DS1's EHCP 1-2-1 not appointed due to recruitment freeze - huh?

[TheCountessofFitzdotterel]

DS1 has been having behavioural problems at school over the last couple of years. After various assessments he has been given an EHCP plan including funding for a one-to-one. We got the approved EHCP at Easter, they advertised immediately and I understood they were interviewing a few weeks later.

I asked what was happening last week and was told they had had to halt the process due to a recruitment freeze and they will start again in the autumn. (I am not clear whose recruitment freeze, whether the school or the LEA).

I am simply confused - surely the funding is in the EHCP so he should get the one-to-one no matter what? Does anyone understand how this can be right? What happens to the funding the EHCP provides for if it isn't spent?

He has actually been coping really well since Easter, without the one-to-one, but I am not sure that's really the point!

Does his EHCP actually state that the hours must be 1-1? I only ask as DD has a statement (moving to an EHCP at the moment) and hers says she is entitled to x hours support which can be 1-1, in a pair, group or as the school see fit (or words to that effect). In her class there are 3 children with statements, and next year there will only be 2 TAs in the classroom as I think they have found that the 3 they've had this year has just been a bit OTT - 4 adults and 20 children!

This is all legal and fine.

You may find that they are offsetting the cost of the classroom TA, using his EHCP money, which allows them to provide enough support to him, whilst also supporting others in the class.

Thanks Galena. I will get it out and check.
Before his EHCP came through, when he was much more in need of one-to-one help, he was getting it from the class TA and other TAs who seemed to have some time free in their timetables which the school was able to direct his way. So I am reasonably happy if it is being done the way you describe, except that I had hoped for some continuity of one-to-one as he went into the new class to help provide some stability during the change.

The important issue is that the school spend the funding allocated from the EHC Plan to best help your son. That does not necessarily have to be with a 1to1. But the school should be able to explain what the funding is being used for and for it to make sense to you. It should not be just being used as general running costs in the school.
You should also be aware that in most LAs the funding given is not sufficient for a TA with all add on costs, it is for a nominal 32.5 hours or whatever it is. The school is supposed to contribute the first £6000 in terms of funding for pupils with an EHC Plan or SEN statement if he is in a mainstream school.

If the EHCP is finalised the school have an obligation to provide the support detailed in it immediately. You need to point out to them that the EHCP is a legal document. If they are not providing the support needed you need to contact the local authority and notify them as they have overall responsibility here. Contact IPSEA for further advice about getting the provision in place if you struggle. The school do not have to recruit someone new but can provide from the staffing they already have and as already stated above you need to be sure exactly what the support detailed says. "Access to 1:1 support" means nothing in terms of how it is enforced unfortunately and if he gets a little support now and again then they can argue he has had access. If however the EHCP states for example "25 hours 1:1 support weekly" then clearly this is well defined and it is clear if there is a breech or adherence to what has been set out.
The school can not use the lack of them having funds as an excuse not to provide the help he needs.

There is also a case to be made that 1-1 support can create a dependency that is not beneficial to the child's development of independence. But as long as the school can explain how the funding is being used to support your child, whether that is in a group, pair or some other arrangement and can define the hours provided, I'd be satisfied.

Just had DD's EHCP through. It says 'From its notional SENCO budget, plus any top up funding provided by this EHC plan, the school/educational setting will provide:-
x hours support each week for...
Y hours support for midday supervision

This support should be used flexibly both in and out of the classroom, in groups and in individual situations, as and when appropriate.

So up to them if they provide a 1-1 or use the money to offset a classroom TA, as long as the interventions stated in the EHCP are carried out.