"Gathering information"

[Cornishqween]

My son is autistic with severe anxiety, is in year 5, and I'm trying to secure an EHCP for when he starts secondary. He is very good at masking and the schools lack of support have been shocking. they told me he won't meet the criteria for EHCP and not to bother with the application. I sought a private diagnosis since the wait here for CAHMS was going to be 2 and a half years and the school repeatedly said he was fine, they couldn't see what my concerns were.

I know my child won't cope with secondary and all the organisation, and academic challenges it comes with so I pushed and said I'm going to apply myself for the EHCP. The SENCO says she's gathering evidence for this and I was wondering what that actually means? What evidence will they gather since they miss all the sensory clues my son shows and anxiety? My concern is that the school have made this a 'parenting issue' that only appears at home and that they will continue with this opinion, making it impossible to get the EHCP.

Anyone been through this minefield with a child that masks?

This will be most likely a copy of the record the school has for your child including things like old school reports, attendance records, any records of interventions e.g individual educational or behavioural plans if any have been done, reports from any professional called in to see your child such as educational psychologist. From your OP it is likely not to contain a lot of use and it might be worth you paying for a private educational psychologist to get the difficulties documented. It is more difficult to get an EHCP for a child who masks but not impossible.

@OneinNine

This will be most likely a copy of the record the school has for your child including things like old school reports, attendance records, any records of interventions e.g individual educational or behavioural plans if any have been done, reports from any professional called in to see your child such as educational psychologist. From your OP it is likely not to contain a lot of use and it might be worth you paying for a private educational psychologist to get the difficulties documented. It is more difficult to get an EHCP for a child who masks but not impossible.

Thanks for this info- so useful and confirms what i think may happen.

I'm going to look into this, I'd like someone to see him in school as I've no idea what goes on behind those closed doors and the communication is very poor (deliberately on their part). Every time I try to speak with the teacher I'm told to email the office and they'll pass it on, but it can take weeks just for a phone call and they always call just minutes before the end of the day so they have an excuse to cut it short - this happens with meetings too.

I'm documenting everything in case we need to complain

Don't wait for the school to "gather evidence" just apply for an EHCNA now. Otherwise you could've waiting a while for the school to actually sort it. It sounds like they are fobbing you off.

The threshold for an EHCNA is a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. Any other test is unlawful.

You could submit a SAR, that will show what information and evidence the school hold.

The school should be putting in place what is called the Graduated Approach. This involves a cycle of Assess, Plan, Do and Review. Typically a cycle would last half a term or a term and the LA may request a certain number of cycles of this as evidence of what the school has already put in place.

The LA is not supposed to put hoops like this in place for schools to jump through to get agreement for an EHCP Needs Assessment, but it is common. This is likely to be the evidence gathering and by it's very nature takes several months, particularly when so much classroom time has been lost due to Covid.

You can apply for the EHCP Needs Assessment yourself without these barriers. A PP has said what the criteria is. That would be a more productive use of your time than a complaint.

In our area, you would not secure a needs assessment without evidence of a graduated approach.

The school must demonstrate that they have carried out at least three cycles of Plan-Do-Review and sought (and acted on) advice from outside agencies and specialists. Only when we can demonstrate that, despite doing all of that, the pupil still is not making progress in our setting, would a needs assessment be considered.

I know that lots of people will come on to tell me that this isn't lawful, but regardless that is certainly what happens.

The only time I suggest that a parent applies themselves, is when I wholeheartedly believe that it will be rejected, not because I am too lazy to do the work or don't want to support the family.

Whether the parent applies or I do, it is the same amount of work for me. I do try to explain what we need to do, together, to have the best chance of success but worried parents often do not believe me and so I suggest that they take the driving seat and lead the application. In my experience, this has always failed but that may not be your experience.

It is particularly difficult if we do not see in school the level of need being seen at home. Of course I believe parents, but will have to complete the paperwork honestly regarding what we see in school. Regardless, the panel will gather reports from other services and an Ed Psych observes the child in school, so they are not just relying on the school.

If the class teacher will only talk to you via the office email address it does sound as if your relationship has broken down which is a shame.

Fourminutes do you challenge the LA's unlawful practice and encourage parents to challenge them? LAs can not have such blanket policies and the only lawful test is that I posted above. They are leaving themselves open to legal action. Parents can successfully challenge this.

Many schools and LAs perpetuate the myth cycles of assess/plan/do/review are required. It is not correct, and can be challenged. Unfortunately, many schools do tell parents the child won't get an EHCP when they are wrong. There are many parents on here who heard the same but applied themselves and were successful. Also, the vast majority of appeals against refusal to assess are upheld, parents should not be put off because people tell them they won't get an EHCP.

Yes I do tell the parents to appeal - only ever had one appeal end in success.

No, I gave up challenging it myself many years ago. I am just one of thousands of schools. It is the system that we operate in in our county. I have had more success acting within it than railing against it.

