School not following ehcp

[Funnyface1]

Hi all

I posted something similar a few months back but haven't been able to resolve the situation yet so asking again for advice.

My ds is 7, youngest in class and started year 3 in a new school last September. While he doesn't yet have a firm diagnosis, he's had learning delays, particularly in speech and has required help since starting nursery at just turned 3.

His infant school was fantastic, applied for funding and a statement immediately. This later became an ehcp. He has full time one to one help throughout infant school and it benefitted him massively. He can now talk (so much that speech therapy have discharged him), read, write, spell etc. This is a child who was severely delayed and predicted never to improve.

He moved to the new school in September and immediately I knew things were going to change. They said he'd have one to two with another pupil, then it changed to one to three, then small group work until eventually he seems to be getting nothing more than a general extra eye on him from the class ta.

I have tried to talk to the school, asking exactly what is outlined in his ehcp and what funding they are getting for him. Always get fobbed off and told they are supporting him with afternoon intervention groups like "Lego therapy".

To cut it short I've received his new ehcp and it states that he should have full time one to one support and that the school receive funding for this.

I have spoken to his teacher who said "it's not my decision" and that the funding wouldn't cover a one to one. I have read however that schools are obliged to fund the initial £6000 out of their budget. They are banking on me not knowing this by the looks of things.

I have requested a meeting with the schools senco and heard nothing.

I just want what is best for my little boy and what he deserves. I feel so lost. Thank you if you read all that.

Also meant to mention that he has improved so much that he almost doesn't seem to be considered as a child with additional needs. But this is because he had such amazing help at the old school. He has proven he can learn, but he needs that extra guidance. If they just strip it away he will fall behind again, as I feel like he is now.

He is a very easy, well behaved child and it also feels like they don't prioritize him because they don't have to, because he doesn't cause them any trouble.

The EHCP is a legally binding document with you and the local authority (not the school) if it says he should be getting 1:1, that's what he should get. School is either getting the money and lying to you and using it elsewhere or not getting the money, in which case the authority is breaking the law for not meeting his needs. Either way, your next move should be in writing to the team leader of the SEN team at your authority, stating your sons needs are not being met as laid out in his plan. I can speak from experience with this as my son is 13 and five times at his secondary school I have had to ask the Authority to meet with myself and Senco to get his plan on place. the Senco tells big porkies Look at www.ipsea.org.uk for advice on legal duties and example letters etc. Don't waste your time squabbling with school but get a good paper trail in place of you can.

Lansbury thank you so much for that reply, really appreciate it.

I'm giving the school one more chance to communicate with me, going to ring shortly. If I get nowhere I will get in touch with la as you suggest.

I swear I did type lanbury

Good luck - put your request to school in writing

Funding is not your problem. If the EHCP properly specifies the required 1:1, it is the local authority's responsibility ensure that your child receives it. The school also has a duty to use its best endeavours to make sure the support is required. If the school thinks it doesn't get enough funding, it needs to argue that out with the LA - it's not a valid reason in law not to give your child the right support. Ultimately, if they won't sort it out, you need to threaten that you will enforce your child's rights by applying for judicial review. They won't risk you taking it to court, but if they did, the case would be in your child's name and could be funded via legal aid.

Bibesia thank you, another great reply, thank you so much. I have a meeting set up with the school senco for Thursday so need as much info on how this all works and what our rights are as I can get.

I've never had to delve into this stuff before because the infant school was so well run, they really cared about him and all the help was properly in place.

Unfortunately part of the problem comes from the fact that schools are so underfunded in general. Whilst EHC plans often outline support that needs to be put in place, it often doesn't outline how much extra funding the schools are getting to actually then do this. In lots of cases, the schools are expected to be able to provide this support with top-up funding, when in reality this is just not possible.
If your child needs a 1:1 ta, then the local authority needs to cough up funding for the complete pay of a ta for your son full time. If not, then how do they or anyone else expect the school to be able to provide one.
I'd ask them how much specifically they are giving the school to support your son, and then go from there.

CityTeacher thanks for your reply. I think the issue I'm having is that the school receive funding for every child in the school, they receive an additional budget for Sen children, they also receive top up funding specifically for my child. The la have clearly outlined the support that should be in place for my child and the school have completely disregarded that for an entire school year.

Whether they felt they needed more finding or not, they should not use all that money however they fancy whilst failing my child. The ehcp is legally enforceable. The school have been directed to support him, they haven't done this and need to be held accountable.

Yes exactly Funnyface this has been my experience. School gets the money but doesn't spend it on my DS. Whilst I appreciate the school is massively underfunded, that's a whole different battle. I'm only fighting for my son and yes I have had to become bitch mother to the Senco to get that point across and drag the authority into school to tell them that too. I hate the person it's turned me into but the sad reality is if you doesn't get your claws out then your child gets fleeced.

