to ask about the EHCP thresholds

[iwonderwhatisusedtobe]

Looking for some insight on what a child's needs are to meet threshold to get an EHCP. I've read quite a bit about children who have managed to achieve good A-levels etc while on an EHCP either at mainstream or special school which is fantastic - as it should be. And I know that ECHPs can be given to support emotional needs as well as academic.

My DS has ASD, is doing poorly academically and is under CAMHs for his anxiety levels/mental health difficulties and yet I've been told by the school that they don't think he needs an EHCP. To be fair to the school they have made various adjustments for him and access to some interventions. But DS has a lot of anxiety and is not performing well academically. At the current rate I would image he will get a couple of 4s at gcse and the rest well below this. He masks however, so his attendance is good and the the fall out is at home after school.

I know the school is the best judge as they have the best measure of what need merits an EHCP. But it would be good to hear from others who are are in a similar situation and how they have been supported, or those whose child has an EHCP and understand better the difference in need, or any teachers. I really don't want to cause any offence with this question as I do fully appreciate that many children's needs will be far greater than my sons.

In my experience schools are not best to judge parents are. School didn't want the extra work in my sons case.

I found some helpful groups on Facebook to find out about EHCPs.

The main thing i would say is parents can apply themselves you don't have to rely on school. In my experience schools don't have/give the time to apply properly. My sons school applied and it was turned down but I then applied myself and he got amoung other things a full time 1-2-1 in the EHCP

To add..

To have an EHCP needs assessment you just have to show 'may have SEN'. Then the LA assess and see if EHCP is needed. It's a very low threshold for assessment. You can appeal if they say no to assessment. As is likely they say no to most. Most appeals win because to get assessment it's a very low threshold

My DS has an EHCP And ime it's a total gamble and depends on if the people writing the reports know "how" to do it. ds attended a private SS for a year (which turned out to be not right for him) so before he transitioned to MS the school got their in house people to write the reports in a way the council couldn't argue with. I don't think generally schools know how to apply so it can't be argued with which is sad but true.

I'd echo the fact that schools aren't the best judge. Apply yourself.

Apply yourself.

For years I was told my dd wouldn't get an ehcp as the school felt they met her needs.

I applied myself and got one with no problems.

I just don't think they want the hassle etc

Google ‘ ipsea parental request’ and you will find info on how to apply yourself. While the legal threshold is low, your LA is likely to refuse. However, you could say that without a proper assessment, you are unable to fully understand your son’s barriers to learning. Therefore a statutory assessment is necessary. School are trying to help, however they are not clinical psychologists, OTs or other such professionals and they need to come in to help. It sounds like an EP would be helpful. If he is struggling in certain areas, is it because he has troubles with inference or some other language problems? Is the sensory environment a stressor? Are you able to evidence that he is able to academically perform well but something g is holding him back?

school should be able to bring in some some professional als, eg, SALT, autism outreach or EP who might be able to provide advice, though this can be so very hard to secure.

Have you asked the CAMHS practitioner as to their thoughts? The LA will ask for their input should you be successful at panel for your DS to be assessed.
We were in exactly the same position. DS’ school were extremely reluctant to support an RSA telling me that we wouldn’t be successful, he doesn’t present in school as he does at home blah blah blah. However, DS’ psychiatrist got involved and insisted that the process should be started and it was put in a letter following an appointment. We were successful and we are coming up to the second panel date in a couple of weeks where it’s expected that he’ll get the EHCP.
If he has a my support plan and he is still struggling then I would absolutely go for it. If school won’t support, get in touch with SENDIASS.
It is well known that LAs aren’t giving the go ahead nearly as much as they used to or should so you’ll need a strong case. Submit a timeline and all of your CAMHS letters as well as asking for a support letter from CAMHS.
Good luck.

Sadly many schools tell parents their DC doesn’t need or won’t get an EHCP but the parents go on to successfully apply themselves, although they may have to appeal.

The initial threshold you need to focus on is that for an EHCNA. It is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP (s.36(8) CAFA 2014). Anything else is unlawful.

The test for whether an EHCP is issued is in s.37(1) CAFA 2014 - “Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan”.

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

As with things of this nature, do it yourself and be prepared to advocate fight all the way. I wish you all the best. You are doing it for your ds so I know you won't give up.

The school has said DS is 'meeting expectations' as basically STATS etc are all very low and he is following that trajectory through secondary (though is doing much better in a couple of subjects that interest him). And of course it could just be that DS isn't that able - some children aren't and that is fine. How can I argue/prove that he could do better if he was better supported, less anxious - I'm sure it is the case but of course could just be a biased parent? Or at least argue it is important to explore why he isn't doing better - I feel he has been written off a bit tbh.

