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.

DD's school does put in TA support without it being in her EHCP. Generally once there are more than one or two pupils in the class needing additional support - the teachers are very competent and can manage if there are only one or two.

Obviously in conjunction with other provision, such as a room pupils can go to when they are feeling overwhelmed in the full class, so they can continue to study in a quieter and more supported atmosphere.

Etc etc

Independent assessments aren’t only for the wealthy. For those who have to appeal and need independent assessments, there are charities such as Parents in Need who can fund them if parents can’t afford them. For those who need to appeal and are eligible, legal aid can also fund them if they are necessary. It isn’t about buying an EHCP. It is about ensuring you have evidence written correctly when many LA reports aren’t. Many LA reports are not comprehensive. They are vague and woolly with missing needs/provision/outcomes. That's before you consider the times where evidence from professionals isn't sought by the LA during the EHCNA. For example, many LAs unlawfully refuse to seek evidence from, e.g. OT or SALT, where parents have requested them under regulation 6(1)(h) of the SEN Regs 2014.

I said many, not all. Many can’t.

Assuming Labour consult on VAT on private school fees it is also worth any parent of a child with special needs responding to describe the impact on them. It may be possible to come up with a better system than just going with exemption for children with EHCPs.

There's really no such thing as being referred for an EHCP. There is application to assess. The bar is set deliberately low. After 6 weeks this can be refused with right to appeal to tribunal. LA may concede before date.

The LA may agree to assess. This takes several months.

The LA might then conclude an EHCP is not needed. This can be appealed to tribunal. Once again the LA may concede before date but only just before.

The LA may agree to issue and then send out a draft to school and parents for comment. If there are comments/changes another draft is produced etc. There can be several drafts. Then it is finalised with parental preference of placement named. The final EHCP May be wholly and unenforceable because it is not specified and quantified but the content and/or placement can be appealed to tribunal.

So there are 3 times when appeal to tribunal may be needed.

Some LA's concede before the final tribunal date but by this point they have commissioned their own reports etc and try to fight it - they conceded on the day for DS1.

They can't if the ethos is zero tolerance, and considering each child's needs/provision in isolation.

Luckily DD was allocated a place at a school (not our first choice) that had recently entirely revised their SEN provision to recognise the huge increase in numbers of pupils whose needs were around mental health, neuro diversity etc rather than the traditional view based around specific learning disabilities.

Plus they integrated that approach throughout the school, so that the whole school was organised around recognising and supporting issues at the earliest possible point.

The support DD got before her EHCP was in.place was no different to the support she got with an EHCP, because the school had already identified and provided the support. The difference the EHCP made was in the funding received by the school. They are proactive in applying for EHCPs for that reason.

It is a standard comp, with an average number of pupils on FSM etc. OFSTED 'good'.

then send out a draft to school and parents for comment. If there are comments/changes another draft is produced etc. There can be several drafts. Then it is finalised

There only has to be a second draft if the LA wishes to make amendments that aren’t a a result of parental representations and decisions about the institution in I.

they conceded on the day for DS1.

This happened when we were appealing B&F (and D&H) in DS1’s existing EHCP last year. The LA’s barrister turned up late and conceded. Infuriating.

It isn’t just zero tolerance schools that can’t provide EHCP level support without an EHCP. Especially if you consider many with EHCPs require therapies such as SALT/OT/MH therapies.

it’s not queue jumping though as the poorer needier families thst can’t articulate for themselves are still going to be left with nothing, it’s not like she’s taking a slot that they would have. The fact that poorer families are being let down isn’t a reason that all children should go without support in school, it shouldn’t be the case that ANYONE should have to hire a lawyer or become the equivalent of one by learning Sen law themselves just to get their child a basic education thst the rest of the population take for granted

I agree lack of CAMHS provision is a major issue. But the EHCP specifies provision in school around the mental health problems, not mental health treatment as such.

E.g. DD's EHCP specified SALT input for language processing (because it affected academic performance) but SALT input for a stammer had to be through her GP because that is a 'medical' issue that didn't affect her learning. There was provision for extra time in oral assessments because that would be affected by her stammer.

Anyway, I agree there are huge issues with underfunding of SEN provision. But from what I can see this thread is a rehash of arguments about 'my child NEEDS private school so VAT is UNFAIR'. Plus an assumption that no state mainstream can meet the needs of the child, without even looking at local provision.

So I'll let you crack on...