Hi, im in a very similar situation, my son was diagnosed with autism and adhd in primary school and had fantastic support, the school senco was brilliant, she arranged meetings, applied for my sons ehcp plan and my son ended up in with full time one to one support everyday in lessons and inbetween as they do so much more than just help with schoolwork. So my son transitions from primary to secondary school, the school arranged all the meetings, made sure steps were in place to continue his high level of support through to his new school, which is much harder to navigate as its a much bigger school, he has to find his way to each lesdon rather than it all being in one classroom. But instead of recieving all this help and support we were prepared for, we got virtually nothing! There was no one to one support, I was told "they dont do one to ones" or he does get the extra help in the gorm of a normal class ta, which is no where near good enough. So after 6 months of slowely getting nowhere I decided to thoroughly read the ehcp plan, this is where I learned that my son is meant to be getting 32.5 hours of one to one support! And it clearly states all my sons problems, difficulties, needs ect. So I did my research and you can contact the SENDIAS department at your local council they will accompany you to a meeting with your school senco and whoever elsr, you can also ask them or the finance department exactly how much funding the school are getting. I discovered the money is made up of two parts but basically adds up to £14,585 and thats without any top up from the school. And the ehcp is a legally binding document so the school are breaking the law! Im in the process of unleashing hell! As ive been fobbed off or months and when I asked recently if the other teachers had read my sons plan (which by law they were meant to have) as I was concerened about all the punishments he was getting gor typical autistic behaviour and he's only just started there. It turned out the school senco had cherry picked little bits she felt was important from the plan and only sent those specific bits of it to his teachers! Bearing in mind every bit of it is important! So don't give up, I have a meeti g with her tuesday and I'll be expecting my sons one to one to be employed within the month, and an explanation as to where all the funding has gone so far and why she felt the need to withhold important information from my sons ehcp plan from his teachers who as a result have not been meeting my sons needs, and probably don't know what they are who had only just met him! Ive never had to deal with anything like this before but I'll take it as high as I possibly can if I don't get the results my son should be getting by law! Chances are your childs school gets a similar amount, its broken up into two payments, the first being £6,000 then the rest in an additional payment and you can find out exactly how much by giving your local sen department at your council a call. I really hope you get it sorted as the school are breaking the law if they aren't sticking to the plan.

K8, this is an old thread and you may be better off starting your own.

The local authority is breaking the law as well as the school, and in fact ensuring that what is in the Plan is secured is primarily their responsibility. You need to point out to the school that if they won't deliver what is in the plan you will be taking legal proceedings to enforce your child's rights - there's information about it here: sossen.org.uk/admin/resources/jr-2019.pdf

Also you should ideally either have someone with you at the meeting to take notes, or record it and write up your own notes afterwards which you should share with the school. It may well become very relevant if you do have to opt for legal proceedings.

K8
Do you want to say which local Authority your sons school is ? I have a similar thread in the staffroom section. School not applying correct ehcp support. Im so sorry you’re going through this. Unfortunately my conclusion is Senco and schools are utterly useless and only interested in Sen children for the funding they give the school

Hi, Im in Leicester my son goes to secondary school in birstall. His primary school was amazing, so its been a shock to the system lol. I have been looking for advice and help on the internet and this chat came up, so I signed up to mumsnet so I could ask questions ect, sometimes its easier to be able to ask specific questions and get answers rather than typing thousands of different sentences into google to get the same non helpful sites haha. Yea the school promised my son the one to one support, he was asked in the big meeting before starting there if there was anything he was particularly anxious about, and he asked if he'd be getting a "one to one lady", they told him yes. But when he got there, none of his teachers knew what he was on about when he questioned it, and when I asked, I was told by the senco at first that he did have a one to one, when I probed furthur it turned out she was talking about the class assistant, so then when I said im talking specifically about a one to one support teacher that only helps MY son, in and out of lessons, she said they didn't do those there. I didn't know what to think as I didn't know at that time it was against the law or what hours were in his plan ect. So I just left it, but my son has been struggling so much since, hes been there six months doing this on his own and none of his teachers seemed to even be aware that he is autistic and also has adhd. He was being constantly told off, getting detentions for stimming or humming or things he actually can't help. They shout at him when he has sensory issues to noise, and force him to tuck his shirt in when they know he can't stand how the material feels against his skin. I started asking people what I should do and its been a real eye opener all the things ive discovered, like his ehcp is legally binding, he had the amount of hours of support he was meant to be getting in this plan. It also states all of his needs, how to help him, allowances that should be made in the classroom, its brilliant really and should be invaluable to his teachers, but I don't think any of them have even read it because when I asked the senco if anyone has read it, she said that she'd actually only sent bits of his ehcp plan to the other teachers, im not sure if thats allowed or which bits in particular but I know that all of it is important! And its not up to her to decide which parts are important and which aren't. Im so stressed out with it all, I contacted the sendias department at the council, and they were only helpful on the first phone call, they told me to arrange a meeting with the school and said they'd come with me, well since then ive not been able to get hold of them and I try everyday, I leave messages, I email and I feel like im getting nowhere again. I did find out exactly how much the school are recieving in funding and its nearly £15,000 I don't know where its going, but I know where its not going. Its strange aswell because the senco is really nice, and she gives the impression of someone who really wants to help, and she tells me how well my sons getting on and has a little meeting with him each week to ask how he is, but if you ask my son how he is, he'll tell you he's fine. If he's not fine his one to one would know and she'd be able to tell by his behavior, or attitude and help or intervene before he's got too much anxiety. But he just gives everyone the impression he's fine, meanwhile his teachers don't seem to be coping with his autistic behavior, or know what he can't help doing, he is anxious all the time now and reserved everyday and he tells the world he's fine, and he's really not. Im going into school Tuesday for his review meeting, ive got no representative, but im alot more informed and alot more prepared so im hoping to take charge this time and not be fobbed off and pray I get the results I need. X

