To start an EHCP application in May of year 6?!

[Theyalwaysknewbest]

Am I too late?
Primary school have spent 5 years telling me DD won't meet the criteria and different teachers and SENCOs have all told me this.
I have raised about applying for an EHCP multiple times starting from 5 years ago to date, but the staff have always insisted to me that DD's learning needs can be met by them and that she doesn't need an EHCP. They've given me flat "no" every time I've asked and haven't been open to just trying and seeing what happens. I've always been guided by the school in this since they're the professionals in primary education and I am not. I know nothing about how the EHCP criteria is met or not met, nor anything about how a child is assessed or what the threshold is. So I've always taken their advice that an EHCP would be declined for her.
Meanwhile DD is working at least 4 school years behind her actual school year in reading, spelling and maths. So is in year 6, and is being given year 2 level work and is even struggling with that. And school have removed her from sitting year 6 SATS later this month because she won't be able to read the papers due to her SEN.
She is on the school's own internal SEN register.
Officially diagnosed with severe dyslexia (I organised a private comprehensive assessment and she got the diagnosis after school refused to refer her for dyslexia assessment and told me she's not dyslexic and shows no signs of dyslexia. Her diagnosis states she severely dyslexic. ).
The school's current decision to remove DD from yr 6 SATS has made me question their decision re her not being eligible for an EHCP application, because to my mind, if she's so far delayed in her learning due to SEN that the school have decided she can't access yr 6 SATS, would this not indicate that she would meet the criteria for an EHCP?
I now feel like I want to take matters in to my own hands and apply for one myself. If I don't get one for her then I don't get one. But I'll never know if I don't one.
But have I left it too late in the school year to do this? Not for any chance of extra support at primary, I realise it's too late for that. But can I apply now with the focus being on extra support moving forwards in to secondary education?
I'd be so grateful for advice from those who know about all this.

@NineteenSeventyNine not sure why you have quoted me in your post? My post wasn’t about when pupils can be disapplied from SATs or the legal test for an EHCNA. It was in relation to the pp saying the school have disapplied OP’s DD from the SATs to protect their results. I was pointing out that disapplied DC still count in the statistics.

I wouldn't pay. Just used the template letter of the IPSEA website.
As the primary area of need is cognition and learning send ant assessment, dyslexia screening, IEPs etc that you have.
Make sure the school sends attainment data and fill in their form. They can be a bit crap with this if they didn't support the request.

I had similar with ds2. Constantly being told that he wasn't dyslexic despite I being pretty damn obvious that he was.

When we knew which secondary school he was allocated, I booked an appointment with the head of year 7. She brought in their senco and they were amazing. Ds was assessed in his first week and steps were put in place for him to succeed. Essentially, I told them everything that was missing from the transfer file.

I'd cut my losses with this school, and make contact with their new one.

This is amazing advice, thank you so much everyone.
I'm suddenly feeling very overwhelmed and daunted by the thought of this, I dont know if I'll be good enough at knowing what to say, do and submit for this process to fight this battle.
I've been told over and over again at every parents evening, every ANP meeting, by every different class teacher in years 1, 2, 3, 4, 5 and 6, and by 2 different SENCOs, every single time I've requested an EHCP for DD: "No. She won't meet the criteria. But we can meet her needs so she doesn't need an EHCP anyway".
And now here we are near the end of year 6, and she's been removed from yr 6 SATS because, as stated by her teachers, she will not be able to read or access the test papers, yet at the same time they spend 5 years saying they won't apply for an EHCP because she won't get it.
I cant make sense of this gross contradiction.
I didn't even know I could apply myself until a few weeks ago.
I've spent 5 years believing the school staff.
Now I'm panicking.
And after reading through all of your posts I suddenly feel very emotional, upset and tearful, but I don't know why.

