If no EHCP, what next?

[Tushkacat]

Hello everyone 🤗 I’ve got a couple of questions around EHCPs and primary school admissions.

A brief background:

My DD1 is 3 and has a serious heart condition called hypoplastic left heart syndrome. Given everything she has been through (lots of open heart surgeries, cardiac arrests, seizures, brain damage, months in hospital), she is doing well and meeting most of her milestones (struggling a little with personal and social).

She goes to nursery two mornings a week and has a care plan in place so they know what to do if she goes blue, gets puffed, collapses etc. We had to go through an extensive training period with the nursery.

Now. Onto EHCPs...

There are many ways that DD health can affect her and will impact her education. She gets deliriously tired (she runs at 75% oxygen as standard), can’t concentrate, has anxiety, misses lots of nursery due to needing to sleep, will likely be on warfarin soon and can’t walk more than a couple of minutes without needing to stop. Still uses a pushchair and will do until her next op. Then she’ll probably need a wheelchair if we go out for any length of time.

Nursery refused to apply for an EHCP despite all her complex health needs and said say because she’s not behind academically (at the moment) she is not entitled to one. I find that hard to believe,why put the words ‘health and care’ in there if they won’t pay attention to health needs?!

I rang the council and explained the situation and they told me to apply myself, so I have. Hopefully it is granted ready for her to start school Sept 2019. But...

My first question is, if DD doesn’t get an EHCP, is there any other form of funding where we can get her some help when she goes to primary school? Even if it’s someone to be with her at break times? Or someone to help with her anxiety?

Also, if we don’t get granted an EHCP, we won’t get to choose her primary school.

Therefore my next question is - Is there anything else that might enable us to pick which school we send her to without having to go through the standard process?

We could end up with a school completely unsuitable for her needs. TBH while the academic side is important, all I really want is for her is to have an enjoyable life at school, be able to get around (all on one level), to avoid a school with lots of bullying (she’s got a big scar on her chest) and for them to look after her.

Sorry for writing War and Peace and TIA for any advice xx

The only way you are going to get what you want and what your DD needs is through an EHCP. Nursery were well out of order telling you your DD is not entitled to an EHCP. It is for the LA to decide.

And if health needs impact on education then it is an educational need. Eg my son needs SLT in order to learn social skills and employability skills, so it is an educational need.

What you need to do is ensure that the LA gets information/reports from everyone they are required to do, and anyone else you request them to get info from. Information here:

www.ipsea.org.uk/what-happens-in-an-ehc-needs-assessment

Be aware though that many LAs turn down the initial request for an EHC needs assessment, but back down when you appeal. Good luck OP.

Hi Ellie56

Thanks so much for your advice. I agree on your point about nursery. I feel like I am banging my head against a brick wall.

I did suspect that an EHCP might be the only thing that will help us. It seems like a crazy system.

The link was very useful, thank you. I will most certainly appeal if it comes to it. Glad to hear your son is getting the help he needs x

Sorry I should have said the school should be able to put some support in place without an EHCP, (eg support at breaktimes) but it sounds as though your DD has very complex needs which might require more than your average mainstream school can provide. How much support does she get from nursery? Do you think it is enough?

And while you can apply to any mainstream school without an EHCP, you will be subject to the normal admissions criteria. If you have an EHCP you have more chance of getting your preferred school.

If you have not already done so, I would start looking round at schools (mainstream and special)now, so you have an idea of what's out there. In my experience you know straight away when you have found the right one.

That's great, thanks. Most children with HLHS go to mainstream school and this would be our preference. We are meeting the senco from each of our local schools and like you say this will give us more of a feel 😊

Who knows what the right thing is. Now I'm wondering if I shouldn't have applied for one at all, especially if schools don't think they can cope and refuse us. Argh!

It sounds like a very scary condition but once you get to know the individual child you get used to them and know when they're tired etc. Nursery have and now know when she needs a break, help etc. To be fair they've been very good with her, it's just their attitude to the EHcP that I don't like x

That should say 'in case schools think they can't cope' rather than 'can'! X

Bear in mind that there is an appeal system if an EHCP is refused, and it sounds as if you would have plenty of evidence to support an appeal.