School refusal and EHCP and Home Ed

[catsruleok]

Hello, I would be grateful for some help.

My 15yo has been school refusing since April 2024. We've moved schools, Section 19 and various reduced timetables (and dropping 2 GSCE subjects) etc etc

He is unable to go the school, physically sick (ran away from home & the list goes on) and the poor guy is a mess.

School have just stated that if he is unable to engage with the latest reduced timetable (Learning Support then joining the classroom) they will be informing the School Inclusion Officer and the LA and a fine would no doubt follow and it would be out of the schools hands. We were fined at the last school for his school refusal and £320 or whatever it is for a 2nd offence will go a long way to help fund his home schooling.

Clearly mainstream school is not suitable for my son but we have gritted our teeth & been slogging away as we are going to Tribunal Appeal for his EHCP and felt we needed them for additional evidence.

The school have confirmed that things have changed from the original EHCP submission and they would be suppling different information if/when it goes to tribunal.

My son has ADHD, FASD (undiagnosed), attachment difficulties (undiagnosed) and Anxiety (undiagnosed) so my thought process was that the EHCP would help him in the future. Referred to CAMHS but they discharged him and referred back to Post Adoption Support.

Finally. my question - am I likely to get an EHCP without the school's
assistance ? Is it worth getting the EHCP ?

thank you

The legal test for an assessment is at 36.8 of the Children and Families Act - that the child “has or may have a special educational need which may require provision in the form of an education health and care plan.” That’s it.

Then whether the LA issue a plan will depend on the needs and provision identified in the assessment. Just being unable to access school is evidence in itself. The FASD etc are all things which can be discussed when you see the community health person (usually a paediatrician) who will be able to advise further.

Additionally you can apply for the EHCP yourself. And essentially it forms a legally binding contract between the LA and the child around what must be provided. And it can run till they are 25. So yes. Well worth having.

Have a look at IPSEA for further reading.

Is your appeal against a Refusal to Assess?

The absences should be being recorded as authorised. If DS is absent due to ill health the absences must be authorised. Write to the school reminding them the Regulations (School Attendance (Pupil Registration) (England) Regulations 2024) make it clear where a pupil is absent because they are unable to attend due to sickness the absence must be regarded as authorised. DfE’s statutory attendance guidance also states absence due to illness (physical and mental ill health) must be coded as I and unless the authenticity of the illness is genuinely and reasonably questioned must be authorised. Authorised absences will not lead to fines.

Yes, an EHCP is worth it. Although if you electively home educate, the LA doesn’t have a duty to provide the provision in F of an EHCP. However, mainstream isn’t suitable, there are other options. And if school is inappropriate, there is EOTAS/EOTIS. And EHCPs can include MH support even when DC don’t meet the CAMHS threshold. You don’t need the school’s support to get an EHCP.

The LA should be providing section 19 provision. This must be whatever is suitable. If it isn’t/hasn’t worked so far, the LA needs to adjust the provision. The possibilities are numerous and can be tailored to DS’s needs and interests.

Hello thanks for your time - yes it was & my apologies as I should of added that bit of info

I know it is not all about me but I am feeling very over whelmed at the mo. These kids must feel like this constantly 24/7

it IS overwhelming OP! Be gentle with yourself, you’re advocating well and he’s lucky to have you x

It’s possible for the LA or school to arrange tuition at home for your DS in these circumstances.
It’s helpful to have an EHCP in place but not essential.
Good luck in getting what’s needed.

It is overwhelming and often feels like the system is set up to frustrate. LAs try to refuse everything. The IPSEA website is very good for giving correct bit of the law or clarifying what the process should be

An EHCP is important because it can provide more support than s19 provision can. It is also important because s19 provision only applies to CSA pupils. Whereas, EHCPs can last until 25, or 26 in some situations.

Please get GP support if required to get the absences marked as mental health authorised they should not be fining you. The “not fine school” group n FB has lots of advice. The advice that @perpetualplatespinning gives is normally excellent they are a very knowledgeable poster with a lot of experience in this area.

Prioritise his mental health he may need a complete break from education to heal and re-cover. Exams can come later as and when needed. There’s lots of different routes to learn. You can get the EHCP but it’s a long haul to get EOTAS and knowing how to fight the system and get the right evidence to support your case is key. Have a look for some real life support for yourself too as it can be a lonely place advocating for your dc in a broken system.

Prioritise his mental health he may need a complete break from education to heal and re-cover. Exams can come later as and when needed.

This is so very true. Mental health has to be the priority. Academics can always come later. Exams are of little use if DC can’t function in everyday life.

What is your purpose in applying for the EHCP? Are you trying to get the EHCP in order for your son to return to school? Or are you trying to get it to have some extra help with home education?

You can apply and get an EHCP with no input from the school. Children who are home schooled, whether by choice, or because there is not provision of a school place that meets their needs, can have EHCPs. These children may not have a school that can be involved in the process, so yes you can get an EHCP without in put from school. I don't have experience of home education with children with EHCPs, but I imagine that you would still get the funding attached to the EHCP for spending on home schooling resources and/or services to support with home schooling. If you are not aiming to reconnect with a school, even with the support the EHCP might give, I would suggest that you don't need school to have in put on the EHCP.

