AIBU to think we’ll get an EHCP?

[Abawaba123]

Two kids. Both autistic. Before applying, will these levels of need qualify for an EHCP?

Child A (9 years old, going into year 5)

• about a year behind
• interventions out of school: weekly speech therapy, weekly play therapy for anxiety, regular occupational and sensory therapy
• Interventions in school: weekly social skills group, weekly small group support for English and maths, allowed to wear modified uniform, allowed fidget toys, a wobble chair, and sensory breaks. Must sit at front of class to have regular prompting/support to stay focused. Cannot write legibly, uses laptop.
• attendance around 90percent, plus misses some lessons most weeks - school refusal due to anxiety
• Cannot take part in swimming/football so just watches
• Generally anxious/angry a lot of the time
• cannot be alone in a room (anxiety), including the toilets (nb needs no help toileting but needs somebody just outside the door)

Child B (7, going into year 3)

• About one year behind
• Interventions out of school: weekly speech therapy, regular occupational therapy.
• Interventions in school: Weekly 1 to 1 support for English, weekly social skills group
• Needs 1 to 1 support for swimming
• Needs prompting/guidance to eat
• Needs a visual timetable, needs extra support (like a TA going with him) for changes/trips to new places
• Often needs support navigating friendships
• Inappropriate social behaviour - eg approaches strangers (adults and kids) and strokes their faces
• Generally comes across as much younger; people usually guess he’s 5ish.

YABU - these kids can be supported in mainstream with the school’s normal resources
YANBU - these kids will qualify for EHCPs

Obviously if you think the answer is different for each kid then please say so!

@ByLoudSeal I’m not sure me refraining from applying is going to make any actual difference to kids with higher needs tbh. At the moment the funding doesn’t remotely match the level of need, that doesn’t mean people should stop asking for support.

Unfortunately it's very difficult to get a echp nowadays.

I work with SEN families only really see those whom need a SEN school getting ECHPs.
You will most likely need to go down the appeal route, it's not as easy as what people think.

Luckily legislation doesn’t agree with you. All DC who meet the legal threshold are entitled to an EHCNA/EHCP regardless of what other children have or don’t have.

‘High functioning’ doesn’t mean what you think it does. It does not automatically equal ‘less needs’.

@LadyWhistled0wn yes that’s my impression too, we’ve been warned to allow time for appeal and to be ready for a fight. I have so little mental energy/bandwidth (my kids are wonderful but intense!) that I’m trying to gauge if we’d actually “win” at the end of that fight or if they’re too “high functioning”.

To answer the previous poster's question, the "threshold" outlines a child's legal right to an education needs assessment as enshrined in law.

This intersects with other key legislation documents such as the children's act, the education act and the equality act.

Disabled and mentally ill children have as much right to access education as all other children. An EHCP isn't giving them any extra bonuses - it is simply allowing them to access education safely.

You won't know until you apply. Applications are looked at on an individual basis. First step is to apply for a needs assessment with your local Education Authority. You will need School to write a supporting statement so I would suggest if you wish to submit this side of school holidays, that's your priority as it will be the Council who will request the statement from school

I’d apply now, because you’ll want support in place for when your oldest transfers to secondary. To be honest if he’s y5 already, you’re cutting it fine

Ok if mental health issues and disabilities are so common in children why is there a lack of funding for EHCPs to the point that local authorities will make it as difficult as possible for you to get one and if this is the case why can children with sufficiently less needs apply for one if there is a lack of funding should it not be prioritised for children with more needs if there isn’t enough money

To be fair £10 billion is spent on SEN every year - it’s not underfunded. The demand has risen beyond anything we can possibly cope with. Taken from gov website:

Number of pupils with an EHC plan has increased by over 80% since 2016. The number of pupils with an EHC plan has increased by 11.6% between 2023 and 2024 to 434,000, and by a total of 83.4% since 2016. The number of pupils with SEN support has increased by 4.7% from 2023 to 2024, and by a total of 24.9% since 2016.

Lots of consultants will prepare the paperwork you need for a fee. Do this. Don’t rely on school or the LEA to help you. They have no money and will fob you off. The sharp elbowed get EHCPs where I am.

You don’t need to pay anyone to make the EHCNA requests. You can use IPSEA’s model letters. Save you money in case you need independent assessments further down the line if you have to appeal.

LAs acting unlawfully isn’t just about lack of funding. It is far more complex.

The legislation sets out the threshold. It isn’t a game of disability top trumps.

@Cleavagecleavagecleavage - he’s just finishing year 4, going into year 5 in September so hopefully ok! But yes I’ll get right on the needs assessment.

You are spouting ignorance. Define need.My daughter has an EHCP for her autism,ADHD and severe mental health struggles.She has GCSE’s thanks to lockdown and wants to get level 3 qualifications. She will not attain that without her EHCP. She has as much right to access education and reach the level she is aspiring to as any other young person and will need more time to do it. We didn’t have to appeal and just went straight through the system. Her EP report was done by the local authority. Our county had a big backlog so there was a delay but it was pretty straight forward. Her current SENCO has been a huge help.

I’d start the application op, every case is different.

I agree with you but I don’t understand why local authorities make it this hard to get it, or why there is a lack of funding. And if there is a lack of funding why aren’t children with higher needs prioritised

In our LA (shite) that would probably qualify for the EHCNA. Not so sure about the EHCP though based on recent experience of what has been accepted/rejected.

There isn’t a lack of funding. We spend £10 billion on SEN a year. I’m not being obtuse, just factual. The demand has risen beyond anything we can cope with - it’s staggeringly high and just continues to rise.

The law doesn’t prioritise certain disabled children who meet the legal threshold over other disabled children who also meet the legal threshold because it isn’t a game of top trumps. As I posted LAs acting unlawfully isn’t just about lack of funding. It is more complex.

It’s worrying what can be done about it

My child has high need. Every child is entitled to an education . Every single child. If schools can’t facilitate that is needed to make that happen they need an EHCP. If their needs can be met by schools they don’t.

My impression is it's the 'sharp-elbowed' (as a pp put it) who can go through all the mediations and appeals to successfully get an EHCP. Unfortunately, many children with SEND also have parents with SEND who are not able to fight for what they are also entitled to. Schools don't have endless capacity to deal with this. The whole process is ridiculously laborious and time consuming. It's not fair to parents, schools and certainly not fair to the children.

I don’t know, people will continue to request assessments for their children and in ever increasing numbers.

Personally I think there needs to be some kind of inquiry into the rise, we can’t just keep throwing money at it.

My (diagnosed) autistic and selectively mute daughter (she has never spoken at school) was turned down for her EHCP at each stage. They refused to assess, then conceded before appeal. They refused to issue, then conceded before tribunal.

She's just about coped at mainstream primary but is going to a special secondary school for the rest of her education.

If you feel your children need one, don't stop fighting. The process is soul destroying though. The local authority's awful attitudes never fail to shock me. But we got what our daughter needed, so it was worth it

If you can afford your own reports I'd be tempted to go for them. A properly drafted medico-legal report from someone with a good rep (i.e. someone with experience of tribunals and who doesn't exaggerate) is like a note to the LA saying that you are willing and able to go to court and if you do, you'll win. That's quite likely to lead to them folding before court and reports cost less than tribunals.

None of the above is right or fair, but it is.

Well we’ll have to. Every child is entitled to an education.

We could think of changing schools so kids don't need adapted uniform and there aren't a ton of pointless rules?