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?

My DD's "primary need" stated in her EHCP is not (in my opinion having known her her whole life) her main or most significant need, but it was what the LA put, and I couldn't get them to change it.

Some EHCPs don’t even state primary need (or secondary needs). Although it will be recorded behind the scenes.

I said for Cognition & Learning and I’m not wrong to say that. Lots of kids struggle but don’t get anywhere near an EHCP.

Most children struggle over a few areas particularly if they have ASD but no significant enough to warrant an EHCP. Having a diagnosis alone doesn’t mean extra help that’s the top and bottom of it

You are wrong to say a child must be more than 2 years behind to get an EHCP. That applies whatever their primary need. It is certainly what many LAs want parents to believe, but it isn’t the law.

This academic year alone I have supported parents with a DC with an MLD diagnosis who wasn’t 2+ years behind get an EHCP and a mother with a DC with SpLD who wasn’t 2+ years behind get an EHCP. Both have primary needs relating to C&L.

I haven’t said a diagnosis alone means a child or YP meets the legal threshold for an EHCP.

Well the Educational Psychologist that helped my DC get a EHCP obviously is taking nonsense. I’ll point her in your direction as you seem to know more than her.

This literally looks like my handwriting as an adult with hypermobility. Tbh I think you are expecting too much by wanting an EHCP. Plenty of people with those conditions manage absolutely fine without them and achieve well academically.

Well, many LA professionals including EPs do perpetuate the myths LAs like parents to believe.

@Futb EPs employed by a local authority are going to follow LA policy. That doesn't mean they're following the SEN Code (2014).

Why do you think so many of us have to take the LAs to tribunal? Do you think parents are doing that for fun?

If you want to read the SEN Code (2014) yourself it's freely available online. It says nothing about children needing to be two years behind. That's a made up LA rule.

Don’t be silly of course they don’t do it for fun, but they have to have significant need to get one.

And even then there are times the SENCOP and the law are at odds. It is why there is case law about the SENCOP not overriding the Act. And in respect of when an EHCNA should be undertaken, why the Noddy guide covers the SENCOP including considerations that are not part of the test set out in the Act.

Yes, but there is nothing in law about "two years behind".

EHCPs may and are issued in situations where the child is academically able but it takes much higher than normal resources to achieve that because they have (for example) a physical disability or sensory needs.

If you care to read all of my posts then you’ll see I was referring to 2 years behind specifically to do with C&L ‘category ’. This is what my child’s ED Psch advised me. They obviously have guidelines to use so I’m more inclined to trust what she says than randoms on the Internet. It was her report that got my child the EHCP not the SENCO, though she was amazing too.

As I’ve said several times, of course there can be times where EHCP’s are issued when the child is where they should be academically and it could be significant emotional and social needs or as you say, physical disabilities.

THIS particular case there is no mention of significant physical/sensory needs and the focus is specifically on their DC academic ability so I gave my advice based on the limited info given.

It’s a long hard road to get an EHCP and not for the faint hearted and they don’t give them out for fun either. It’s tick box exercises and it shouldn’t be but sadly that’s certainly what I was like about 3 years ago - unless it’s been changed. It’s fine to say crack on go ahead try again and again push push push but the reality is not everyone will get one for their child, even if they agree to look at it.

Whatever needs a child or young person has, there is nothing in law about needing to be 2+ years behind in order to get an EHCP. Or more accurately in the OP’s current situation, an EHCNA. The legal test is the same whatever the child’s needs. LA ‘guidelines’ aren’t law. LA professionals often give incorrect information based no unlawful LA policy.

I trust the Ed Psych

That doesn’t change the fact it is not correct that a child or YP needs to be 2+ years behind.

I disagree

Disagree with the law all you want. That doesn’t magically change what the law is.

Considering that the drawings are what I could produce, I'm saying 35.

We currently have over half a million school children with EHCPs. Not unreasonably there are ever tightening rules about who can be granted one.

In theory anyone could apply for an EHCP and legally they have a right to do so. Even if they agree to look in to it, whether it gets approved is quite another question so the law is a moot point in that argument.

Any experienced senco will know if it’s likely to get approved or not. Given the Ed Psych report is an important part I think they have much more awareness of what’s required - far more that the council ‘decision makers’

For the third time
It does not matter how many years behind a 14 year old is.
It's not about that.
It's about how they are progressing towards the preparation for adulthood goals.

The argument on how many years behind a person needs to be or not be is the wrong argument.

This often opens up EHCNA to youngsters who may not have needed it before. For example there is a group of autistic students who are academically able and may not need academic support lower down the school; however their progress towards independence may be severely delayed. Targets should focus on developing life skills and planning for independent living (or as close as possible). There may be academic targets too but these usually shouldn't be the main focus of an EHCNA at this age.

www.kids.org.uk/wp-content/uploads/2023/09/Preparing_for_Adulthood_with_SEN.pdf

Not unreasonably there are ever tightening rules about who can be granted one.

This is not the case. The legal test is the same. LA policy is not law. There has been some case law, mostly in favour of the child/young person such as any decision should be future looking and take into account upcoming transitions and it being possible to get an EHCP even if the school could do more but won’t.

Any experienced senco will know if it’s likely to get approved or not.

It also isn’t uncommon for some schools to incorrectly tell parents their DC doesn’t need or won’t get an EHCP but the parents go on to successfully secure one themselves. Yes, sometimes, having needed to appeal.

Given the Ed Psych report is an important part I think they have much more awareness of what’s required - far more that the council ‘decision makers’

LA EPs are often following LA policy rather than the actual law, so this often isn’t the case.

He's 14, no significant mental health issues, no school refusal, no challenging behaviour, no need for specialist provision or services....the LA will want decent evidence to proceed. And I don't think the OP has it. Imo best to commission a speech and language report.

Thanks for that link, I find that really helpful for my own personal situation.

This checklist is also helpful for PfA. Although it is a PDA Society link, it was written by Educational Equality. The resources on NTDI’s website are also helpful.