EHCP not being followed

[sunflowershine]

Hello all,

My DD was diagnosed with ASD at 3, first privately for speed then later on the NHS.

She is very bright and ahead with her learning but struggles socially. She was at preschool then part time. Whilst she was there she had full time 1-1 support because she couldn't cope with the other children, the noise, and she had frequently meltdowns there and at home. She couldn't even cope of her 1-1 gave any attention to another child.

Lockdown happened and she spent 6 months at home with us in her safe space. She did seem much more settled (as I guess the social pressures were off).

We got her EHCP finalised in the summer and she was given funding for full time 1-1 support, even at lunchtime. She started reception in September and has done amazingly well. She's had just one meltdown there although they are becoming much more frequent at home especially after school. She is always happy to go. She is utterly exhausted by school and in bed early every night (like most children I expect!). It seems the classic girl trait of masking at school then exploding at home is happening already even at age 4.5.

They hired a 1-1 for her, but an unqualified trainee (she is just 20). They have three TAs - the other two are well experienced and qualified- and one class teacher to 16 children (one other child with much more profound needs than DD also has 1-1 full time). What they do there is each week one of the TAs is allocated to DD to keep an eye on her but they basically keep well back as she's doing so well. So really they're more of a general TA than 'hers'.

I feel mixed about this. DH thinks she's doing well at school so I should just leave it. I feel like she is doing so well there and I'm happy that she's mixing, joining in etc without meltdowns but I worry that she's not getting the 1-1 support that she's supposed to and that this will be having an effect on how challenging she is at home as well as her general well-being.

The teacher (who is the senco) says she doesn't recognise DD from the EHCP and that in their setting they're seeing almost none of the behaviours described. She went so far as to say that if she didn't know DD had ASD then as a SENCO she'd maybe think she was a bit quirky but that serious alarm bells wouldn't be ringing.

There are two other children in the class who are as yet undiagnosed but are extremely challenging (I know because with it being a small class the parents all talk and these parents have expressed their worries) and it seems like DDs TA allocation is being used to manage the class as a whole rather than for her.

Should I rock the boat and raise it with the school at our next meeting, or just leave it? She's my first child so I've no school experience really. Going on what the school says it's almost like they think she's grown out of it, which as we all know just isn't possible.

Thoughts?

This was happening to my son, many years ago and luckily he was older and able to tell me that they were abandoning him and he felt unable to cope. There were behaviours, but school were not honest about this. They wanted the TA as a class TA. As she was busy helping others, she was not able to see when my son needed help and with my son's communication difficulties, he just sat there lost. He got more and more stressed.

I can't suggest what you should do, but google Jekyll and Hyde Autism - her behaviours at home do not suggest a child that is coping.

Thank you. It's funny you say about Jekyll and Hyde autism, the first thing that it brings up is Pathological Demand Avoidance. We've long been of the view that DD has this profile, and it's set out in her EHCP. They says she's not like that in school at all, she is as compliant as any other child... the polar opposite of what she was like 6m ago in preschool.

But she's either one way or the other. Sometimes she's 'fine'. Others, the smallest request (and I'm careful how I word things now) can cause utter chaos.

I don't think they're lying about her appearing ok in school because DD would tell me if she'd been getting upset. She states facts about her day. She always says she's done no crying, not like at preschool.

Someone once explained to me that the anxiety you feel when you are running late for a very important meeting is the way autistic people feel all the time. And the anxiety you feel when you know you are going to be late is how people with autism feel when something unexpected happens or there is a change in the routine.

So no wonder your poor child is exhausted after such a stressful school day, having to navigate everything by herself because the school are not doing what they should be doing and giving her the 1: 1 support which has been deemed necessary (it wouldn't be in the plan if it wasn't) and which she is legally entitled to.

Her anxiety levels are sky high, but because she is masking, nobody is noticing at school and you get the brunt of all the pent up anxiety as soon as she gets home. This will only get worse and have an adverse effect on her mental health.

I would absolutely speak to the school - they should not be meeting other more challenging children's needs at the expense of your daughter.

And if the school refuse to put the 1:1 in place, complain to the LA. Under Section 42 of the Children & Families Act 2014, they have a legal duty to ensure the provision in the EHCP is secured. Model letter here:
www.ipsea.org.uk/complaining-when-the-provision-in-an-ehc-plan-is-not-being-made-model-letter-6

Oh and I wouldn't be leaving it until the next meeting, whenever that may be. I'd be ringing up this week.

Is the EHCP specific and quantified? No woolly wording (access to, when required, regularly etc.)?

Complain to the school and LA. It is the LA who are responsible for ensuring provision in section F is delivered. If after complaining the school still don't follow the EHCP, and the answers to my questions above are yes and no respectively you can threaten the LA with Judicial Review, and send a pre-action letter if necessary. Unfortunately, JR is only an option if section F is specific and quantified.

@10brokengreenbottles It says

X will have a small number of support assistants that work as designated key adults for her, so that they can act as a ‘secure base’ for her in school. Key adults will need to be physically and emotionally present, attentive, attuned and responsive to X's needs and,

In order to access the curriculum and address her special educational needs X will be supported by the equivalent of 30 hours per week (25 hours learning support and 5 hours break and lunch time support). This level of support should be regularly reviewed.

Unfortunately, that isn't very specific or quantified. It doesn't state 1:1 support. "Equivalent to" is very wishy washy and will be used as a get out clause. It also doesn't state the TAs experience or qualifications, so you won't get anywhere complaining about that. Support shouldn't be altered by the school unilaterally, it should only be reviewed at annual or early EHCP reviews.

She is your annual review due? I always do my new reception children by Christmas. Can you ask for an annual review and then you have the opportunity with professionals and school present to go through the provision and see what she is getting?

Sorry when is it due that should say

It's not due until end of summer term unfortunately @Wowcherarestalkingme

I can still speak with them in the interim. The teacher is very approachable and it feels like we've been building a positive relationship with her so an informal chat might help at this stage (I hope!)

I think that’s a good starting point, but remember you can call an annual review at any time if you feel things need addressing or updating. Good luck with the teacher

Be aware you can ask for an early review, however if the LA refuse you have no right of appeal.

So, i'm confused as to what part of her ECHP isn't being followed?

If she is in a tiny class of 16, with an approachable teacher and a full-time TA attached to her each week, and she is making expected progress and happy at school, then I am struggling to see how they are failing to implement the EHCP.

Look up 'Velcro TA' and you will see that having a TA sitting alongside a child is no longer considered best practice - far better to 'keep an eye on her' from afar IMO.

Just because the TA is helping another child, doesn't mean that your child isn't her priority or that she isn't attuned to your child's needs during the school day.

Personally, given the behaviour you're seeing at home, I'd be asking for an intervention, planned 'break out' time at intervals during the day and access to calming strategies to see whether that alleviated the pressure on her.

Just been catching up on some CPD and I came across this
"However we think of the autism spectrum, it is clear that some autistic individuals manage and even thrive without support, while others need as much help as they can get. The challenge to us all is to strike the right balance between respecting autistic people’s right to autonomy and self-determination, while providing support wherever and whenever it is needed, including in the areas where even quite able people struggle."
She's 4.5 work with the school over the coming years and keep that good relationship. Working with these children in a mainstream setting is a balancing act and trust me there is no big book of autism that will get all the right answers first time every time.