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Share your dilemmas and get honest opinions from other Mumsnetters.

EHCP and the race to state

140 replies

Ohthatsjustalotofeffort · 06/07/2024 09:30

For parents with children in independent schools….

Those children with SEN needs who do not have an EHCP as the independent school can meet their needs….. are you now applying for an EHCP in preparation to move to state school?

We have just started the process as our children will now be moving to state so will need an EHCP. As a state school teacher myself I know my child needs it and will be successful.

We are using a third party to apply for the EHCP who told me they have had I’m unprecedented demand in anticipation of the move to state schools and making sure they have the document they need.

I am aware our child who would qualify for an EHCP wouldn’t need to pay the VAT but we have 2 others without SEN and we can’t afford the fees with the increase so are on the waiting lists now to move.

OP posts:
FuzzyStripes · 06/07/2024 09:35

Even if your child does qualify for an EHCP, you must be aware of the timescales involved and likelihood of having to go to tribunal regardless as well as the additional costs often incurred for private reports.

One of my children has an EHCP and another one really could do with one in the future. I can think of plenty of children who should have far better provisions as part of their EHCP but that wasn’t granted, and plenty who didn’t get one at all.

We plan to stay at our EHCP named independent school but who knows whether it will also be forced to close before too long. Three local independent schools have already closed recently.

Ohthatsjustalotofeffort · 06/07/2024 09:36

Also to add before it becomes an attacking thread! passionate state school teacher- and advocate who sits on panels pushing for better state school systems.

Our children are only in independent schools because we need the wrap around and holiday cover so me and my husband can work the hours we do.

OP posts:
PinkFrogss · 06/07/2024 09:37

Why not keep them in private school and move the other two to state then? Plenty of families have a state/private split and in your case it sounds perfectly justified and affordable.

Morph22010 · 06/07/2024 09:37

Our la are already taking in excess of 52 weeks to asses which is way above the 20 week legal timescale, and that’s not including time if you have to appeal refusal to assesss, refusal to issue and/or ehcp contents so potentially 3 appeals for the same ehcp, wait for appeal is currently around 10 months

NeverDropYourMooncup · 06/07/2024 09:40

Seems like you're in the wrong job. There's clearly a market of well funded people prepared to pay for assistance in getting their children EHCPs and you'd have the experience and qualifications with which to be good at it.

Then you wouldn't need the wraparound care.

Spendonsend · 06/07/2024 09:41

The ehcp process is rather stressful so I wish anyone applying much luck. Getting needs identified and the support specified and quantified is challenging.

FuzzyStripes · 06/07/2024 09:42

NeverDropYourMooncup · 06/07/2024 09:40

Seems like you're in the wrong job. There's clearly a market of well funded people prepared to pay for assistance in getting their children EHCPs and you'd have the experience and qualifications with which to be good at it.

Then you wouldn't need the wraparound care.

It’s usually lawyers who are the ones who get paid for the assistance and to represent at a tribunal.

kirbykirby · 06/07/2024 09:42

Sorry you are having to deal with this OP. What a shit show!

Rainbowsponge · 06/07/2024 09:44

kirbykirby · 06/07/2024 09:42

Sorry you are having to deal with this OP. What a shit show!

It’s a shit show because the demand for EHCPs and SEN support has risen so dramatically, it’s almost impossible for the authorities to deal with them. We spend £10 billion on SEN per year and it seemingly still isn’t enough. I don’t know what the answer is, but I would be interested to know why the need has risen so steeply in the last few years alone.

MulberryBushRoundabout · 06/07/2024 09:44

Morph22010 · 06/07/2024 09:37

Our la are already taking in excess of 52 weeks to asses which is way above the 20 week legal timescale, and that’s not including time if you have to appeal refusal to assesss, refusal to issue and/or ehcp contents so potentially 3 appeals for the same ehcp, wait for appeal is currently around 10 months

Ours too. And seem to have a policy of refusing almost all applications, forcing them to appeal.

Good luck OP, it’s a difficult system! I know several people who have sent their kids private because they couldn’t get the support through the state EHCP process.

Ohthatsjustalotofeffort · 06/07/2024 09:50

Rainbowsponge · 06/07/2024 09:44

It’s a shit show because the demand for EHCPs and SEN support has risen so dramatically, it’s almost impossible for the authorities to deal with them. We spend £10 billion on SEN per year and it seemingly still isn’t enough. I don’t know what the answer is, but I would be interested to know why the need has risen so steeply in the last few years alone.

Possible better screening of SEND needs coupled with a lack of resources in state schools to meet the demand of those diagnosed with them . I think this has been why there’s such an influx of SEN children in independent schools. Especially after seeing the threads / news/ stories of parents saying they put their children in these schools due to their child’s needs and lack of support in state schools.

