School gatekeeping access to EHCP and mental health services

[HowToAdultPlease]

DD is in year 6 (10yrs old) in the UK.

I have formally requested access to mental health care and SEN assessment at least 3 times over the last 18months. Each time they say they will 'when they have the money' for the mental health concerns and nothing much more than 'chats' with the pastoral team happens, as he already had 6 weeks of TAHMS care just before the pandemic and he 'says he's okay' but he gets so anxious about school some days (maybe a day or so a month) I cannot get him to school. We are currently awaiting a GP assessment in November for his anxiety, but I have asked the school for more help their end in the meantime.

As for my request for SEN, it is for several reasons; I see clear indicators in his written and spoken English (reversals, phonetic spelling, several different spellings of the same word on one page, word subsitituion, illegible handwriting, slow working, reluctance to read aloud, etc) and have been told he is as behind if not more so in Math; his bio dad has diagnosed Dyslexia, both sides of the family have a history of anxiety which has had to be medicated, and i have diagnosed Dyscalculia and I am also currently being assessed for ADHD and Autism via a psychologist, so there is a strong family history of both mental health issues and SpLDs. On top of this he has been receiving SEN support since KS1 and school is constantly telling me I need to add more and more onto his home workload (he already does more than his classmates) because he is 'significantly behind his classmates', when it comes to me asking for an assessment "Well, after COVID they are all behind, aren't they?" was the response I got. When I asked why the teacher is telling me he's behind them, and pointed out he was behind before COVID, she said 'well his teacher says she isn't worried to me, and COVID just made it worse, so there's no need'.

Today I wrote an email rather than talking to his teacher/head/pastoral team in person. Seems to have given the head a swift kick up the bum for now, but I still feel I am being fobbed off. In the first instance she responded to this with a call, but has since followed up on the mental health requests in the email, but it's still a 'we'll see what we can do' tone.

The big issue is she completely left out the bit about me asking for an SEN assessment and an ECHP assessment. On the phone she glossed over the SEN as above ('all behind after covid' bit) and told me as he is in year 6 the LA will not consider an EHCP.

I have thoroughly reviewed the Local Offer and nowhere does it say anything about not being able to have an EHCP in year 6. I fully understand that any in place now would not be in time for a school application for year 7, but that is not a concern as he is in a feeder school for both his 1st and 2nd preference and is within 1 mile of the primary, which their head says they have never been unable to offer within that range. I am waiting for advice back from the SIAS who independently advise on SEND needs, but does anyone here have any experience with ECHP application in year 6? I want to do it directly anyway but she has made me doubt myself.

SENCo here. A child with dyslexia / dyscalculia would not necessarily reach the threshold for an EHCP. If a school is able to provide the support he requires within their own budget that would suffice. There is, however, nothing to stop you applying for an EHCP needs assessment yourself. If you contact the SEN team at your LA they will talk you through the process. Once they receive your application, they will contact your DCs school ands ask them for their input.
What SEN assessments are you asking school to complete? Have they carried out a dyslexia screening? (They would not be able to do a formal assessment unless their SENCo is qualified to do one). This would indicate how ‘at risk’ he may be. Similarly with dyscalculia. Sadly, budget limitations mean that schools are having to prioritise which children they engage outside agencies for - its not right, but it is the reality of underfunding at the moment, a bit like the NHS!
I see you have already spoken to your GP regarding his anxiety. Presumably he may be referred to CAMHs - if so, there’s not much point school also doing a referral.
What is it that you're asking of the school precisely? What have they already put in place?

You can apply for an EHCNA yourself, assuming you are in England. You don’t need school to. IPSEA have a model letter you can use on their website. The threshold for an EHCNA, which is the first hurdle, is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP.

told me as he is in year 6 the LA will not consider an EHCP.

This is rubbish.


I fully understand that any in place now would not be in time for a school application for year 7

You won’t have a finalised EHCP for the normal admissions deadline so should apply as normal, but if you apply for an EHCNA now you will have a finalised EHCP before the start of Y7 if you don’t have to appeal (although many do have to appeal). Without an appeal the process takes 20 weeks. If an EHCP is issued you will be able to name your preferred school then.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

In many areas you can self refer to CAMHS or the GP can.

You can apply for an EHCP yourself, however it doesn't not mean you will be first granted the assessment, and secondly, granted an EHCP.

Being in y6 means no difference.

Schools often will avoid having to request external assessments for specific learning difficulties like dyslexia because they don't want to pay for it. However CAMHS/GP won't pursue it either as they prefer the school to do it and focus on ADHD and ASD screenings.

Ask the school to do a educational psychologist assessment. These professionals can get an overview of need and recommend further signposting to ASD/DCD/ADHD and dyslexia diagnostic pathways. However, again school will not want to pay for this, it feels like a personal failure but it's the reality of school budgets.