It's so confusing. My son has moderate learning difficulties and was awarded an ehcp in year 3. I had asked for one repeatedly since before reception and the school always said he didn't need one and all parents at that school who applied anyway after the school said the child didn't need one didn't get the ehcp. So we waited until the school said it was time. We got one with no problems and the ed psych said he should have had one years before.

Don't listen to school they are trying to save money 🤷‍♀️
Apply yourself there's lots of help on here (sen section) and don't let them fob you off.

It might work differently in different schools/LAs etc, but in my school, if we apply for an EHCP we need to have had EP input. Without that, it will be rejected. The issue is, we have very limited EP hours and, even if we want to but more EP time, there’s none available due to lack of EPs, LA or private.

Combined with that, we are seeing more and more significant needs in mainstream. Children who we are just not equipped to educate. These children have to take priority for the little EP time we have as they need 1:1 to ensure the safety of themselves and others.

If a child needs an EHCP, school wants them to have it. It’s just that we are fighting a losing battle against a SEND system that is failing our children.

It might work differently in different schools/LAs etc, but in my school, if we apply for an EHCP we need to have had EP input.

The legal thresholds are set in law and apply equally to all LAs however much some LAs think they don’t and they can have their own unlawful policies. The only lawful threshold for the initial EHCNA request is a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. Anything else, including requiring an EP assessment prior to the EHCNA request, is unlawful.

If a child needs an EHCP, school wants them to have it.

Unfortunately this isn’t always the case.

If a child needs an EHCP, school wants them to have it. It’s just that we are fighting a losing battle against a SEND system that is failing our children.

this just isn’t the case in all schools. Thank goodness for my DS’ psychiatrist who basically forced the school into making the application. Some SENCOs fail our children too.

I didn't know I could apply for an EHCP myself - I will investigate further. Is it still viewed as positively as if the school apply? DS never causes any trouble at school and I can't help but feel this is partly why he isn't a priority for the school.

What sort of extra help could DS get that is different to what the school offer? He has been in a social skills group this year - though think it is due to end soon. And has had a short stint on help with maths. No other help with other lessons.

While it isn't a legal requirement for EP involvement, some LAs are overwhelmed and make this their standard. It ties the hands of SENCos.
It would be thrown out under appeal but parents have a greater rate of success in appeal.
Some SENCOs/schools are under the impression that EHCPs are to be awarded for children who are academically below average. In fact, it's to support their needs in education which may also be health related like in your case - mental health support.
The issue is lack of time, funding and support.

You can definitely apply yourself although I would urge you to inform the school of your intentions and ask for the relevant information as it makes your case stronger.

It's also important to remember that an EHCP can cover a child up to the age of 25. He may need different kinds of help when he is no longer in the school system and although it can be hard to get help when your son is a child, when he is classed as an adult it can be nearly impossible.

I would also echo another poster and look at the IPSEA website for help.

Your son school its lazy IMO. Push them OP. I got 2 asd sons. Both brilliant, year 2 and nursery and both already got ehcp in place. My year 2 is very academically gifted. So very clever, only needs a little bit support on his social skill. My second DS still in nursery but very good and act like NT children, the only think he needs support is around eating. But their school are brilliant. Ehcp is long process, sometime school lazy to do it.

push the school to do ehcp. Its really worth it. Make everything easier for DS.

On their website IPSEA has a model letter you can use to request an EHCNA. The thresholds are the same whether you apply or the school.

OT, SALT and MH therapies are likely to help. Assistive technology and specialist software beyond what the school can offer at a school SEN Support level and pre-teaching might be beneficial too.

Does DS already have a time out card and movement breaks if necessary? Does he use noise cancelling headphones or ear defenders if necessary? Would moving lessons 5 mins early help?

but parents have a greater rate of success in appeal.

The school can’t appeal. Only parents, or the young person, can appeal.

@iwonderwhatisusedtobe

Application for EHCP is viewed the same but parental appeals are more successful. If you apply and have school info then you have a stronger case.

As for other support, you don't actually need an EHCP to have other support. The EHCP has a section for what needs to be provided legally and so many parents go down that route to force schools to do something.

Schools should be doing things anyway but things are very stretched and what each school offers is different.