If you are aiming for the support the EHCP provides to be help in getting your son back to school, then theoretically you could also apply without the school being involved, but I would have thought that the school's involvement would be helpful in ensuring that the support provided is really going to be of most benefit to your son in the school environment.

My daughter is the same and I have now removed her and signed her up for home schooling. In my local authority they are taking far too long for EHCP and so I’ve not bothered to submit it. Getting her through her GCSE’s and on to college is now my only focus. I would just find an alternative and get him learning in the best way for him.

Just get the application in! It’s a letter the template for which is on the IPSEA website. That starts the clock ticking.

I don't have experience of home education with children with EHCPs, but I imagine that you would still get the funding attached to the EHCP for spending on home schooling resources and/or services to support with home schooling.

LAs do not have a duty to fund provision for DC EHE. Consequently, in the vast majority of cases, LAs do not provide funding. Although the EHCP continues to be maintained. The LA must not cease it just because a child is home educated. Very, very rarely is a personal budget given for EHE.

EOTAS/EOTIS is different. That isn’t EHE and the LA remain responsibility.

@MellowPinkDeer personally, I would still request an EHCNA. Even if it takes a while because you have to appeal, it can still be helpful for college.

I’ve pretty much done the form but it just didn’t feel like the place I should be using my energy whilst she’s not in school ( and school have been brilliant in trying to support in a wide range of ways) I might come back to it, she know where she wants to go to college etc and should still get the support she needs regardless .

Morning
thank you all so much for your time and information.

Even if we got a EHCP could it be just English and Maths only at school which clearly he would not manage. Online learning we think will be the only way to proceed.

In October the GP issued a sick note but the school rejected it and have repeated many times that any medical evidence would need to come from a consultant.

I recently quoted from our LA's EBSA (Emotional Based School Avoidance) Guidelines that the principal/head teacher could sign him off and the school replied "your child hasn't met the threshold for CAMH and is currently not receiving any support. As a school we feel we have the provisions to support him in accessing his learning"

Full time in Learning Support or the Inclusion Room are not options for the school only a return to the mainstream class is.
He started in September and I don't think he even did a PE lesson !!

He finds it easier to text us his feelings (possibly he is using AI to collate his answers - who knows) and he is mess.

You have all hit the nail on the head that his mental health is the most important thing and clearly he is not in a good place.

We are looking at a mediation meeting by mid July so no idea when if we stayed at the school (with him not attending) how long the EHCP would take to be effective.

These poor kids

I think you misunderstand what the EHCP is. It is a description of your child’s SEN and barriers to education, and also encompasses heath and social care, and then a prescription for what must be done to remove those barriers. It’s not just a matter of dealing with English and maths. There (should be) is a whole battery of assessments to inform the plan, in depth information gathering and then coproduction of what works for your child.

Provision in an EHCP wouldn’t just cover English and Maths. If provision in school was inappropriate, provision doesn’t have to be in a school either.

Rather than quote the LA’s guidelines, quote the law, statutory attendance guidance and the arranging education from those unable to attend school guidance. What these say is more important than local guidelines. Medical evidence does not need to come from a consultant. Even if there wasn’t any medical evidence, which there is, the LGO is clear no medical evidence does not equal no duty to provide s19 provision.

For s19 provision, it is the LA who is ultimately responsible. They must ensure suitable provision is provided. Speak to the LA about this. IPSEA has a model letter you can use. If the LA refuse, you need a pre-action letter. SOSSEN can help with this but there is a wait, so you may want to look elsewhere.

Personally, I wouldn’t bother with mediation. Just get the certificate and submit to SENDIST. You can request your hearing is expedited on the basis DS is not in full time school.

👆 This.

Hello

you are both right that I missing the point of the EHCP.

lots of info here to digest and take forward, again my huge thanks

Do look to see if there are any local support groups for send or ECHP in your LA /county run by parents normally. For my area there are a few different face book groups where we share local intel and issues plus other support. Ipsea are great and have lots of nationally legal based advice and help. Locally you may find advocates who offer paid support but honestly you can learn a lot yourself and unfortunately when your dealing with a school like yours you do need to be very aware of the law or they will lie & misdirect. At the end of the day you normally know your child best. If you want more information on what’s possible for home Ed do look at HEFA home education for all on face book. There are loads of options if you have the money & time to facilitate it, which can be the barrier to many working parents.

My DD is also adopted. Solidarity.
DD was in y10 when covid hit and never returned to school, missing y11.
At the start of college it became clear she wasn't coping and we applied for an EHCP.
The actual contents of the EHCP are a bit so so, but it has enabled

• flexibility over sitting maths and English gcse
• flexibility on attendance
• very slow route through college (currently finishing 'y15')
• possibility of a Supported Internship next year - support into work.

You shouldn't get fined if MH is such that attendingbschool isn't possible.

DD's therapy through PAS has been great.

DD (adopted) has an EHCP - it means the LA is funding individual tutoring in English and Maths because she failed her GCSEs and there weren't any places available in our local FE College. Worth having.