Our Local Authority agreed to pay for educational psychologist but we had to pay for occupational therapy report privately as nhs/CAMHS/school would not (ds has sensory processing disorder and DCD)

Oh btw as others have said the local authority have 20 school term weeks to create the ehcp. This can mean exactly 20 weeks, it can run over but it can be less too .

Our EHCP was applied for 20th Jan and final draft issued 27th may.

My LA are renowned for trying not to grant EHCPs for children in Year 6, but they are dreadful in many other ways too. Definitely apply for the EHCNA. Trust yourself on this one and don't be put off by the School. Get as much support through the GP as you can and keep an email trail of absolutely all your communication. Follow up any meetings with an email, summarising what was discussed/agreed. IPSEA are an excellent source of help and I would recommend booking and advice appointment with them, even if you have to wait a few weeks. You can do this!

A child with dyslexia/dyscalculia would not necessarily reach the threshold for an EHCP: These are two of the issues, the other concerns are his severe anxiety, inability to advocate for his own needs, School Refusal, recent bereavement of an immediate family member, a very damaging split from 5 years ago which at least partially fuels his anxiety (father left and removed sibling, left him - now 0 contact bar a card at Christmas and birthday, no calls, etc), and possibly in the same boat as me with ADHD/ASD but displaying similar masking that held me back from diagnosis/belief.

What SEN assessments are you asking school to complete? Have they carried out a dyslexia screening? I've asked for any form of screening or assessment to rule out SpLD, they are hedging any request with 'they're all behind' while telling me they are doing all the extra they can so we need to do more at home. No assessment done, as he isn't at risk.

Through my own experience with SpLDs, I recognize many of the issues, and as such have asked for this assessment several times. Using info on The Dyslexia Association pages he meets all but one of the listed traits at home and school from what they have told me, and scores highly (25 'yes' responses) on their checklist

What have they already put in place?
He currently gets a mixture of additional help in both small group and 1:1 sessions with little improvement, this has been the case since before COV-19. He does approximately 3 extra reading/writing practices at home per week at present, and does 3 sessions of maths through a site provided by the school.

I see you have already spoken to your GP regarding his anxiety. Presumably he may be referred to CAMHs - if so, there’s not much point school also doing a referral. His initial consult for this is early November, but the school have access to TAHMS and an EP, though they are looking into the budget. They have stated in writing that school cannot refer to CAMHS 'only a GP can', which was not what I had read elsewhere, and you stating that they need not do it too seems to confirm they may be misleading me there.

Sadly, budget limitations mean that schools are having to prioritise which children they engage outside agencies for: Agreed, and as you said it isn't right, and insufficient funding does not remove my child's right or the state's duties to him.

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I was just about to hit send when they have got back to me with some of the details on what he has had (I sent a separate email asking for a written record of what help he has received since receiving help for SEN:
He has had a 'support plan' in place since year two and our meetings are part of his SEN Provision Plan. They have also said that he will likely not be considered for EHCP as he does not have an Early Help Record. This from what I understand focuses on the child and their home/family and does not assess extra needs in school, per the wording on the LA site. This does nothing to address what I have asked them which is what the SCHOOL or LA can do to provide. I would not be looking for an EHCP if I felt the school was doing everything in it's power to assess and help him. However, they are telling me they are actively helping as much as possible within their budget, and if funding is the issue keeping him from the service this is exactly what EHCPs are for, no?

From my understanding the only two requirements for and EHCP are:

1. has or may have special educational needs, and
2. may benefit from an EHC plan Any other requirements I believe are LA policies and would not hold up in tribunal should I appeal.

Early Help involvement isn’t necessary for an EHCP.

Oh btw as others have said the local authority have 20 school term weeks to create the ehcp. This can mean exactly 20 weeks, it can run over but it can be less too .

It’s not just term weeks. The LA must finalise within 20 weeks except if it would be impractical to do so because:
(a) the LA requested advice as part of the EHC needs assessment from the nursery, school or college attended by the child or young person during a time when it was closed for a period of longer than 4 weeks (i.e. in the summer holidays), or in the week immediately before such a closure, and this delayed the process;
(b) exceptional personal circumstances affect the child or the child’s parent, or the young person, during that time period; or
(d) the child or the child’s parent, or the young person, were absent from the LA’s area for a continuous period of not less than 4 weeks during that time period.

Our Local Authority agreed to pay for educational psychologist but we had to pay for occupational therapy report privately as nhs/CAMHS/school would not (ds has sensory processing disorder and DCD)

An OT assessment can be requested as part of the EHCNA and if the NHS can’t or won’t assess within the statutory timescale the LA must commission an independent assessment.

From my understanding the only two requirements for and EHCP are:

1. has or may have special educational needs,
and
2. may benefit from an EHC plan

Any other requirements I believe are LA policies and would not hold up in tribunal should I appeal.

