To ignore school and apply for an EHCP myself

[MugsyBalonz]

Year 7 DC (11) is autistic, their particular traits lean more towards what used to be called Asperger's. Academically they are gifted and talented which I think is contributing towards school not taking their difficulties seriously.

DC struggles massively with social interactions, they don't relate to other 11 yr olds beyond the most superficial of interactions, friendships are tenuous and only at school (no parties, no invites to play/hang out, no one calling for them), and they'd rather chat with adults than peers.

A contributing factor to not getting on well with peers is that they are obsessed with rules and rule keeping. DC will think nothing of correcting people who they perceived are breaking the rules, this includes other children and adults. DC does not accept that it is not their responsibility and no strategy we've tried has had any sort of success at redirecting this. It causes a lot of social issues, a lot of anxiety/stress, and is becoming a barrier to learning as DC is now refusing to go to school because they can't stand the rule breaking and how it makes them feel (for context, DC will get equally stressed over minor transgressions like someone wearing non-regulation shoes right the way up to major violations like fighting).

School out DC is a friendship intervention group to try and support their social skills. DC hates it because a, they don't identify with other 11 yr olds and b, all the children in attendance have behavioural issues of some sort and DC couldn't cope with all the "rule breaking". I do agree that DC does need social skills support but I don't think this group was the right approach and was a case of right idea, wrong tool.

DC is also struggling in school with sensory issues and with boredom, during these episodes the teacher has said they become disruptive due to verbally stimming and/or physically sensory seeking (tapping feet, rocking chair, drumming on desk, etc). When DC was diagnosed, recommendations were made by CYPS around desk equipment to aid with this - tension bands on their chair legs, open access to fidgets, "quick win" tasks in-between learning activities (e.g., crosswords) to maintain focus and prevent boredom, other things too. School have not implemented any of it despite repeated emails and meetings, they always respond that they're giving DC time to settle or that they're waiting on equipment orders or that they don't think it would actually benefit DC.

I said at our last meeting that I'm going to start the EHCP process and apply for a needs assessment in order to get a comprehensive overview of what support DC needs and how it should be delivered. School have said DC doesn't need additional support and is currently only on a first stage pupil passport, basically just a notification to staff that DC is on the SEN register but that they don't need any specific interventions or support and don't have any development targets. They've said DC would not be successful at getting an EHCP.

AIBU to apply anyway and does anyone have any advice to offer?

YANBU but I suggest getting guidance on the process and the way to apply for the EHCNA and the evidence required.

I know of several parents who have succeeded when a school couldn’t be bothered.

I’m fortunate that both of my boys got theirs with the support of the school and we have a borough council that is also better than most.

Good luck OP - the right support and setting is transformative - my son is Y7 and his specialist senior is amazing. He’s getting to be the best version of himself.

Thank you, and that's lovely about your son. I feel like DC will thrive with the right support but right now is floundering because they're so tied up in all this stress and anxiety around the "right" way things should be done.

look at your local authority send information and advicepages there should be information about it and how to start - parents can trigger the EHCP process but it does help if school are on board as they have to show they have put in place support. But if you feel it’s needed then do it.

You can definitely try, but be prepared for a long process and refusals.
DS has had one since young primary age (now 17) and I was fully supported by primary school luckily which really helped. I did end up paying for my own educational psychologist (I actually ended up using one the council contracts anyway so that helped) and along with reports from two paediatricians, the preschool and school we were given one first application. Bizarrely, after I paid for the ed psych, the council sent another one paid for by them who also backed up the application. DS did have fairly significant issues with school refusal (would have actually run into traffic to avoid going or staying) and meltdowns so school were very keen to have him supported. My advice would be to gather as much supporting evidence as possible. Have you seen CAHMS or an ed psych?
DS is now at college and I will say that is ehcp has been the best thing he could have had. He is fully supported at college one to one and had an amazing SEN secondary school where he flourished. It's definitely worth applying.

