to get her more support. She's currently a couple of years behind her peers in most areas. She has one to one support but I believe that's due to her mobility issues and should anything happen, they don't want to be held liable. As she is becoming more able physically I can see the support being tapered away. I would hate to have to fight for her and know I could have done more to help my son but by then it's too late.

Rather than him constantly having his hand up, I suggest that he has a means of communicating without the teacher having to select him to speak - this could be a mini whiteboard, voice recording device or even cards relevant to the activity such as 'I know the answer' and 'I have a question'. The teacher can acknowledge him without interrupting the flow of teaching or having to divert too much attention.

OP, did the NHS OT give you any discharge info or anything in writing? It maybe that you will need to pay for a couple of assessments yourself if you end up appealing. There is a charity which can help fund these. I can't remember the name and just googled it to no avail but they sometimes get reccomended by sossen.

Nhs reports aren't always as detailed, thorough and specific as they need to be. Sometimes if they have long waiting lists in your area it can work to your advantage as you can use it to get the LA to commission independents.

Hypermobility can be incredibly painful and tiring. Do you have anything in writing from the school, maybe a report or email that says he uses his current grip for neater writing? OT's can detail provision to help but they will need to assess. Things like pencil grips, finger exercises, core strength exercises, specialist seating, a scribe, voice recognition software... my son uses a laptop as its easier for him to type than write. This is in section f including the programmes tgst he uses so that it is provided by the school. It comes home with him too. He's had one since year 1.

He clearly has sensory needs, when you ask for the assessment you'll need an OT with post graduate training in sensory processing to do the assessment. Some LA'S don't commission these so again if needs be you'll need to get them to buy in. Do you have any evidence of his sensory behaviour that you could use to submit? Again maybe school reports, his diagnosis report, minutes from any meetings?

You could trial him with ear defenders in the mean time, just if he wants to go anywhere noisy so that he can. Noise cancelling headphones are quite trendy at the mo so he needn't look like he's wearing them for this reason.

As I said earlier, ask for a sensory OT assessment as well as a norm OT assessment, speech therapy assessment and educational psychology assessment as a minimum. Make sure they assess using established/ recognised tests and not just observations. Anything they feel he needs should be detailed as a provision to meet need and is not a reccomendation. (You do not want the ehcp to say it is reccomended that.... as this is unenforceable likewise wording like may benefit from, sometimes,frequent, often, as required....) the provision needs to be worded so that there is no doubt as to what is provided, for how long, by who, when, what training is required, who oversees plans and reviews them etc.

If the teacher speaks to you in regards to anything maybe just follow it up with an email saying something like " hi Ms. Xx, I just wanted to make sure my understanding of our conversation today was correct. My ds ran out of class due to...., you are doing yyy to help". This way you're building up evidence and keeping a record if things are being said verbally.

If he's having to leave class regularly then this is a clear sign of unmet needs. See if you can get school to write this down too somewhere. You could ask for these times to be documented as he's missing out on education. Ask them why he's being sent out, is it punishment? What they hope to achieve by doing this? It sounds like he needs time to regulate because he's struggling because his needs aren't being met. Incidently if it is punishment and he's being sent to isolate that's a whole diff ball game as a child shouldn't be isolated regularly and the school should put things in place to stop whatever is causing it, they should also be providing suitable work so he isn't missing out on education znd make sure he's suitably supervised by someone qualified to teach. There was new guidance released on this near the back end of last year. If they say he needs a break then that's evidence.

Your son isn't hard work. He's not having his needs met and being expected to function. It isn't right. Your son does have needs. It isn't about who has the most complex, it's about each child getting an education. Their needs are different but your sons aren't less.

You have had some great replies on this thread but please call ipsea or sossen. Their advisors are trained and will be able to go through things with you on a personal level which you won't get on here. Have a look at their websites too. Also specialneedsjungle.

Ignore the posters saying he won't get one, he's too academic etc.

Start as soon as possible, avoid sendiass.

Of course a child who is doing well academically can get an EHCP - mine does. OP you should apply yourself for the needs assessment, but it is a very sharp learning curve and you really need to know what you are doing or will need an advocate for instance.

One extremely important reason that you should think about applying now is that the whole process can take a very long time, a year or more (at worst) and even if you think your child is coping now, they may well not cope well in a year or two.

The transition to secondary can also be very challenging and some neurodiverse children will fall apart at this point as their masking etc. begins to fail them. You really don't want to be pursuing a long drawn-out process when you are in crisis.

@Cuckoosheep is it Parents in Need you are thinking of? They can sometimes help fund independent assessments for SENDIST. If you are eligible for Legal Aid assessments can be funded via that too.

@JustKeepBuilding it is yes, thank you. It's been driving me insane trying to think of their name.

It seems to me that sadly the only children who get worthwhile EHCP’s are those who have parents who have the capacity to learn the law and fight. It’s exhausting. Schools and LEA will perpetuate myths and/or act illegally at every turn.

My son’s draft EHCP recommended part-time schooling! At a school that had already asked me not to bring him back as they couldn’t meet he needs and deemed it unsafe for him to attend. Happy to say he now attends full time at a wonderful specialist school - a school I was told he’d never get a place at with the EHCP I was told he would never get. Didn’t even have to appeal or go to tribunal.