Things which can be offered for ASC support:
Social skills support, All about Autism, Self regulation techniques, A safe space/strategies for if he's overwhelmed, extra time in exams, instructions broken down into smaller parts, accomodations for homework, use of appropriate technology to aid writing/recording of ideas (as those with ASC often have processing difficulties so find it hard to work at the same pace as others), counselling.

They are just a few off the top of my head. Really depends on school and what he's struggling with.

That’s a really good point about the model letter @FloatingBean
SENDIASS pointed me in the direction of it. I still used it as a template for a letter from me to support the application even though the school eventually agreed to apply.

Yep, school said 'fine in school, only needs quality first teaching', (even though he was so anxious he was attending 50% of time). They would not support an EHCP and tried to treat absence as truancy despite multiple diagnoses and substantial specialist health input.

Had to get an independent EP report, as School was not willing to seek one, to get to bottom of issues around school/learning. This revealed a really complex picture of high potential and significant need.

I applied for an EHC assessment, without school support, with the independent EP evidence, and the LA agreed to issue. Trying to get the right things in an EHC plan is another story....

Sadly, I don't think there is much interest in helping him meet his potential (and without getting the thorough EP report we'd have never known about his academic potential, because this was obscured by other unmet needs. One to think about @iwonderwhatisusedtobe?)

School/LA are now focusing on reducing his impact on their targets, and ignoring his express wishes about what he doesn't want, so it may prove to be something of a pyrrhic victory.

It is one never-ending battle. Not sure where the legendary @FloatingBean gets her stamina from...?

Schools do not want children to have EHCP. They are a hassle and a legal document the school has to comply with - the funding never matches the needs of the child and to be fair neither to the LA want to fund SEN or places. The cheapest option always wins unless you fight and that costs money, time and usually expertise.

Both of my children have an EHCP. I’m a teacher and have been for years.
In both cases I paid for private assessments and EP to get the ball rolling - a private EP has no reason to downplay a child’s SEN they aren’t funding it.

Despite a private SEN diagnosis I then had to use my local MP who I fortunately knew to put pressure on the local SEN service to come in and do a further assessment. By that point I was 18 months down the line of private SEN support that I could not afford as a single parent. Having got a further assessment - the school refused support for an EHCP as he was ‘fine’ and wouldn’t get it.

I applied anyway and 6 months later he was assessed by county EP - I knew him through my work by sheer chance and it was doing Covid so his assessment relied on what I had observed and he placed huge emphasis on the private reports. He got a full EHCP. However they say the local state school can provide - he doesn’t get much funding and I’ve now gone back to county and I’m proving his EHCP isn’t being met. Eg same targets in year 2 as year 4.

I’m now 3 years down the line but I believe the system boxes are being ticked and showing he is not having his needs met.
The LA are kicking up a fuss as he is ‘as expected’ but that doesn’t prove his needs are being met.
If you can pay for private assessments and start the ball rolling.

A few of the things DD's school provides for her (and others who need it) - one-to-one sessions on emotional literacy (ELSA), small group sessions supporting core subjects (reduced curriculum to fit them in), access to named staff at any time if feeling overwhelmed, lunches and breaks in the SEND block with SENCO & other staff around and available though not formally supervising, a 'quiet room' for studying when the main classroom is too overwhelming - staffed, quiet music in the background, lava lamps etc, the aim being to help the pupil calm down enough to continue with their class work outside of the classroom environment.

There are homework clubs after school every day except Friday run by the SEN team specifically for pupils with an EHCP/on the SEN register (there are some mainstream homework clubs for other pupils, but not daily). They can't help with subject-specific content but can help with study and revision skills. DD has difficulties in planning and they help her go through what homework is needed and the deadlines, and prioritise and organise herself.

If DD is having difficulties with a teacher they will work to resolve the issue - encourage DD to speak up if she doesn't understand, and intervene if the teacher is not following the support plan. All DD's teachers are 'briefed' on how to support her, and that sometimes takes a few weeks at the beginning of a new academic year (understandably), but always seems to be working well by about autumn half term.

When DD started she had a personalised timetable, a 'check in' twice a day with her assigned learning mentor (SEND TA). She gradually reduced the 'check ins' and increased the timetable. However, she has only ever been on a full timetable for a term - she then dropped a GCSE subject to get extra support in English and Maths.

Her school are amazing and proactive. They spent the first half-term she was there gathering evidence, and then applied for the EHCP. It took 6 months for the LA to sort everything out, but the support has been there from day 1 - I know we are incredibly lucky. If only DD's primary school had been so understanding, this school is having to undo the damage done by her earlier schooling.