I applied as a parent for an EHCNA for my autistic DD. It has been a very trying process and was denied twice by the Local Authority - before and after mediation - but they conceded soon after I sent the appeal for a tribunal. It is helpful to have some support from the school but not essential. The legal threshold for assessment is actually quite low, although an assessment doesn't necessarily lead to an EHCP.

The whole process is very long so in the meantime I would still push the school for support. Have you contacted SENDIASS? They can be hit and miss depending on whi your local representative is but I at least found them helpful in outlining what support I should ask the school for.

I also agree you need to gather as much evidence as possible.

You can try but I think the first thing the council will do is ask school their thoughts so if school don't think it's needed it is unlikely to be successful. You can then appeal.

I don't think chair tension bands are practical in high school where they move about so much. Buy her a pocket book sized puzzle book if you think that will help and ask the senco to add to her passport that that is allowed in between tasks, although I can see teachers /senco saying no to that as she should ask for extension work if she has finished. Blue tack seems to be an acceptable fidget, so maybe get that cleared with the senco and send her in with that.

Also if an EHCP is granted, it would say things like ' social skills group sessions to be delivered weekly ' they are already doing that so the EHCP would be useless unless you make sure it is very specific, which councils don't like to do as needs change and (I was told for my son) its for the school to do a detailed plan of how to best implement the ehcp. Maybe be a 1 to 1 session with a TA on social skills would be a better start.

Sorry your daughter is struggling, it's not easy to get them the right support, and I see you have already had meetings with the school. I hope you can get them on board and things improve for your dd.

Thank you everyone.

Buy her a pocket book sized puzzle book if you think that will help and ask the senco to add to her passport that that is allowed in between tasks, although I can see teachers /senco saying no to that as she should ask for extension work if she has finished.

I already tried this but school took it away. I asked for extension work too and was told that DC already does the extension work as their normal classwork because ability-wise they're working at the end of the key stage.

Use special needs jungle or ipsea for model letters- keep it really factual. Be prepared to fight - go for mediation if they reject it first time. YANBU. Is this the right school for your dc?

Yes, you should do your very best to secure an EHCP for your child as this will help a great deal, right through university and beyond, in accessing whatever support exists.

But right now... if possible, move your child to a school that has a track record of offering SEN support, rather than one taking away solutions that you are trying to put in place. Your dc needs a place to go during lunchtimes and breaks to feel happy and safe, classroom adjustments and help to make and maintain friendships. Some schools have this sort of help for those who need it, and some are actively obstructive (yours, for example).

In some schools, even an ehcp will gain you only grudging support.

I applied for EHCNAs for both of my children. School didn't think they would qualify based on misinformation that is commonly spouted about child needing to be 2 years behind.

Use the model letters at https://www.ipsea.org.uk/making-a-request-for-an-ehc-needs-assessment

If you can chuck money at the problem there are some really good educational consultants around who know how to work the process. I was considering this but ended up in the private system which suits DD better.

I feel for you op.
Can you also find out what send training your Senco has and the teachers.

As part of wider research I'd join Michael Charles fb page he's a solicitor who fights for this sort of thing and get some sats on school help and so on.

I'm a SENCo and this part concerns me:

"only on a first stage pupil passport, basically just a notification to staff that DC is on the SEN register but that they don't need any specific interventions or support and don't have any development targets"

If pupils are on the SEN register that means they are part of the assess, plan, do, review cycle and often schools provide a passport/plan to demonstrate this which should include targets, be reviewed with parents atleast 3x a year and have the input of the child, parents and school. Targets and reviewing are done differently in each school but the rules are all in the SEND Code of Practice. I would be pushing for a meeting face to face to ask what are they doing to support your child now that the current interventions aren't working and if you're not happy with their response, put in a formal complaint because attendance is being affected.

