ECHP - applying from an independent school?

[Assistanceneeded]

My child has auditory processing disorder. They wear a hearing aid in class, with the teacher wearing a roger pen. They are academically able with this support but I understand that APD is classed as both a physical disability and a learning disability. They have slow processing and have been assessed under the JCQ guidelines to get extra time in exams.

in the main we have funded most of this ourselves due to waiting lists - so both the hearing aid and the assessments etc. they are at an independent school which manages the situation very well, so my child has not fallen behind in a way that apparently is common for those with undiagnosed APD.

it is going to be hard for us to manage to cover the VAT on school fees, so we are now asking to go on nhs waiting lists again etc so that the next hearing aid is covered. I keep hearing that pupils with echps may be exempt from vat, and that there are long waiting lists for these applications so I wanted to find out more about them. Would my child meet the criteria for one? If we apply for one whilst in an independent school, it is possible just to have it noted that the criteria is met - there is obviously no way that I would expect the school to be named as the only school suitable, although in reality small class sizes are needed to minimise background noise. I’m struggling to find much helpful online , would be grateful for any help.

Hi OP, you have had some good advice here. The big problem with SEND at the moment, and this is just my personal observation is that it is so erratic. Provision varies so much from one area to another. Each LA is a law unto themselves. No matter what the actual law says. Our LA is struggling with doing assessments for EHCP and the actual documents they produce aren't great to be honest.
However your LA might to very different. Even in my area some students are dealt with much faster than others.
The VAT on private schools must seem like a blow to your family. I hope things turn out well for you and your child, you seem like a highly supportive and moreover calm and reasonable parent.

Our LA is furiously gatekeeping assessments and has imposed a non-statutory requirement that schools be able to evidence two terms of support and that it is costing in excess of standard support funding. This gets overturned at tribunal every time but it means a lot of ECHA requests are rejected at first pass. Waiting lists for the request to assess tribunal are months. We have one child with an EHCP in place already and another about to be submitted for assessment, and mentally I am prepared for the timeline on the new one to be at least a year. As my child is barely in school at the moment this is not ideal obviously.

@Assistanceneeded I think it would be very sensible to think ahead in case your son does move into the state sector. From what you’ve described there’s very little chance indeed that an EHCP would name an independent school. But SENDIASS would be your best first call, rather than a lawyer. They know a lot, are free, and will be familiar with your own LA’s approach.

The difficulty with what you're suggesting is that an EHCVP has to name a school and the assessment / plan is based on how the child is progressing in the school they currently attend.
I know that there are some children who have managed well in Primary school, and then it all goes pear shaped in secondary school for obvious reasons. As a Senco, I would do my best to get an EHCP in place by Year 5 if myself and parents suspect this may be the case. If not successful, then at least we have current professional reports that secondary Sencos can use if they need to apply again for a needs assessment. What you can’t do in Year 6 is say - oh, little Joe isn't going to manage in Year 7 because of X,Y and Z so I’ll apply for a needs assessment based on that.
You’ve made it clear that the reason you want to apply is because you think it will circumnavigate the need to pay VAT on school fees. Your reason for applying should be that currently the school cannot meet his needs without the need for additional funding. You’re slightly shooting yourself in the foot.
I’d be approaching the school directly and asking them if they are able to support a reduction in fees as part of their support for your DSs SEN needs. And whilst you're at it, get him back on the NHS waiting lists for assessments. I’m not clear if he has a diagnosis of APD from a SALT / EP / audiologist or it’s just what you’ve assumed? Hearing aids for ADP is very unusual. Does he also have a hearing problem?

Be careful with SENDIASS. Some are good, but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

@Floatinginvacherin there’s still a wait, but if you need to appeal and DC isn’t in school full-time you can request an expedited hearing.

The difficulty with what you're suggesting is that an EHCVP has to name a school and the assessment / plan is based on how the child is progressing in the school they currently attend.
What you can’t do in Year 6 is say - oh, little Joe isn't going to manage in Year 7 because of X,Y and Z so I’ll apply for a needs assessment based on that.

Not all EHCPs name a school. Section I can name a type. Or it can be blank for EOTAS. The EHCP must be based on the child’s needs and the provision they reasonably require. Not what school they are currently attending. Case law shows any EHCNA should consider upcoming transitions to secondary.

You've have lots of good advice here OP, can I just add that it may be worth checking if your LA is one with a "Safety Valve Agreement". Under some of these (individual to each LA that has one) some specify that the number of funded private school places must be cut. I know that's not exactly what you are looking for, but it may give an indication of your challenge, if your LA has similar.

I don’t think the school will be in a position to offer us a discount. Lots of parents are struggling in our year and I’m sure that each of us would think our child uniquely benefits from the school.

i think the roger pen and the hearing aid receivers are fairly standard for APD? diagnosed by an audiologist who is recognised by the nhs but does not offer nhs services. Alternative was very long wait list at GOSH. There are additional strategies that the school also has on the individual learning plan, it’s not as simple as just having the microphone pen.

I will speak to all those recommended above. From my perspective i understood this to be a plan which needs to outline the educational (and social etc which is equally important with APD) needs of my child. If having such a plan means we can qualify for a VAT exemption great. If it doesn’t we are likely to have to move to the maintained sector, and so any school that we transfer to will need to ensure they meet the ECHP (and I understand that it may help us in selecting that favoured school).

i will check with the relevant charities as I am getting confused - there seem to be conflicting messages saying get organised and apply for an ECHP if you are eligible and others saying you can’t apply for one as you have paid to get support for your child but you can’t apply in advance of knowing that you will need to move sectors and lose that support. So it’s probably best if I consult with those who specialise in this and find out what we are entitled to in law (and reality).
thank you all for the helpful suggestions.