I’m going through Exaxtly the same thing.
Granddaughter has £16.545 of funding for a TA and extra help at break and lunch.
Went to an excellent primary with fulltime TA.Started secondary in sept absolutly no support what so ever.
She has currently been out of school for 4 weeks due to bullying and not being supported in class.
I’m now trying to find another school for her as current school say they don’t do 1 to 1 there, but they write on her ECHP review that she has a fulltime TA.
On visiting other potential schools they all say she should of been having a fulltime TA according to her ECHP plan.
Panel meet next week so hopefully they will find her another school where she is supported.
I hope you have managed to sort out support for your son by now.

Thats awful, the ehcp plan is legally binding and if the school haven't put anything n place they need to email senna, and explain why they can't offer the support she needs, section 7 of the ehcp should tell you all the things she should be getting, its a shame you're having to change schools, theres no reason a school can't provide a 1-2-1 lsa and what ever their policies are the ehcp is legally binding and they are breaking the law by not complying, you can contact the sendias department at your local council and explain everything they should be able to send someone to the meeting to help you. I hope you get results soon. X

I think her caseworker is going to the meeting next week.
The trouble is on the ECHP review it says how is the money spent and how is the child supported, they wrote fulltime 1 to 1.
I’ve asked them to amend it as it’s totally untrue, whether they have or not I don’t know.

hi i have 2 adopted daughters who have transitioned from primary to a much bigger high school last year. I'm battling every day to get them to follow the EHCP's. Both my daughters have various problems and i kept getting told they are following it verbally by the SENCO at the school but then incidents happen where it is obvious that staff have little or no knowledge of what's in their EHCPs. A small example is my youngest has a small bladder and is on medication. it is in her EHCP that she needs to be allowed to go to the loo whenever she feels the need. The SENCO has told me categorically that all teachers are aware of this and that they all know she has a toilet pass - yet she keeps coming home soaking wet ( she is 11 so horrendous in front of her peers) as teachers wont allow her to go to the toilet.. she is currently red raw from sitting and moving about in wet knickers and in agony - the only way i could make her comfortable enough to send her to school today was smothered in sudocreme and wearing cycling shorts under her skirt. when i ring and complain or meet and complain there is always a reason like - well it shouldnt have happened or they try and blame my child in some way - this by the way is one of the least problems we are having. my child has been too anxious to go into lessons and no one has noticed she is missing until the end of the lessons as she has been hiding in the toilet having panic attacks on her own, and no one has noticed until the end of the lessons even though she is meant to be supervised during transitions from one lesson to another and in the class itself. Its an absolute joke but im feeling completely helpless. can anyone help or advise please ? x

karynlou you will get more replies if you start your own thread, rather than post on an old one.

If their EHCPs are not being followed and section F is specified and quantified complain to the LA as it is them who are ultimately responsible for ensuring the provision in the EHCP is provided, not the school. If complaining does not work you can begin Judicial Review proceedings, usually threatening to do so works. However if section F is vague and woolly as so many are it isn’t enforceable, in which case you should try to tighten it up.

Hi thanks for your message the problem I’ve got is that the girls have transitioned from primary to a high school and we are doing a review of that EHCP and it has come to light that they do not offer many of the provisions that were mentioned in the current EHCP such as small work group to help my child scaffold relationships with peers small work group to do work on emotional and social development work on empathy et cetera both of my children are adopted so have attachment problems as well as other complex emotional and social needs but don’t need to be in a special school however what do I do if there are points in F mentioned that the school don’t provide ? I know they should t have accepted my girls if they didn’t feel they could meet the provisions set out but we are where we are. They are asking that certain points in the provisions be removed as they don’t provide stuff. However I feel that these provisions are the building blocks needed to meet the needs set out in E. can you advise how I should proceed ?