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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:
Djthhtk9494 · 06/07/2024 10:37

bigTillyMint · 06/07/2024 10:32

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.

Yes we didn’t need a layer for our child’s EHCP or a tribunal. Really shit to read the tactics some parents are going to go to, stamping on children in need in order to get the schools they want for their children.

I hope local authorities start to prioritise those in the state sector , most in need and without huge sums of money to buy EHCPs.

BrumToTheRescue · 06/07/2024 10:37

Transport doesn’t have to be included in an EHCP for a child to be eligible. Transport is covered by separate legislation.

Djthhtk9494 · 06/07/2024 10:39

Ohthatsjustalotofeffort · 06/07/2024 10:34

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.

Edited

You listed what his private school provision as regards his SEN is. Most state schools provide that with bells on with no need for an EHCP. One worries about SEN provision in your academy if you don’t know this to be the case.

Morph22010 · 06/07/2024 10:40

Djthhtk9494 · 06/07/2024 10:30

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.

We were turned down for ehcp assessment, my autistic son wasn’t managing in his large mainstream, and not managing consisted of throwing chairs, trying to escape and climb the fence, having screaming meltdowns. The la said his needs could be met in mainstream without an ehcp even with evidence of this going on, so personally I don’t think the local authorities are well qualified to spot

Cangar · 06/07/2024 10:42

Are there high numbers of SEN children in private schools? My only experience is the opposite where my friend’s daughter has been booted out of her private school as the nature of her needs means she’s likely to not do well in exams.

Morph22010 · 06/07/2024 10:43

FuzzyStripes · 06/07/2024 10:31

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

Edited

But it’s the vat that has tipped it, if vat wasn’t being added then the parent would have just kept on sending their child to the school without an ehcp. Although in op case it seems to be more a case of the school most probably closing down

Morph22010 · 06/07/2024 10:44

Cangar · 06/07/2024 10:42

Are there high numbers of SEN children in private schools? My only experience is the opposite where my friend’s daughter has been booted out of her private school as the nature of her needs means she’s likely to not do well in exams.

depends on the type of school, not in the traditional academic type but there are a number of more nurturing small schools that tend to have a high level of Sen

Ohthatsjustalotofeffort · 06/07/2024 10:44

Morph22010 · 06/07/2024 10:40

We were turned down for ehcp assessment, my autistic son wasn’t managing in his large mainstream, and not managing consisted of throwing chairs, trying to escape and climb the fence, having screaming meltdowns. The la said his needs could be met in mainstream without an ehcp even with evidence of this going on, so personally I don’t think the local authorities are well qualified to spot

Sorry to hear this - this is exactly what an EHCP is needed for. In my classroom , when I’m teaching, there’s myself and a TA (who is 75% contact time) for 32 children. Given we would make sure if we have a child who should qualify for an EHCP and hasn’t, we would do our best to have more TA time but our budget doesn’t allow. I hope you went to appeal on this.

OP posts:
elliejjtiny · 06/07/2024 10:44

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. I have 5 dc with SEN, 1 has an ehcp and 1 is being assessed. Both of them would have been in special school in the 1990's. Dc4 has moderate learning disabilities and dc5 has autism with a 7 year delay in his emotional development.

Spendonsend · 06/07/2024 10:45

I dont think arguing whether or not ops child would qualify for an ehcp is helpful. It's perfectly OK for her to apply for one and if the LA or tribunal agree her child needs one she will get one, regardless of whether she has previously paid for support herself.
It's a horrid process. Some people are better equipped to cope with the process than others. That's no ops childs fault.

Ohthatsjustalotofeffort · 06/07/2024 10:46

Djthhtk9494 · 06/07/2024 10:39

You listed what his private school provision as regards his SEN is. Most state schools provide that with bells on with no need for an EHCP. One worries about SEN provision in your academy if you don’t know this to be the case.

I don’t really know how to respond to you anymore- you seem argumentative so I’ll just move on from our discussion

OP posts:
Notgoodatpoetrybutgreatatlit · 06/07/2024 10:47

The issue we are facing in my area is that no matter what mainstream state secondary schools do, with the best will in the world, they just can not meet the requirements on the ehcps. They don't have the funding from the LA, but also some students even with all reasonable adjustments, just find mainstream secondary not suitable. I really hope that the new government is able to see this problem, without being able to recognise and accept this thousands of children will continue to have their needs unmet. It is so sad and so cruel.
And to answer that question that so many people have asked. There are more children with SEND than ever before and the severity of how they are impacted has increased. There are lots of suggested reasons for this including genetic factors and widening diagnosis tools for example for ASD. In the area of mental health the negative influence of social media is raised frequently.
On the plus side I have seen some students with EHCPs thrive in mainstream and I think their presence really helps non SEND students understand the issues far better than many adults!

