EHCP and the race to state

[Ohthatsjustalotofeffort]

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.

We as in the taxpayer I’m assuming?

Yes, we’re now applying for ehcp for both kids. We can afford the increase in fees but it’s likely our preferred school will close, it’s very small and most of the families are there because of SEN and can’t pay an extra 20 percent. So we need to spend thousands on getting ehcps. The education lawyer we’re using said he’s had to hire a couple of extra assistants as the demand right now is so huge.

Spending thousands isn’t going to get you an EHCP. The vast majority of children with SEN manage in schools without an EHCP.

@EthanofAthos sorry to hear this.

Unfortunately , due to the media coverage,
theres a perception that private schools are like Eton and Harrow. Most of the time they are small schools that take in a higher percentage of SEN children or those whose parents work difficult hours and are able to provide the childcare for.

It’s very sad to think they will be closing (I expect ours to as well as 8/20 have given notice in my eldest class, unsure about my other twos yet as yet to release their numbers, and those leaving have put their name down to state schools…. It was a tough day yesterday for everyone being the last day of term and knowing everything was changing!). Labour have downplayed the impact of their VAT increase, they expected the move from private to state to be small. I listened to Rachel Reeves on LBC talking to Nick Ferrari, she couldn’t even give a percentage they are working towards. I’ve sat with out LA in my school capacity in the past few weeks, looking at applications and how they will manage the influx of numbers in specific areas where demand is high.

It probably will. C£25k will get you an experienced solicitor here who has never failed to get a child into the parental preference school on an EHCP - obviously they won’t take on a claim if they don’t feel it can be won.

Sadly, the vast majority do not manage. Have you seen the increasing number that are home schooled or that around a quarter of secondary pupils are off long term. Even with an EHCP there are a lot of children who struggle with school, especially with mainstream state secondary schools.

Most state schools can and do manage all that workout an EHCP. Most EHCPs don’t provide an extra member of staff. You’re deluded if you think an EHCP( should you qualify) will get you that.

EHCPs are reviewed by the SEnCO every year and you can’t dictate what is written.

I hope local authorities get wise to this and prioritise the highest need and less well off.

It is good that you are confident that your DC would qualify for an EHCP but this is not the same as the LA agreeing to assess, granting an EHCP and this being adequately specified and quantified to meet need. Refusals are a common delaying tactic and tribunal may well be needed at some stage. I assume that you chose to place your DC in independent as siblings were already in the private sector and you wanted to avoid the stress and delay. Did your DC start in state and then transfer to independent due to failure to progress?

There are already DC with an EHCP placed in mainstream and specialist independent school funded by the LA where state can't meet need. There are also DC with an EHCP that attend mainstream independent school because parents choose to pay fees because the LA believe state can meet need. DC that need a high level of support tend to need an EHCP regardless of state or private.

It will be useful to focus on the support that your DC receives now in a mainstream independent without an EHCP for which you believe they will need an EHCP in a mainstream state school. For example do small classes mean they can function without 1:1 TA. In the abstract this will be difficult to argue as there will be no evidence that your DC is unable to function without 1:1 and from experience you will need to go to tribunal to specify hours rather than just access to a shared TA when required. I would recommend you commission reports by EP, SALT, OT etc. These would need to evidence statistically significant (bottom 2%) issues to have an impact.

Do you intend to move your DC to state before any EHCP is in place to collect evidence of failure to make progress?

The danger is that the LA will claim that there is no evidence and that needs do not exceed those the school can meet from their notional SEN budget ie they are not in excess of 6K per year.

I said his current school have an extra member of staff in the room to support his needs. I never said this was what would be requested in his EHCP? So no I’m not deluded but thanks for your ill formed response that shows you haven’t read what I put.

Im a headteacher in a state, academy school I know exactly how it works and what resources schools have and yes perfectly aware that EHCP are reviewed by the SENCO.

If they could manage in mainstream without an ehcp the parents with children at the type of private school we are talking about would have most probably kept them in state anyway

The LA actually usually just fail to turn up and nationally 96% of Sen appeals are won by parents/carers at tribunal.

It’s not the the highest need and less well off that should be prioritised; it’s that all children should be given the right support. Councils have recently been accused of wasting £60m of public money to prevent children from getting this.

Depending on the age of the child spending £25k on a solicitor it may just be cheaper and easier in the long run to pay the vat

They wouldn’t. Snobbery plays a huge part in private education and what some parents think “managing” looks like as opposed to reality local authorities will be well qualified to spot.

Are all three guaranteed to get into the same state school? If not then regardless of whether you move your DC with SEN from private school you may still end up with two different school runs.

This 100 % 🙌 I don’t think many people want to pay for education when they can get it for free. I certainly don’t but due to other factors including SEN and wrap around have a need to. I think those putting their children independent schools for prestige or Hyacinth Bouquet reasons are few and far between!

It’s not just the VAT though as the EHCP covers the school fees and the transport.

I hugely disagree with you.

Interesting that some families are paying lawyers to get the EHCPs.

My job is with children who all need (and get) an EHCP and many/most will go into specialist provisions. However a lawyer would be completely out of the question, infact not even remotely on the radar.

Well then you’ll know that an EHCP isn’t needed for what you have listed you currently have. I’m not entirely sure of the point re this thread .I strongly suspect it’s yet another attempt at vat on fees scaremongering.

Only if stipulated in the plan and there’s a need. It’s not a given and the percentage of children with this term in their plans are very low comparatively

I haven’t told you my son’s needs or gone in to details- that’s private and confidential.

And as my post stated in the first paragraph it was for parents of children in independent schools I wrote this to, to discuss what they are doing for their children who should have EHCPs and have not needed to.

This

EHCPs are reviewed by the SEnCO every year and you can’t dictate what is written.

While schools, where a child or young person is on the roll of one, are involved in ARs, it is actually the LA who have ultimate responsibility and decide whether they propose to amend, maintain as is, or propose to cease to maintain.

Parents don’t dictate what is in EHCPs, but they can appeal to SENDIST where they disagree.

I suspect this varies around the country as certainly where I am, it’s the norm. Then again, it’s also the norm for legal support and an abundance of private assessments to support a claim.

local authorities will be well qualified to spot.

The success rate at SENDIST says otherwise.