EHCP denied AGAIN!!!

[MoreDataPls]

My lovely child has ADHD, ASD and hyper mobility. They attend an ofted outstanding school, however it does not have a SEN department, but has a SENCO. I have just been notified by the council that my child has been denied an ECHP again. The councils reasoning is that the school are providing sufficient support for my child. The only additional support my child receives is reading intervention once a week. They are a proficient although reluctant reader. The EHCP request was thorough, I provided plenty of evidence and documentation, but the request was still denied. So my lovely mumsnetters, based on the attachment of their work, similar to what I provided to the council when requesting the EHCP, what key stage of schooling do you think my child is?

Honestly, this could be an alright Year 7 or lazy Year 10 in my experience as a teacher....

Children don't need an EHCP to get extra time on exams. The diagnosis and the documented need for extra time will be enough.

My dyslexic child had 25% extra time and some (minimal) extra support on occasion, but has never had an EHCP.

I dont think its too bad.yes lots of kids could produce this 8+. But theyprobably arent hypermobile. Was this homework? Is he lookibg up spelli gs etc?
When has he had the meds since? Might there conti ue to be some improvements from like a catch up effect?
My dd is awaiti g asd and adhd assessment and our biggest issue is the not wanting to do work - and taking hours to get anything done.
I asked primary about ehcp they though no. At the time to me it looked like she wouldnt even attend lessons at secondary especially the ones she hates.

Schools should be providi g the support anyway without ehcp. But they dont. They arent hugely motivated and also the sen numbers are high.
We arent even getting extra time despite her working so slowly.

Could he get DLA then that could go on more tutors etc?

What sort of sats did he get or was he a year that didnt take them?
If his targets are low possibly school arent that motivated to help him pass?
I think perhaps a essay would show more issues with punctuation etc?

Sounds similar to my DD. Intelligent and able, but writing terrible. Go for mediation. Grammar school, on for 9 GCSE's at grade 8. Complete burnout at mocks, dx AuDHD and hEDS, and never went back.

In terms of entry for college etc, mine got in with 2 GCSE's even though it stated 4 minimum. They will make allowances. But he needs the support to learn and, most importantly, be assessed correctly.

We've only just got the ECHP draft (2 applications, won at mediation the 2nd time) and she's now 18!

This. Exam adaptations should follow the normal way of working. What adaptations would help your child now in class? Laptop, extra time, a scribe, rest breaks can all be provided now by the school.

My DS (17) has no EHCP but is allowed to type (his grip on a pen is awful,much worse than the OP example) and so consequently is his handwriting), a rest time and extra time. Secondary school threw everything but the kitchen sink behind him to get his knowledge onto paper.

His best friend (LAC, not sure if that makes a difference) gets even more without an EHCP.

They joke that they don't need the add ons, especially as they type like journalists on a deadline, but acknowledge that the breaks especially support them when they hit their white walls in exams. They call them white walls because they say it's like they read the question and have to dig through snow to unscramble their thoughts.

He would also have done stick men as he's no artist, but definitely would have the graphics needed to convey the story as your DS has done.

He plans to work in IT, so his very valid point is that providing he gets the point over no one expects him to also paint the Cistine Chapel.

I mean I might do the stick men now 🤣 I like the stick men.

7

LAs are legally responsible for ensuring the provision detailed, specified and quantified in F is provided. That includes ensuring there is sufficient funding. EHCPs can be fully funded, but LAs won’t do so unless forced.

In fairness, there is some humour in this! He clearly has a good imagination and enjoyed completing the task. I like the stick men....they get the point across! I wonder if the handwriting is holding him back more than anything else?

@MoreDataPls

As @StrivingForSleep said above, you can appeal the decision.

Unfortunately it is well known that most LAs turn down requests for EHC Needs Assessments, as a matter of course. However, most parents "win" on appeal.

When the local authority issued the decision letter refusing to carry out an EHC Needs Assessment it must also have notified you of your right to appeal.

https://www.ipsea.org.uk/appealing-to-the-send-tribunal

Prior to the appeal you are required to consider mediation, and obtain a mediation certificate.(Note there is no legal requirement to actually go through with mediation.)

https://www.ipsea.org.uk/mediation

You must send an appeal form to the SEND Tribunal within two months of the date of the decision letter, or one month from the date you obtain a mediation certificate, whichever is the later.

https://www.ipsea.org.uk/general-advice-for-all-appeals

The Refusal to Assess Pack here will help you to make your case.

https://www.ipsea.org.uk/refusal-to-assess-appeals

Hi OP. By year 9 and beyond the considerations for SEN of young people should incorporate their preparation for adulthood. The young person should not only be being assessed on their likelihood of getting through GCSEs but their progress towards independence. Sometimes a case can be made that looks more holistically at young people. For example, is he able to travel to school independently? Does he manage washing and dressing without prompting? Does he manage his money reasonably well? Does he go out and about in his community at all, visit friends? Might he be able to look for part time work when he is 16 or will he be lacking the skills needed? Does he have some ideas of his future and are they realistic (ie not that he wants to play for Arsenal when he can't kick a ball.)