An EHCNA is completely your choice but I would worry about the school having insufficient evidence to support your application. You need to get evidence of their assess, plan, do, review cycle first (ask for this in the meeting) and collaborate on a plan moving forward. Usually if the plan doesn't work (review part of the cycle) and you keep making changes to support the child and it's still not working, that's your evidence for the EHCNA.

Benefits of an EHCP are that you have the strategies and targets written in which schools must provide. It's not optional. It also doesn't need to be classroom teaching assistant support if they are doing well academically, the funding can go towards other activities such as lego therapy, small group interventions, 1-1 social stories work etc.

I'm sorry, but you do NOT need evidence of their 'assess, plan, do, review' cycle first.
There are very specific criteria for an ECNA:

1. Whether the child or young person has or may have special educational needs (SEN); and
2. Whether they may need special educational provision to be made through an EHC plan.

Those are the ONLY considerations. Please do not delay. Take advice from IPSEA and apply as soon as you can.

It’s less likely the school “can’t be bothered”, as one PP has said but that there are children with more pressing need. At the school I’m at we have a person working on EHCP applications but the EPs hours have been reduced so there is a limit to how many can be processed during the year. The amount of intervention we have to prove has been put in place before applying has also been increased, so this delays things.
We have more than 20 children on the list who need to see the EP but realistically only a quarter to third of those will be able to be processed this year.
SEN support and SEN funding is a huge mess and it’s not going to improve without some radical increase in funding. Local authorities budgets are inadequate.
By all means start the process but please don’t badger hard pressed school staff for the input you’ll need from the school. They’re already doing their best for those they know (from experience and current climate) will succeed getting an EHCP.

Make the request yourself using the model letter @lifeturnsonadime linked to.

(I was told for my son) its for the school to do a detailed plan of how to best implement the ehcp.

Whoever told you this lied to you. All provision DC with EHCPs reasonably require must be detailed, specified and quantified in F. Then it is enforceable and the LA is ultimately responsible for ensuring it is received. It isn’t for a school to decide how best to implement an EHCP.

There is no limit to the number of EHCNA requests a school can make. The school does not need to have sought an EP assessment prior to the request.

Evidence of APDR cycles prior to an EHCNA request aren’t necessary either.

These of 2 of the many myths some schools and LAs perpetuate.

I'm speaking as a primary school teacher who fully understands the pressures of the system, but this attitude isn't acceptable. My own class has a huge amount of need but it's not OK to minimise the difficulties of, say, a quiet but anxious autistic student because other children's needs are more obvious.

As parents, our concerns are quite rightly focused on the needs of our own children. Yes, the whole system needs to change, but in the meantime we can't just ignore the needs of some children because others take up more of our time.

If OP does a parent application, the input needed from the school is minimal.

@Longhotsummers :

"It’s less likely the school “can’t be bothered”, as one PP has said but that there are children with more pressing need. "

= the school can't be bothered. They basically just don't care about your son op! When you realise this, it'll affect how you behave going forward.

@BrightYellowTrain talks sense;

"These of 2 of the many myths some schools and LAs perpetuate."

@Longhotsummers :

"please don’t badger hard pressed school staff"

It’s less likely the school “can’t be bothered”, as one PP has said but that there are children with more pressing need.

That PP was me. In my experience schools will get away with as little as possible because they are spread thinly.

It’s unfortunate, and it’s a problem for the school, but that’s not a parent’s problem. Schools need to do the best they can for all pupils.

Attitudes like this is why the support children get is only often as good as their advocate.

We had a bully making his way around the children in my son’s class in Y6 - the school did fuck all. He was violent and had punched and injured children quite badly. He moved to my son one day and I spoke to the head and told her if it wasn’t sorted out immediately she would be receiving a visit from the police as the boy was over 10, I’d file a report with the LADO and Ofsted (they are a failing school on a turnaround mission) and I told her I will deal with his parents myself if required.

The boy never even looked at my son again. My children don’t get bullied and overlooked by people who are supposed to protect and support them.