Given the rates of appeals upheld that is highly unusual. The vast majority of refusal to assess appeals are upheld, and the majority of refusal to issue appeals are too. Also, there is more to legally challenging it than appealing to SENDIST, with such blanket policies the LA leave themselves open to Judicial Review.

I'm sure you're right and you are certainly not the first to tell me that on here and in rl.

However it is the system I'm stuck with. I prefer to spend two terms gathering evidence and submitting a successful application. If parents don't feel able to wait, I support their application instead.

The relationship broke down entirely, but to be fair this has been mostly since covid. His teachers before this one have been ok and we've had lots of contact if needed. Unfortunately our school has a Terrible reputation for SEN support, and I personally know many families who've moved their children in the lash few years due to a total lack of support. They actually told two parents I know that both their children should look elsewhere as "this isn't the school for them" due to their additional needs.

He isn't really behind but his development has slowed - he was way ahead of expectations for the last few years and now they've said on his report he's not quite meeting expectations in some areas (not maths or English). I can't help but feel if he was better supported he would do much much better.

I think I'm going to arrange a private Educational psychologist assessment before the LA one and see what they say. Whenever I ask what Sen support is in place for my son they struggle to answer so I've no idea how they will show how they've planned, put it into practice and reviewed it. It just doesn't seem to be happening.

Anyway thanks for your suggestions - I'm a bit of a rabbit in the head lights at the moment with it all

Our school has a good reputation for SEN support and we take many children from local schools where parents feel that support is lacking.

Is your son about to go into year 5, or just finishing year 5? Would you consider a move? You shouldn't have to of course, but if your relationship has broken down and they are not supporting him adequately then it could be a positive step.

The fact that he was exceeding expectations but is now failing to meet them is a very worrying sign. Is this due to covid do you think? Did he attend school during the lockdown periods, complete home-learning if he didn't? What catch-up plans do they have in place for next year?

I've just moved my child after the relationship between us and the school broke down over their crappy SEN provision.

One tip given to me by an OT was to ask for their assessment data and then ask the school - why has there been such a level drop? Means they have to explain it and if it's due to a lack of support - you've got them. Course this year they're all just fobbing it off onto covid. We're in the same situation (gone from expected - to below across the board) and the old school are blaming covid but the class teacher was half arsing it with a face like a slapped arse all year cos she thought schools should have stayed closed and was in her year before retirement.

The other reason she's dropped back is because the language demands have increased as she's getting older and a SALT assessment (I knew this anyway - I'm a student SALT myself but obviously needed an independent person to assess and report all of this) has shown up huge gaps in her higher level language skills and social language functioning.

I also did make a pain in the arse of myself ringing each day asking the SENCO to call me back (so the office staff got sick of it and hassled him to return the call) - got a copy of her SEN provision but it was a fucking pile of shite and just a list of things DD had to do. Hoping that a school move at least makes her happier - because her anxiety is sky high (old school's response was "she needs to stop worrying") and we suspect ASD but masked (in the middle of the process to get through that diagnosis).

New school and before she started I'd had a phone chat with the new teacher and her school email address to put any concerns and things that might help her over to her... I've got no truck anymore with this "can only email the office" fobbing off - and my personal view now is if you're up against one of these schools - you're on a hiding to nothing.

Is your DS going into YR6 in Sept? If so, I would urge you to apply for an EHCP yourself now. As I'm sure you know, secondary applications need to be in by October - so unfortunately you will have to apply via the usual route until the EHCP is sorted.
Have you identified any possible secondary schools for him? I would contact their SENCOs as soon as the summer holidays are over if you haven't already.
Sound them out about what sort of support they have in place for children like your DS.
I was told my DS would never get a Plan by his school SENCO as he was too 'able'. I applied myself and he's now starting in a resourced unit for autism in September.
I know of a child who has a Plan and is at a Grammar school, so it's not just about academic achievement. A Plan should enable a child to achieve the best outcome they are capable of.
I would also start keeping a diary of your DS's difficulties at home that are a result of his struggles at school. That will be admissible as evidence for your Plan application.
It shouldn't have to be this way but if you are in a position to pay for private reports then that will really help. I believe many EPs are booked up for several months though so it will be worth looking asap.
Is your DS's GP sympathetic? If so, it would be worth contacting them to get the anxiety documented.

it's not just about academic achievement

^^ this is worth highlighting. So many parents are told another myth - you need to be 2+ years behind to get an EHCP. That isn't correct.

I have 2 DC with EHCPs who are academically able.

mini you might be interested to know there are grammar schools with resource bases.

Yes I do tell the parents to appeal - only ever had one appeal end in success

@fourminutestosavetheworld, do you refer them to independent sources of advice such as SOS SEN or IPSEA - or indeed solicitors for those who can afford it or who qualify for legal aid? If schools support assessment or issuing an EHCP it's really quite unusual for parents to lose appeals.