I did it myself when DD was in year 6 after primary school saying my DD wouldn’t get an EHCP. Assessor came to school and after 15 mins with my DD when the teacher left the room he asked why on earth have you had to go this yourself the school should have done! Long story but she got special school for 6 form (to work on functional skills) and now at 18 still useful as it has meant she can do a supported internship. Go for it.

Yes, do contact the SENCO at the high school, they are generally much better than primary and may be able to help.

First call is to tell school you are going for it and give them a last chance to support you. They’re more likely to do it now she won’t have it while she’s there. Terrible as that is!

Sounds very similar to my DS. In yr 6 and currently working at yr1 level.
i applied in yr5 (oct 23) and it was declined, before they even had done any assessment. I took it tribunal who said they had to assess and it has just been confirm he will be getting no an EHCP.

its definitely worth applying now as sooner is better than later.

Take a breath. You can do this.

Sadly, it isn’t uncommon for some schools to incorrectly tell parents their DC won’t get or don’t need an EHCP. Don’t let that put you off.

I should add, that when we had the first meeting with Senco after ds2 had started at secondary and they told us their observations and that they agreed with us, I cried. I finally felt we were on the right track, and we didn't need to fight the system anymore.

@Theyalwaysknewbest you are the biggest advocate for your child and you will be able to do the application, because you’re doing it for her. You will know too, that you have done your best to improve her educational experience.

The secondary school may not yet know who her form tutor will be, but contact with the SENCo will really help to start to put things in place so that she has a positive transition.

From the way you have written about your daughter, you will have no problem with the paperwork - I know it feels overwhelming, but you're more than up to it. I recommend IPSEA for advice and support too. You have a diagnosis and plenty of evidence to add, too. But the legal threshold for a needs assessment is actually quite low anyway: 1. has or may have SEN and 2. may need extra provision to be made. Both boxes ticked in your case.

I applied for a needs assessment for our dd, despite no diagnosis, no obvious learning difficulties, her masking her difficulties, and a terrible senco who kept telling me we wouldn't get one. I finally lost the plot and applied for one myself when dd went through a phase of school avoidance which nearly broke us all. It's not actually that difficult to apply, just a bit long winded. Our application was rejected by the LA initially (which I gather happens a lot) but we appealed. Applying was the single best decision I have made with regard to my dd, the EP's report provided fantastic insight that the teachers just had no idea about.

She's awaiting assessment for autism.

Honestly, you find the strength to battle from the unique mix of anger and frustration at the false information and knowing that your dd has been let down (not by you), the love you have for your struggling child, and the determination/ sheer bloody mindedness to see them better supported.

@Theyalwaysknewbest

It is overwhelming. You’re bombarded with information and the need to do things and you suddenly have the validation of what you have been saying for years. From one SEN mum to another I’m sending you a hug and a “you’ve got this”.

Take one step at a time

First job is applying for a needs assessment. So read up on the IPSEA and SOSSEN websites and take it from there.

Get written evidence from school - your daughter’s current academic attainment and written confirmation that they’re excluding her from SATS.

Reach out to the secondary school SENCO. They may be a source of support (SENCOs like teachers are very variable).

So just one step at a time.

I'm feeling frustrated on your behalf. My DD is in y6, she has ASD and severe dyslexia. She has been exempted from the reading paper but she has a reader and scribe for the others as she does in all classes, provided by a TA. She has an EHCP (it was a smooth process for us as she had a lot of social emotional needs with her ASD so combined with dyslexia was a strong case, so no appeals).

We applied in Jan of Y4 and it was in place by the end of the school year.

It's a low threshold for getting an EHCNA, I applied myself with her ASD and dyslexia reports and school provided very good supportive info when requested as part of the process. If they reject, it's a case of reminding them that your child evidently meets the criteria and you'll appeal to the full extent you can. Usually they reject straight away these days IMO just to delay the point at which they have to pay for support. Good luck!