@BrumToTheRescue My LA liked multiple drafts because of the delay they caused - amendments were made due to errors or to change a few words that really made no difference.

But if they didn’t accept your report, had one of their own done and that had a lot of the needs and provison omitted you would be able to appeal to tribunal, in your case the la haven’t followed the law but it doesn’t actually make any difference to you in practise

SALT is special educational provision and should be in F if it is reasonably required. The LA lied to you about the stammer. Same for MH therapies and therapeutic support. Parents often have to appeal for these though otherwise they are left with a poor EHCP without all the necessary provision and/or written poorly.

LAs often try to get away with this, but if their delaying makes them breach the statutory timescales, as it often does, enforcement action can be taken.

Obvious don't assume state will award EHCP. Lots of schools get applications rejected, abd then have to appeal (all of which can take over a year).

Have you talked to your school yet though to see how they will manage VAT increase? They HAVE known about this prospect for years so should have a plan whereby parents are not hugely impacted.

Yes, that's what I was thinking?! 25k would surely cover the fee increase over the next few years, even if there is one (some schools will find ways to absorb this cost rather than risk losing student numbers).

Or, if you attend state and really do have lots of money spare, you could donate a large sum to your child's new state school each year as this would be hugely welcome no doubt. Just a thought.

Not sure why you're getting so much flack, OP.

As something of a Povvo myself, if your child needs that support, you should absolutely use the resources you have to secure that support.

I couldn't in a million years have afforded a lawyer, but I did research relevant pieces of legislation whilst having a personal mental health crisis over it all and kept poking the LAs whilst they tried to deny my DD's very substantial needs.

If you can avoid having to go through that stress, please do. Your child needs at your healthiest.

My child IS in an independent special school but has an EHCP, so not quite the parent you're asking to hear from.

Our school only accepts those with EHCPs, so hopefully we should be safe but LAbour haven't exempted special schools as a whole either, so I'm still cautious.

@Djthhtk9494 im not sure what your point is tbh. My kids will get EHCPs because they cannot function in mainstream state schools without them. They could cope in a very small class size school where they get lots of extra support. Spending thousands is sadly necessary to get through the process.

I have a lot of experience with echps and battles for it. If your DC copes in an independent school without echp, I doubt you will get one for state. there are a lot of things school will have to try first before an echp would be granted. You hugely oversimplify this.

Unless you can show that state doesn't work (that is spending some time in a state school), there is no chance.

To clarify as you have misquoted me on a number of issues-

1. It wasn’t me who said I’m getting a lawyer. A number of other posters have said they are but don’t misquote me. I said a third party and in our instance it’s the independent schools cluster in our area who have jointly more resources and experience to put our case together for us. There’s been no mention in my post of paying for it.
2. I also have not said I’m concerned our school is closing. I said I expect it to, just based on the amount of leavers this year. It may or may not. I’ve no idea. My decision to move my children is nothing to do with whether the school carries on or doesn’t. It’s based on our inability to afford the school with the 20% increase coming in.
3. Never have I said I would ‘ensure’ my child had an ECHP to then choose the state school they will go to. My children will get in to which ever state schools can accommodate them.

I’m sorry if this doesn’t fit in with your perception of ‘entitled’ parents of private school parents who take and grab what they can for their benefit, which you seem to be trying to make out here.

No point having a lawyer if you don't have the evidence! Evidence is far more important and many many families never use a lawyer/solicitor and get what's needed.

'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.'

This! I wish schools would start challenging LAs more! If you can't do the EHCP support due to lack of funding tell the parents, they can take legal action and there are charities out there (sossen) who will do this for free/low cost.

This isn't true. The legal test is the child MAY have Sen which MAY require EHCP provision. there is nothing in law that says multiple things have to be tried first. It's rather do concerning that so many people who work in Sen don't know this,

That is the threshold for an ehcp assessment. it doesn't guarantee a plan

So the independent schools have joined forces to go for EHCPs. A service parents are paying for. A cynic might think said private schools
were doing this in an attempt to get school fees paid for by local authorities.

And yes yes to the poster who said evidence is needed for an EHCP. Little Jimmy’s parents saying he’d never cope in a state school having never actually tried it is not evidence.

I really do hope local authorities are going to be on the ball re this. Also op if you’re not making a point re vat on fees and not issuing vague threats and a call to arms as seen on other vat on fees MN threads I’m not sure of the need to mention your other 2 children who will no longer be privately educated.