Not quite but this is a line that gets regularly repeated on here. These are the criteria to trigger an assessment, not to have an EHCP granted and put in place. The threshold for assessment is low but the threshold for granting a plan can be much higher.

Regarding CAMHs, different NHS trusts have different referral pathways. If you go on your local CAMHs website, there should be information for parents which should say how they take referrals - if not, you can ring them directly to ask the question.
As others have said, an Early Help shouldn’t be a barrier to an EHCP needs assessment.

All I am asking for is the assessment, so this is fine by me. I know it may not automatically be granted, but he does have a right to be assessed.

Yeah, I was asking school in the first instance as this is, on most sites i've found, the recommended pathway. Now that they are still refusing and have said they won't in writing I will be applying directly myself as soon as the SENCo gives me the full details of care he has received and any more they could be doing (if anything).

I applied for his school place on September 1st when it opened, so this is not a concern, I'm fine with it not being in time for the admissions as he meets other criteria that the principle is certain will mean he gets in (we live less than 1mile in a straight line away, the closest has ever had to tighten it was 2.4miles before not allocating a place - everyone inside who applied got in and he sees no reason it will be different this year, so fingers crossed).

I'll bear in mind your advice about SENDIAS; I've already done some digging on IPSEA before this post and have done more with all the recommendations, so thanks to you and all others who suggested this, and I will definitely look into SOSSEN, too!

In which case, you'd be better making the application yourself. The school will only make one if they think he needs one and, clearly, they don't.

If you apply, the school will still need to complete their sections but it may help you anyway: some authorities, like mine, take parental applications more seriously than school ones. You'll also have more recourse if it does get rejected than if the school makes the application.

Thanks for this, I've checked there and the site clearly states they can be self/parent-referred, GP-referred or school-referred. When it is suitable to do so I will make sure the head teacher is aware of this so she can avoid, I am sure accidentally, telling people they cannot.

Thanks for SENCo input on ECP and EHCP - I know it can vary by area but again, good to have some sense of where the law lies, rather than policy.

Absolutely, I'll make a start on this in the morning, for now it is time to do supper and get his reading bits done before a nice shower and bed. Then I can relax - been a long day full of focus and my poor little brain is overworked😅

In your position I would apply for an EHCNA, no need to wait for school. If it’s rejected appeal and you will probably get one.

It's not unusual for children to enter secondary school without support in place as their primary school states they are coping. Then when they start it falls apart rapidly and takes time to get an EHCP.

Don’t wait, just apply yourself. Waiting means delaying DS getting the support needed. If you have to appeal as many do the wait for a hearing is around a year at the moment and ever lengthening so the quicker you apply the better.

You'll also have more recourse if it does get rejected than if the school makes the application.

I agree OP should just apply herself, but the recourse for challenging refusals is the same regardless of whether it is a parental or school application. Only parents can appeal so it doesn’t matter who initially applies.

Be prepared they may refuse to assess and tribunal dates from applying are now 11 months away, I have heard today (September). CAMHS thresholds are incredibly high, but there may be charities that can help once 11. In fairness to the school, the fact he is getting small group and 1:1 work, there may not be much else added with an EHCP, but good to have for secondary as less TA's.

EHCPs can include much more than small group and 1:1 work, including therapies.

Apply yourself. And quote the legal threshold for assessment as they can't really argue. Collect all the professional reports yourself.

I have no time for mainstream Sencos. I only have my experience to go off but they (3 different ones) nearly ruined DS education. Endlessly saying he would never meet the threshold for an assessment - he did, 'the professionals won't give anything we've not tried' - they did, in abundance, 'he'll never meet the threshold for a plan' - he got one easily. 'He'll never meet the threshold for a Sen placement' - he's been in one for 4 years and thrived the minute he got there. Their contribution was telling me he needed to learn to be like everyone else and fit in 🤷‍♀️

You can apply fir an EHCP yourself. Do it. Ipsea have advice on how to do so.
But it will in all likelihood be rejected. You can appeal. You will need to get independent reports and assessments. This will cost you. There is no guarantee of success. Quality first teaching will be mentioned. Most kids with dyslexia do not receive 1.1 support.

The anxious behaviour and issues around bereavement mean you again will have to seek support. In an ideal lively world schools would be able to pick up the kids the NHS can't deal with. In the real world they can't. They probably do not have the staff to provide your ds with the mental health support that you think he needs. What they will say is that he can chat to his form teacher and that they will do their best to help him when he is in school. If his attendance is poor they will discuss barriers to attendance but that does not mean they will offer counselling. Schools are being turned to by parents as the NHS is overwhelmed and underfunded. All external services have raised their thresholds. School is no different. They are not mental health services and can't do this job with the funds and staff they have.

Do you have £720 to spare? If so I would just go via the British Dyslexia Association and get an ed psych assessment yourself.