As a state school teacher I really hope labour do turn schools around and am fully onboard with their passion to do so. Only concern I have is where are the teachers coming from magically and they will need training on SEND needs etc and this will take years and not happen over night- but the notion is good

OP posts:
Ohthatsjustalotofeffort · 06/07/2024 09:53

MulberryBushRoundabout · 06/07/2024 09:44

Ours too. And seem to have a policy of refusing almost all applications, forcing them to appeal.

Good luck OP, it’s a difficult system! I know several people who have sent their kids private because they couldn’t get the support through the state EHCP process.

Thank you- I have to be honest and say that’s why we’re getting a third party to put our child’s application together. It’s not something we ever wanted to really do as I know the fight ahead we have got. I’ve seen children who without doubt need an EHCP and it’s been refused . However to parents out there- good to know- your local authority may reject it due to their non legal thresholds they put in place- however the threshold legally is much lower , hence why when the case goes to appeal they go through.

OP posts:
Ohthatsjustalotofeffort · 06/07/2024 09:56

PinkFrogss · 06/07/2024 09:37

Why not keep them in private school and move the other two to state then? Plenty of families have a state/private split and in your case it sounds perfectly justified and affordable.

I would if we could- but I would have to do 2 school runs and then my own school run to take me to school 🤣 and same on the way back. I think I’d slowly have a meltdown - well not slowly very rapidly with a bang! DH works away so I’m the parents doing the school runs each day. Also I’m not sure where the state school will be where the children will get into , and how far from us so need to factor this in as the ones around us are full when we applied.

OP posts:
Spendonsend · 06/07/2024 09:56

Rainbowsponge · 06/07/2024 09:44

It’s a shit show because the demand for EHCPs and SEN support has risen so dramatically, it’s almost impossible for the authorities to deal with them. We spend £10 billion on SEN per year and it seemingly still isn’t enough. I don’t know what the answer is, but I would be interested to know why the need has risen so steeply in the last few years alone.

There are lots of issues. But one is, as the mainstream offer worsens, more people are pushed into the sen category. Which literally means support over and above the normally available offer. So less experienced teachers, a curriculum that is over heavy, fewer TA etc mean childfen who were managing, now aren't. When I look at the standard offer of my school 10 years ago to now it's really reduced.

There's plenty of other issues too.

Rainbowsponge · 06/07/2024 09:57

Ohthatsjustalotofeffort · 06/07/2024 09:50

Possible better screening of SEND needs coupled with a lack of resources in state schools to meet the demand of those diagnosed with them . I think this has been why there’s such an influx of SEN children in independent schools. Especially after seeing the threads / news/ stories of parents saying they put their children in these schools due to their child’s needs and lack of support in state schools.

As a state school teacher I really hope labour do turn schools around and am fully onboard with their passion to do so. Only concern I have is where are the teachers coming from magically and they will need training on SEND needs etc and this will take years and not happen over night- but the notion is good

Correct me if I’m wrong but I was under the impression EHCPs were for kids with the highest needs, not the sort of thing that would’ve slipped under the radar years ago?

Morph22010 · 06/07/2024 09:57

Rainbowsponge · 06/07/2024 09:44

It’s a shit show because the demand for EHCPs and SEN support has risen so dramatically, it’s almost impossible for the authorities to deal with them. We spend £10 billion on SEN per year and it seemingly still isn’t enough. I don’t know what the answer is, but I would be interested to know why the need has risen so steeply in the last few years alone.

In my opinion there are several reasons which have all contributed. Lack of early intervention and cutting of early years services like surestart mean that children thst would have potentially been picked up and supported earlier on are left to have their needs escalate so they get to a point where they need an ehcp/ specialist school for the remainder of school life whereas potentially they would have been ok in mainstream with low level support given early. Schools have become more one size fits all exam factories and come down hard on children who don’t fit in. Overall school funding meaning that support isn’t given unless a child has an ehcp.

the powers thst be will have you believe it’s becuase parents think it’s a golden ticket and due for this their answer is to try and cut ehcps by refusing to assess and issue less ehcps, forcing more children often with very obvious and severe needs into mainstream. This then causes the situation to escalate further which increases ehcps and spending

Morph22010 · 06/07/2024 09:59

Rainbowsponge · 06/07/2024 09:57

Correct me if I’m wrong but I was under the impression EHCPs were for kids with the highest needs, not the sort of thing that would’ve slipped under the radar years ago?

the thing is though kids needs don’t remain constant, so a child with a fairly low level of needs not supported can end up escalating into a child with high needs.