Ask to change classes . You don’t like the teacher and she finds your child annoying .

There isn’t any funding available for a 1.1 for your child.

Nobody knows if that is what the OP's DS needs, but if he does, he should get it.

You could try but I would be amazed if you got one based on your description of his needs even though I am sure he would benefit.

I’m an SLT and the last 3 children I wrote reports for in support of an EHCP were rejected. One has ASD and cannot function without 1:1 support in the classroom, the other two are in year 1 with severe speech disorder and practically non verbal. All three were rejected. 10 years ago all three would have walked away with an EHCP without a second thought.
It’s thoroughly depressing and a complete failure of a system in its current state. I dread writing the reports now because I know the chances of actually getting one granted is slim to none.

You could try but I would be amazed if you got one based on your description of his needs even though I am sure he would benefit.

I’m an SLT and the last 3 children I wrote reports for in support of an EHCP were rejected. One has ASD and cannot function without 1:1 support in the classroom, the other two are in year 1 with severe speech disorder and practically non verbal. All three were rejected. 10 years ago all three would have walked away with an EHCP without a second thought.
It’s thoroughly depressing and a complete failure of a system in its current state. I dread writing the reports now because I know the chances of actually getting one granted is slim to none.

It is possible to get an EHCP for the type of needs OP describes. LAs often refuse EHCPs but parents should appeal as the vast majority of appeals are successful.

There isn’t any funding available for a 1.1 for your child.

With an EHCP there could be funding. If the school applied for high needs top up funding there could be even without an EHCP.

Can someone please explain in basic English what is an ECHP - what's in it? What does it mean? How does it help? Does it mean the child gets 1-1 support, is that the purpose of it?

It’s really awful that LA’s are refusing as standard, and it’s an open secret.

The pressure that is later moved on to CAMHS, to the NHS, to social care - when neurodivergent people have poor mental health - could be reduced so much with early recognition of signs, leading to earlier assessment and with real
support and understanding within the school system.

These young people are at risk of coming out of the school system completely traumatised and then other services try to pick up the pieces for years.

Its a legal document that sets out what a childs special educational needs are and then what supports them and where that support takes place. Its not all about a 1:1 but often the support needs someone to do it. Support could be anything from moving from a wheelchair to a walking frame to sensory breaks, to a scribe, to lessons on how to use a cane for blind students to different work set. The areas of need are cognition and learning, sensory and physical, communication and interaction and social emotional and mental health.

An education, health and care plan is a legal document that sets out a child or young person’s needs, the provision (educational, health and social care) (which may or may not include 1:1) they require to meet those needs and corresponding outcomes to go with the needs and provision. It also includes the child’s educational placement, details of any direct payments if applicable and any reports/evidence/assessments.

@bellswithwhistles ehcp stands for education health (and social) care plan. It's a legal document which should detail all of the needs that a child has with provision to meet those needs. The special educational needs provision part is enforceable by means of judicial review in the child's name but for this the provision has to be written in a way where there is no doubt as to what must be provided (detailed, specified and quantified). The health and social care provision sections are harder to enforce. The LA is ultimately responsible for making the sen provision so if it isn't provided they are acting unlawfully.

The assessment of needs ehcpna is a statutory assessment and is subject to lawful timeframes.

Provision in section f comes from evidence such as professional reports, school reports, witness statements, emails. If a professional says that a child needs 121 at all times while in class to meet his needs the LA have to detail why they are diverting from this if they don't include it in the plan. Cost is somewhat irrelevant at this stage as in an ideal world the plan is written before a school placement is agreed. However, if a setting is wanted by either parents or LA it's beneficial for it to be written with that in mind somewhat. Cost does come into things later if setting (section I) is being disputed.

Ehcp's allow parents the option of having personal budgets to, so that they can commission their own provision.

In terms of therapies things like speech therapy and occupational therapy are classed as educational need and therefore enforceable. Many times the provision in a plan will come from an independent therapist and will be more derailed and competent than what the nhs supply as they aren't commissioned by the LA. (The LA pay for some nhs services as its cheaper) the nhs services don't have capacity so ultimately not all children get all the treatment they need. Having these in section f mean that they cannot just be discharged.

Equipment can be included too, seating, ipads, pens, computers, sensory equipment, trampolines, horse riding, swimming, wheelchairs, anything the child needs to be educated.

Having ta provision in section f means that the training of the TA and what they must be doing and when can be enforced if not provided. Ie if the ta should be supporting the child with the ehcp and are then used for general support or something else the parents have recorse.

Ehcp assessments can lead to specialist provision. It is helpful to have a well written ehcp if parents are seeking a non maintained (charity) or independent school as these Cost a hell of alot more than an la special school.

A well written ehcp with proper assessments means the child has a better chance of getting their needs met and ultimately getting an education like any other child.

The la is responsible for ensuring and providing section f not the school.

The other main thing is an ehcp can last until 25 years old (not applicable for university). So for many young people who will not go into work or university it allows them to stay in education until 25 rather than adult services alternatives and means if they require it they keep therapies too if detailed in section f.