Deregister or wait for EHCP?

[Ralphswife]

Long story but DD is now out of school following an incident a couple of weeks ago. We finally have CAMHS involved but she is adamant that she will not be going back. School had started the process of applying for an EHCP and CAMHS is saying we need a back to school plan - implication being that she has to go back (and fail?) in order to get the EHCP. I can see the benefits of pushing ahead with the school process - but having thought about home ed for a while now I am equally tempted to just deregister and get on with it.
I am 100% sure that mainstream school is not an option at the moment, and I am also sure that DDs current school is doing everything they can within the limits of resources and time, but I really don't want to put her back in that environment.

[JustKeepBuilding]

Don’t deregister and EHE. Parents often find it easier to get support if their DC remains on roll even if they don’t/can’t attend. Crudely you are someone’s ‘problem’ whereas if you deregister and EHE it is easier for professionals to sweep DC’s needs under the carpet. If you deregister the LA will say you are making suitable alternative arrangements thereby relieving them of their duties.

If DD can’t attend school full time the LA should be making alternative arrangements under s.19 of the Education Act 1996.

implication being that she has to go back (and fail?) in order to get the EHCP.

This really isn’t true. Where are you in the EHCP process?

[Saracen]

Can you envision any provision the LA might make via the EHCP which would be preferable to home education? For my child, I felt that an EHCP would at best give access to somewhat less unsatisfactory provision than she would have received without it, so I never bothered to get it. Elective home education has been brilliant for her. Obviously it will depend on the particular child's needs.

If you could start from scratch and design the ideal education for your child, what would it look like? In practice, do you think you can get closer to that with LA-provided education or with EHE?

If obtaining the EHCP is very important, then you need to figure out whether you can acquire enough evidence for it without subjecting your daughter to an unsuitable school environment just to prove how damaging such an environment is. You can apply for it directly while home educating. Opinions vary on whether it is essential to keep a child on roll at school in order to have a decent chance of getting the EHCP.

[Ralphswife]

Thank you both.
The school started doing the paperwork before Christmas. She has a (private) diagnosis of ASD and ADHD. School started putting support in place - but none of it was affective as DD was/is too anxious to ask for any of the support available.
DD is bright and an expert at masking. Sailed through primary "under the radar" but I now have two independent opinions saying that she might benefit from a specialist setting. I guess I would be hoping that the EHCP would offer a route to specialist provision or funding to provide a more suitable school environment.
I also work so I'm not sure that I could support full time EHE.
We have had one meeting with CAMHS which reduced her to tears as the focus was on managing her back into school.

[OutDamnedSpot]

What exactly do you mean by ‘school started doing EHCP paperwork before Christmas’? Have you seen it? Do you know what stage you’re at? I ask this because about a year ago I was also blithely saying “school are reapplying for an EHCP” but they bloody weren’t, and they lied to me about it for months. In the end, applied myself and was successful. I’d highly recommend the IPSEA website for support with doing it yourself. There are model letters there too.

while waiting for that, would school accept a flexi-school arrangement? Maybe attending in the mornings, or only attending English and maths? That way, they can focus their support on fewer lessons and you can see what Home Ed would ‘feel like’ for you both?

[JustKeepBuilding]

Has an EHCNA request actually been submitted to the LA? If so, the LA must inform you whether they are going to assess or not by week 6. If a formal request hasn’t actually been submitted you need to make this request ASAP.

An EHCP can give access to provision well in excess of what the vast majority of parents can provide via EHE. That’s not a criticism of anyone EHEing, but EHCPs can provide provision that the vast majority of parents can’t fund even with the best will in the world. For example, DS1 has an EOTAS package costing well in excess of £100k pa. There’s no way we could provide that.

And the EHCP provision doesn’t have to be any different to that you would fund independently if you were to EHE, just the LA fund if rather than you.

You don’t need to subject DD to an unsuitable environment in school in order to get an EHCP, but that doesn’t mean you have to deregister either.

[Jennybeans401]

@Ralphswife we are in a similar situation. We're on our second school and this one is better for SEND but still not many resources. Mu feeling is that we could wait and see or EHE if it doesn't improve.

In your situation I would EHE, processes take way too long and if your dd is really suffering its worth giving EHE a go.

[JustKeepBuilding]

Processes don’t have to take too long.

S.19 provision must begin once it becomes clear 15 days will be missed, the days don’t need to have already been missed or consecutive. If the LA don’t provide it JR is a relatively quick fix, often the threat to the Director of Children’s Services works very quickly.

An EHCP does take longer, but LAs can be forced to stick to the statutory timescales and medical needs tuition has to be provided in the meantime.

[Ralphswife]

Thanks @Jennybeans401 and @JustKeepBuilding
I have received the parent paperwork for the EHCP (actually EHCNA?) from the school today. I am quite happy with how that is progressing. The school is recording all absences as authorised absence at the moment so I don't know if the 15 day rule applies. They have also agreed to send work home - so at this stage I don't see an immediate need to deregister. I just worry that in a year's time we will still be in the same position in terms of school attendance (either no progress or limited additional support which doesn't meet our/her needs).

[JustKeepBuilding]

Yes, s.19 of the Education Act 1996 applies. Work sent home by the school does not relieve the LA of their duty to provide education, the LGO are clear on that. It is worth pursuing this with the LA.

Has an EHCNA request actually been submitted? If not, you should do it yourself.