EHCP dilemma

[Mum54321]

Hi there,
My children attend the independent school where I teach. I’ve known they had difficulties from early on which is the only reason we chose to send them there so they could benefit from the smaller class sizes. My daughter was diagnosed with atypical autism aged 9 (2.5 years ago). The school senco repeatedly told me that we wouldn’t qualify for an EHCP so I delayed doing it. I finally decided to go for it myself after an appointment with a new paediatrician. The forms were so much work. We worked on them nightly for over a month till past midnight most nights and employed a consultant to help write the school section. The hard work paid off and we have just been granted an assessment for an EHCP without having to go to appeal. I just wish I had not listened to the school as they really put me off applying. It has effected my relationship with some of my colleagues as I’ve had to be a pushy parent at times to make sure the children have had what they needed. Although I’m over the moon to have proved them wrong I’m wondering if I could sue them for consistent incorrect advice? What do you think?

To be honest, no. You'd have to prove that no reasonable professional in their position could conceivably have given the same advice. SENCos all over the country are giving similar advice, not least because they know that a number of local authorities are refusing assessment virtually on an automatic basis because they know that only a minority of parents will appeal. Bear in mind, too, that an agreement to assess doesn't automatically lead to an EHCP being issued; it is still open to the LA to refuse.

And you would have major difficulty in providing what your loss is. There isn't really a cost for your time; if you paid a professional to help, that was essentially your choice - it wouldn't be the norm for a school to do that, so you can't claim that as part of your damages. It is near-impossible to prove damage resulting from delay in addressing needs, and in any event you have a duty to mitigate loss by helping your child to make up for the effects of delay - which no doubt you would be doing anyway.

Thanks so much for your advice- I think you are right - it would be extremely difficult to do. I just wish I had listened to my gut instinct and done it a year ago.