The post 16 themes are:
Education and employment
Health
Independent living
Community inclusion

https://images.app.goo.gl/ndpnif3YkERc2pDv6

This free downloadable tool is useful as a self- assessment (I wouldn't necessarily do all of the questionnaires at once!) , though it's worth checking if your LA has their own assessment tool too.

www.iasmanchester.org/post-14-personal-development-program

Sorry OP, this isn’t what you want to hear but I would expect a mainstream school to be more than able to support a child of that ability level using their delegated SEN funding.

They don’t need an EHCP for additional time in exams either, that can be done separately.

It’s amazing compared to what my 21 year old son with SEN could do during his secondary school career .

My son had an EHCP with 1:1’support in mainstream school and at say aged 14/ 15 would have still been on the first drawing and written with large single letters of varying sizes and then given up. He would not have completed the story or even got beyond the first picture during the entire lesson. The story would be incomplete. So from my viewpoint I would have wept with joy had he done that at aged 15.

This.

My child has an EHCP and they are 12. The work in the photos would be well above what my DC could do. For context they can barely read or write legibly. It looks like a 4 year old has written stuff my DC writes, letters upside the wrong way around, all stuck together and you can’t read it. They aren’t making progress and year on year they are further behind than their age related peers.

It seems to me that they need to be significantly behind before an EHCP is considered. They are have to fit in one of four categories of I remember correctly and the box’s are very rigid. Considering how individual children present it’s really shit that they make the ‘box’s’ so specific because it means kids that need extra support are unlikely to get it as they don’t fit the description enough.

So I’m assuming you’re going for the cognition and learning ‘box’ I can’t say I’m surprised your DC has been refused as they have to be working years behind. That’s not to say they don’t need support but it’s just so bludy specific and so many hoops to jump through. Working 2 years behind isn’t enough.

I don’t know what they answer is OP but it’s rubbish that there ain’t more support

DC do not need to be academically behind at all to get an EHCP. Let alone more than 2 years behind or for an EHCNA.

Some areas don’t state primary need in EHCPs, but even if they do, most DC will have some needs and require provision across all 4 broad areas (and PfA where relevant too).

Agree - also a SENCO for many years. School have to prove a range of reasonable adjustments and interventions. The diagnoses in themselves are not enough.

This is correct - I’m an examination access assessor. No EHCP is needed. If school has said this I’d be worried about the SENCo.

Apologies if not, but if this comment is aimed at me regarding the 2 years behind,
then I believe your wrong. To get an EHCP based on cognition and learning, they’ll have to be significantly behind academically. Working two years behind wouldn’t warrant and EHCP according the the EdPsyc that was involved in getting my DC an EHCP.

Yes you can get an EHCP for your DC if they’re able academically however they have to have significant struggles in other areas and from this post that doesn’t seem to be an issue and the focus is mainly on his academic ability.

I am not wrong. The legal test does not based on academic ability whatever the primary need. This is a myth LAs like to perpetuate. As I said, many (most) DC will have needs across all 4 broad areas regardless of their primary need. In OP’s case, her DS will have needs across all 4 areas, the limited information in her OP signifies that. It is unlikely DS’s primary need would be C&L even if her LA states a primary need.

Unlikely to be C&L, not because he doesn’t have C&L needs, but because it is more likely to be C&I (or ASD for those LAs who use ASD as a primary need) because in most LAs who state primary need where there is ASD in the picture they often lead with that as primary need.

LA EPs often perpetuate LA policy rather than the law.

It almost certainly won’t happen for C&L that’s what I was getting at, but my point is that’s what the OP is focusing on and it’s no wonder they’ve said no based on that alone.

I know what you are getting at and it is wrong to say you can’t get an EHCP unless DC is more than 2 years behind. That applies whatever the primary need.

For a 14 year old it's about how well they are progressing with preparing for adulthood. It should be much less about simple academic criteria at year 9 plus.

The 4 areas that progress needs to be considered against are the prep for adulthood ones - employment, health, community inclusion and independent living - and how well the young person is progressing towards an independent adulthood.

The "primary need" in terms of Cog and learning, communication and interaction, physical and sensory or SEMH does also still have to be identified but it's most often a sort of guidance for the LA on what sort of specialist placement they would look at if needed and for broad coding and tracking.