Djthhtk9494 · 06/07/2024 10:47

Ohthatsjustalotofeffort · 06/07/2024 10:46

I don’t really know how to respond to you anymore- you seem argumentative so I’ll just move on from our discussion

Your choice but I think it’s clear what your rallying to arms thread is all about.

Morph22010 · 06/07/2024 10:47

Djthhtk9494 · 06/07/2024 10:39

You listed what his private school provision as regards his SEN is. Most state schools provide that with bells on with no need for an EHCP. One worries about SEN provision in your academy if you don’t know this to be the case.

Depends on the school. We had a horrendous time when my autistic so was in mainstream both before and after he had an ehcp. A lot of schools just want to force Sen children out

Morph22010 · 06/07/2024 10:54

Ohthatsjustalotofeffort · 06/07/2024 10:44

Sorry to hear this - this is exactly what an EHCP is needed for. In my classroom , when I’m teaching, there’s myself and a TA (who is 75% contact time) for 32 children. Given we would make sure if we have a child who should qualify for an EHCP and hasn’t, we would do our best to have more TA time but our budget doesn’t allow. I hope you went to appeal on this.

Edited

Yes I went to appeal it was back in 2016 so a long time ago now. We got the ehcp eventually with a full time 1-1 in mainstream, unfortunately the school didn’t provide this all the time and things still went downhill and he ended up moving to specialist in 2019 and is doing well now in a class of 4 children with a teacher and ta as couldn’t manage in the bigger 8 children class. I do wonder though if we’d have got the ehcp or even support without an ehcp when we first asked if he’d still be in mainstream, maybe have become independent and able to manage and not need an ehcp anymore, maybe he would have ended up in specialist anyway but we’ll never know

BrumToTheRescue · 06/07/2024 10:54

Djthhtk9494 · 06/07/2024 10:39

You listed what his private school provision as regards his SEN is. Most state schools provide that with bells on with no need for an EHCP. One worries about SEN provision in your academy if you don’t know this to be the case.

Except most state MS can’t provide small class sizes. Many also can’t provide any (or very little) TA support unless detailed, specified and quantified in F of an EHCP - that is unless they unlawfully use another child’s detailed, specified and quantified 1:1 to support other DC as happens too often.

Ohthatsjustalotofeffort · 06/07/2024 10:54

Djthhtk9494 · 06/07/2024 10:47

Your choice but I think it’s clear what your rallying to arms thread is all about.

Oh I understand now sorry- you mean it’s one of those threads about state vs independent schools- is that what you mean?

I went to state school, I’m a head teacher at a state school. I voted labour and fully aware of the VAT increase. So no - my post is about EHCP and moving children from independent to state schools and how there wasn’t a need to get the plan before but now it’s needed due to inability to afford the schools fees.

Ive also sat on many appeal panels and completed EHCP applications and understand the thresholds and requirements and the resources that schools need to put these in place for children. I am a huge advocate that our state schools need more funding to be better able to support children with SENDCO needs. So no this is not a rallying post - which I think was always evident with my original comments , it’s a grown up conversation to ask other parents what they are doing if it’s relevant to them and their children.

OP posts:
LittleCoffeePot · 06/07/2024 10:57

Let me get this straight. You're a headteacher, you send your child with SEN (age and SEN severity unknown) to a private school without an EHCP, you're concerned that ending VAT relief to private schools will cause your child's school to close so you've paid a lawyer to apply for an EHCP on your behalf to ensure your child gets the state school you want?

I don't know how you think your post reads but it's not a good look to admit to using significant resources to queue jump over the vulnerable disabled children. And I say that as the mother of a disabled child having been through the EHCP process succesfully.

BrumToTheRescue · 06/07/2024 10:57

Notgoodatpoetrybutgreatatlit · 06/07/2024 10:47

The issue we are facing in my area is that no matter what mainstream state secondary schools do, with the best will in the world, they just can not meet the requirements on the ehcps. They don't have the funding from the LA, but also some students even with all reasonable adjustments, just find mainstream secondary not suitable. I really hope that the new government is able to see this problem, without being able to recognise and accept this thousands of children will continue to have their needs unmet. It is so sad and so cruel.
And to answer that question that so many people have asked. There are more children with SEND than ever before and the severity of how they are impacted has increased. There are lots of suggested reasons for this including genetic factors and widening diagnosis tools for example for ASD. In the area of mental health the negative influence of social media is raised frequently.
On the plus side I have seen some students with EHCPs thrive in mainstream and I think their presence really helps non SEND students understand the issues far better than many adults!