Given that so many children come through into secondary school who clearly need an EHCP I’d say it’s never too early to apply. Secondaries are having to go back to basics with so many children and doing things like phonics interventions, you need to be able to have the basic skills to keep up with the more demanding pace of secondary school subjects.

It's not too late but be prepared that the process takes a long time and may be disjointed due to her transition to secondary. You can apply yourself if the school won't. Be prepared you will likely face refusals (these are almost always given) and need to appeal.

Yes reading pens are usually used with headphones. Some schools also use the read+write software on a laptop or tablet aswell/instead. You can get a trial of this for free at home.

(I've no experience of this in yr6 but for gcse's etc - and as a result throughout secondary it is very doable.)

That’s fab, thank you. Can you recommend a make at all?

thanks again

Primary schools just don't apply for an EHCP unless they absolutely have to, because they then have to follow them.

Yep! In my opinion, schools only really take action (with anything to do with SEN) if either a) the child is presenting as a problem for them or b) they're faced with a persistently squeaky wheel.

It's taken me a while to fully appreciate it, but the underlying fact is that no matter what the school says, your child is not their priority. The only person who cares enough to advocate for their needs to be met is you.

I knew that my DD's school would outright refuse to apply for an EHCNA, so I didn't even bother asking. But even when I suggested to the SENCO that I was considering doing a parental request, she came back with the LA's unlawful policies, including that a child had to be not meeting academic expectations for one to be accepted.

And the LA did initially refuse to assess. But I appealed and they conceded the day before they had to set out their response to the appeal. We're still in the process so they haven't yet made a decision about whether to issue, but I'm going to fight as far as I can go.

My eldest struggled academically throughout primary but they gave him the support he needed to do the best he could without an EHCP. When he went to secondary the gap became wider and wider. With COVID he slipped through the net somewhat but I was constantly told he wouldn’t qualify. In the end I just went for it - but he was in year 10 by then. After 15 months(!) he finally got an EHCP and it’s proved invaluable through GCSEs and first year at college: I’m really, really cross with myself that I believed that he wouldn’t qualify. It’s an arduous process so be prepared for a fight and don’t be afraid to keep applying if it fails the first time.

it also depends on the SENCO. In the end the Head SENCO took up my son’s case and he said that had he been involved sooner my son would have had an EHCP much sooner.

Good luck!

I found that they can be quite keen to apply and take the additional funding, then not provide what is on the EHCP on the other hand. So it can work both ways. Saying that, it did take them several years to apply from when there was an apparent issue, so this is nuanced. When the EHCP was issued they were quite clear that no additional support would be provided.

Hmm yes in our case SENCO spent the best part of a year saying we wouldn't get an EHCP. Then eventually said they'd start one. Another year later apparently it's now being started.
I don't get it. Obviously it takes time and work and effort but to secure the extra funding and you know, actually support the child (!) surely it's worth it

Schools don't always want a child to have an EHCP because they have to fund the first £6000 themselves and the additional funds awarded rarely cover the cost of an additional member of staff. If they can manage or have a staff member already who can provide support, they may not want the hassle.

Cynical but true, though we do pursue them at my school - currently inundated with children needing them.

But yes, you can apply at any age though it will take much longer than your child has left at primary. My dc got one in year 10 - this was when EHCPs had just come in but they had previously been turned down for a statement of SEN (old system).

If I was you, I'd just make the request yourself. Noone knows your child and their needs better than you.

As @Onelifeonly says, schools often have to fund parts of provision themselves and organise it all, which is a lot of extra work.

Plus, they are under pressure from LAs to reduce numbers of EHCPs. I found a presentation online given by my LA to local SENCOs and it was basically propaganda on how numbers of EHCPs were increasing and why it was a bad thing, and how to reduce that, including how to discourage parents from applying.

Do it. You’re likely to be fighting this battle for years. The sooner you start the sooner you get through all the crap of them ignoring you, missing deadlines, lying etc, and get your court date. Good luck.