FuzzyStripes · 06/07/2024 10:01

Ohthatsjustalotofeffort · 06/07/2024 09:56

I would if we could- but I would have to do 2 school runs and then my own school run to take me to school 🤣 and same on the way back. I think I’d slowly have a meltdown - well not slowly very rapidly with a bang! DH works away so I’m the parents doing the school runs each day. Also I’m not sure where the state school will be where the children will get into , and how far from us so need to factor this in as the ones around us are full when we applied.

But usually (always at schools I have known) the private school days are longer, so you should easily be able to do the normal drop off and pick up for one, with the state school being part of the journey but easy to fit in due to the different in times. Perhaps apply for state schools closer to the independent school because surely your EHCP argument should be for the fees to be funded by the LA and continuation at the school?

Morph22010 · 06/07/2024 10:03

Ohthatsjustalotofeffort · 06/07/2024 09:53

Thank you- I have to be honest and say that’s why we’re getting a third party to put our child’s application together. It’s not something we ever wanted to really do as I know the fight ahead we have got. I’ve seen children who without doubt need an EHCP and it’s been refused . However to parents out there- good to know- your local authority may reject it due to their non legal thresholds they put in place- however the threshold legally is much lower , hence why when the case goes to appeal they go through.

I’m not sure the quality of fhe application actually makes any difference, I don’t think our la look at it and think this is a case we would defiantly lose at tribunal let’s assess now and issue. It’s all game playing and delay tactics, so refusing to assess buys them an extra 10 months of savings while you go to tribunal to get the inevitable yes

FuzzyStripes · 06/07/2024 10:03

Rainbowsponge · 06/07/2024 09:57

Correct me if I’m wrong but I was under the impression EHCPs were for kids with the highest needs, not the sort of thing that would’ve slipped under the radar years ago?

Plenty of children have high enough needs to warrant an EHCP and there will be many at any state school who have one that most would never have suspected they would need one from meeting them.

PacmanIsLost · 06/07/2024 10:05

@Rainbowsponge My son has an EHCP for his severe anxiety and it was a huge battle to get it. It took almost a year and what swayed it I think was the amazing report/letter/evidence from his private psychiatrist.
He doesn’t have the highest of needs if you compare him to other students but it meant with the funding it brings the school could put the money towards employing TAs who have been crucial to his return to school
after 3 yrs away.

But I wouldn’t have applied for one had I not had the support from external sources. It’s worth doing it, we got refused the first time, I went though the appeal process with help and I’m so glad I did it.

Ohthatsjustalotofeffort · 06/07/2024 10:06

Rainbowsponge · 06/07/2024 09:57

Correct me if I’m wrong but I was under the impression EHCPs were for kids with the highest needs, not the sort of thing that would’ve slipped under the radar years ago?

Yes they are for the children with the highest needs who’s needs can’t be met by the resources the school currently have , but once out in place can allow the child to remain in a main stream school (potentially).

My child’s needs have absolutely not gone under the radar and if he was in a state school would already have the EHCP in place. He has had a physiological assessment with diagnosis, IEP , half termly meetings with the SENDCO, full plan in place with a extra member of staff to support him (this is where his currently school has the funding to do so without needed an EHCP).

OP posts:
FuzzyStripes · 06/07/2024 10:06

Morph22010 · 06/07/2024 10:03

I’m not sure the quality of fhe application actually makes any difference, I don’t think our la look at it and think this is a case we would defiantly lose at tribunal let’s assess now and issue. It’s all game playing and delay tactics, so refusing to assess buys them an extra 10 months of savings while you go to tribunal to get the inevitable yes

I don’t think it necessarily makes a difference in one being granted but it makes a huge difference with regards to what is in the plan and what becomes accepted.

The LA wants to be able to prove that any school can meet needs and you need to write the EHCP and provide evidence to preempt their arguments and future justification. There are plenty of parents who are either not articulate enough, do not have the time or who are too overwhelmed with everything (as they will also be the carer at home) to be able to do this to a suitable standard.

DeerOhDear · 06/07/2024 10:07

@Rainbowsponge

The other issue is getting a ehcp is an expensive and stressful experience.
But once a child has one that doesn't mean the teachers understand what is needed to support that child.
Eg teachers I've come across think dyslexia is all about giving colour paper and over lays.

ItsTheGAGGGGGGGG · 06/07/2024 10:07

Rainbowsponge · 06/07/2024 09:44

It’s a shit show because the demand for EHCPs and SEN support has risen so dramatically, it’s almost impossible for the authorities to deal with them. We spend £10 billion on SEN per year and it seemingly still isn’t enough. I don’t know what the answer is, but I would be interested to know why the need has risen so steeply in the last few years alone.

Who is ‘we?’ Does this money come out of your personal bank account?