It may take an appeal to get a well written EHCP, but once it is detailed, specified and quantified, it can be enforced. Lack of funding, staffing, resources are not lawful excuses for LAs breaching section 42 of the Children and Families Act 2014. EHCPs can be fully funded, but LAs won’t do that unless forced.

Djthhtk9494 · 06/07/2024 11:02

Ohthatsjustalotofeffort · 06/07/2024 10:54

Oh I understand now sorry- you mean it’s one of those threads about state vs independent schools- is that what you mean?

I went to state school, I’m a head teacher at a state school. I voted labour and fully aware of the VAT increase. So no - my post is about EHCP and moving children from independent to state schools and how there wasn’t a need to get the plan before but now it’s needed due to inability to afford the schools fees.

Ive also sat on many appeal panels and completed EHCP applications and understand the thresholds and requirements and the resources that schools need to put these in place for children. I am a huge advocate that our state schools need more funding to be better able to support children with SENDCO needs. So no this is not a rallying post - which I think was always evident with my original comments , it’s a grown up conversation to ask other parents what they are doing if it’s relevant to them and their children.

It’s an irresponsible and inflammatory thread that is inferring all privately educated kids with SEN will, need, qualify and get an EHCP in the state sector.

Djthhtk9494 · 06/07/2024 11:02

LittleCoffeePot · 06/07/2024 10:57

Let me get this straight. You're a headteacher, you send your child with SEN (age and SEN severity unknown) to a private school without an EHCP, you're concerned that ending VAT relief to private schools will cause your child's school to close so you've paid a lawyer to apply for an EHCP on your behalf to ensure your child gets the state school you want?

I don't know how you think your post reads but it's not a good look to admit to using significant resources to queue jump over the vulnerable disabled children. And I say that as the mother of a disabled child having been through the EHCP process succesfully.

This!

Morph22010 · 06/07/2024 11:02

BrumToTheRescue · 06/07/2024 10:57

It may take an appeal to get a well written EHCP, but once it is detailed, specified and quantified, it can be enforced. Lack of funding, staffing, resources are not lawful excuses for LAs breaching section 42 of the Children and Families Act 2014. EHCPs can be fully funded, but LAs won’t do that unless forced.

The trouble is though often you don’t know if the ehcp is being followed or not. My son had a full time 1-1 32.5 hours specified in his. I suspected this wasn’t always provided, school said it was, child not articulate enough to confirm one way or other. One time I turned up slightly early and child was having a huge meltdown throwing stuff round the cloakroom, his 1-1 looked really stressed. They couldn’t do their end of day routine as the 1-1 has been left insole charge of two classes ie 60 children so he couldn’t leave them all and go off with ds to do their usual routine. I caught this time red handed and made a complaint, the school said it was a one off but other times when ds had meltdowns and threw things he’d be blamed and excluded, the school never took responsibility and said his ehcp wasn’t being followed

Notgoodatpoetrybutgreatatlit · 06/07/2024 11:04

I'm afraid that is besides the point here. The law can not address the reality that some children that we see placed into mainstream just can not thrive. No matter what resources or adjustments are made. These children need different provision, which simply does not exist in my area, and from what I read not in other areas either.
The more time and energy and money spent trying to force them into a setting that does not meet their needs means less time focused on other options that might. However everyone is entitled to their opinion and I don't wish to cause a row.

BrumToTheRescue · 06/07/2024 11:09

Morph22010 · 06/07/2024 11:02

The trouble is though often you don’t know if the ehcp is being followed or not. My son had a full time 1-1 32.5 hours specified in his. I suspected this wasn’t always provided, school said it was, child not articulate enough to confirm one way or other. One time I turned up slightly early and child was having a huge meltdown throwing stuff round the cloakroom, his 1-1 looked really stressed. They couldn’t do their end of day routine as the 1-1 has been left insole charge of two classes ie 60 children so he couldn’t leave them all and go off with ds to do their usual routine. I caught this time red handed and made a complaint, the school said it was a one off but other times when ds had meltdowns and threw things he’d be blamed and excluded, the school never took responsibility and said his ehcp wasn’t being followed

Some may not know, but many do. Hence why so many take steps to enforce their child’s EHCP.

bigTillyMint · 06/07/2024 11:11

LittleCoffeePot · 06/07/2024 10:57

Let me get this straight. You're a headteacher, you send your child with SEN (age and SEN severity unknown) to a private school without an EHCP, you're concerned that ending VAT relief to private schools will cause your child's school to close so you've paid a lawyer to apply for an EHCP on your behalf to ensure your child gets the state school you want?

I don't know how you think your post reads but it's not a good look to admit to using significant resources to queue jump over the vulnerable disabled children. And I say that as the mother of a disabled child having been through the EHCP process succesfully.

This