@BrumToTheRescue you’re quite right about IPSEA. I meant to type that and my brain had a moment! Worth a chat with SENDIASS too but it’s IPSEA who’ll be in your corner. I’ve never had dealings with SOSSEN but hear they are also great. Unfortunately the wait for expedited tribunals is 3/4 months and they are prioritising (rightly I think) children approaching a phase transfer, which mine isn’t.

@Assistanceneeded, @Allenetall is quite right to point out the Safety Valve possibility. If your LA has been ‘bailed out’ in any way, they’re likely to have one.

I don’t know statistics, but as a SENCO I find many are rejected outright and are not given a needs assessment due to child making expected progress. I understand this is legally unsound, the only criteria for the assessment is there is a special need, however it remains the case and therefore legal support is useful if you can afford it.

others saying you can’t apply for one as you have paid to get support for your child but you can’t apply in advance of knowing that you will need to move sectors and lose that support.

Anyone saying this is wrong.

@Floatinginvacherin those not in school full-time are also being prioritised like phase transfer appeals. Still a wait but much less than the normal waiting time.

A headteacher friend in a different LA told us that his applications for assessment are uniformly getting rejected if the child does not also have a demonstrable health need, in addition to SEN. Again, not legal and won’t survive a tribunal, but it’s keeping their numbers down.

Yes, I’m prepared for just six months wait for tribunal rather than a year! Our LA is breaching all statutory deadlines badly at the moment though so even once we’re through that, I’m counting on several more months delay.

That’s appalling. Unsurprising but appalling.

@Allenetall do you know how I would find out if they had such an agreement? I have googled their name and safety valve agreement but nothing obvious. Thank you

Have a look here: https://www.gov.uk/government/publications/dedicated-schools-grant-very-high-deficit-intervention

Thank you, thankfully ours is not on there

I’m afraid that won’t mean it’s much easier, although obviously that does take a weight off.

Just as an example, my friend’s child has been in an independent specialist school since 6. Owing to a very high level of needs, the cost of a place in year 7 is much higher, and the LA has refused to fund and is trying to make a local state school with a far lower level of specialist provision admit them - luckily so far all of them have assessed their needs and outright refused, but still no school in place for September. They are going to tribunal for continued funding at the existing school.

Hi OP, I have seen children with ehcps in independent schools where the whole fee is paid if its felt that there wasn't a mainstream that could support them. But I have also seen them where where the LA only pay for the bits over an above the standard school fee. The costs were mainly around healthcare needs in these instances. Like specialist equipment for a blind student, plus training for teachers and a visiting braille teacher.

So it's very personal to an individual childs needs and what support they need rather than a blanket rule.

if I had money to spend I would probably spend on an up to date educational psychologist report that detailed what my child needs over a lawyer as I found sossen, ipsea and sending all gave good free advice.

However, there is nothing wrong with getting some legal advice either.

@Floatinginvacherin completely understand. Am I correct in thinking tonight that if we have to give notice and move to the maintained sector, having an echp will allow us to say to the new school, this is the plan that needs to be followed - and we can put a preference on the school we think will best be able to meet the plan? And that school would then get the £6k funding to allow them to meet our child’s needs? As presumably only those who can show the highest needs get school fees paid with an ECHP?

@AnnaCBi that would be a worry for us - my child is making higher than expected progress - but due to the interventions we have already made and continue to do!

EHCP.

Funding completely depends on the EHCP, the school will be expected to meet the first £6,000 in costs above awpu. Our sons required 12 hours of support, so that didn’t bring additional funding as it was within the awpu and £6,000.

All children have up to 6k of funding allocated to them for support if needed; the ECHP is meant to set out what provision they need when their needs cost more than that. Being able to name a school is pretty much right in theory. Parental preference is taken into account. But the LA will not, for example, force an oversubscribed school to take your child if they have an alternative school that says it can meet need. Many parents appeal in this situation but it’s not uncommon that your own named school is not the one that turns up on the ECHP.

@Floatinginvacherin all children don’t have £6k allocated to them. This is a notional amount based on an algorithm, so not even equating to the actual number of children on SEN register in their school

Thank you all for your excellent advice. I have tried and tried to get an IPSEA phone slot checking the link for months and it’s impossible. There are so many desperate parents out there and the negligence from successive governments of the SEND system is horrifying.

As part of the EHCP process, if the LA agree to issue (or are forced to issue via Tribunal), you will get the opportunity to state your preferred placement during draft process. For non-wholly independent schools, there are limited reasons why the LA can lawfully refuse to name your preferred placement. Once an EHCP is finalised and names a placement the school must admit and the provision detailed, specified and quantified in F must be provided.

There’s no one set amount for EHCP funding. It depends on the provision required. The LA is responsible for ensuring the provision in F is received. EHCPs can be fully funded. The school do not have to fund the first £6k out of other budgets. But LAs will only fully fund EHCPs when they are forced to.

To get a wholly independent school named you will need to prove the LA’s proposed school(s) can’t meet DC’s needs &/or it isn’t unreasonable public expenditure.

Just to add that ECHPs put kids into funding ‘bands’ based on their needs. Usually only children at a certain band will be considered for specialist placement and below that they would be in mainstream with appropriate support in place.