Can my DC be refused an EHC needs assessment because he isn’t failing academically (yet)

[CrookCrane]

My DS has been assessed by a private OT and their report says he has significant sensory difficulties. It says he requires lots of TA support in class and various therapies both with an OT in clinic and in school with a TA doing sessions designed by an OT.
Has has a diagnosis of ASD. At the moment he is managing academically. I have requested a needs assessment, can the LA refuse to do one because he isn’t behind academically? If they do the needs assessment can they refuse to issue a plan because he isn’t behind academically?

Ds had a needs assessment the autumn term after he had been awarded 5 grade 9's at GCSE. He now has an EHCP and attends a specialist placement. You don't need to be behind academically to be assessed or have an EHCP and the LA should not refuse for that reason.

Great thanks. This is what I hoped was the case from what I’d read but a professional is trying to tell me different.

Ignore them! Or any other myths they might suggest, like needing to spend £6k.

In my experience unmet needs and lack of support will in the end start impacting the education of children that are academically able. Ds is very able but struggled in a mainstream classroom and even at his specialist placement finds it hard if he's in the classroom for too long. He also can't manage any academic work at home and that would always end up with huge meltdowns. So despite his ability, his autism, sensory processing issues and mental health difficulties do impact his learning and he needs the significant support that an EHCP can provide.

I’ve got a meeting with school tomorrow to discuss the OT report. I’m sure they’re going to try to get out of doing any of the recommendations. I’m wondering if I should make an official complaint that they aren’t using their best endeavours to support him. 18 months ago school identified various difficulties he was having, then when I brought that up more recently they tried to tell me he isn’t having those difficulties in school anymore. I think that they may think that is partly be true because he’s become more adept at masking so they’re not seeing the difficulties as obviously, but some of that is definitely just untrue. I’m torn between wanting to keep a good relationship with school and wanting to make sure they don’t delay the help he needs any further. We’ve already had some heated meetings.

Good luck with the meeting. I would go ahead and apply for the EHCNA even if school don't support it. We did. The Senco told us that if we made an application she would tell the LA is wasn't necessary. And she did absolutely that, in big bold print on the form.
I know it feels like it's difficult to keep a good relationship, but definitely push for what you think he needs. We didn't do it soon enough for Ds and he paid the price for that.

I agree with Punx. Don’t listen to anyone telling you not to apply for an EHCNA. EHCPs are about much more than academics. If the LA do refuse to assess or issue appeal, the vast majority of appeals are upheld.

You could complain but it is unlikely the school will be able to implement lots of the OT recommendations that require TA support as there isn’t the funding without an EHCP, unfortunately.

DD's school are in the process of submitting a EHCNA for her (finally) despite her being academically very able, though they did say it may be rejected due to this and that she hasn't yet got a diagnosis. Admittedly they may be somewhat more motivated as she displays challenging behaviour when struggling.

You don’t need a diagnosis, it is based on needs not diagnosis.

I’m so sorry your DS suffered because the crap system we have to deal with. That’s what really worries me but of course school just say “well that might not happen”.
I’ll definitely go ahead with requesting the needs assessment my self and will
ignore the negativity I keep hearing. The OT was very positive about it and felt we will get the EHCP, although we may need to appeal along the way.

I managed to get through the the SOSSEN helpline this morning. They were really helpful and supportive. I would definitely recommend ringing them if you need help to appeal if the LA do refuse to assess for an EHCP. Good luck!

Thanks for this. I do want to tread carefully with school while at the same time doing what’s best for DS.
When I managed to speak to SOSSEN this morning, they suggested asking school to apply for high needs funding now, they said that can run alongside an EHCP and should be agreed because we’ve got the OT report. I won’t hold my breath though!

Glad you got some good advice. Stay strong.
I'm guilty myself of not wanting to be 'too difficult' or not wanting to make relationships strained with school (even with Ds's specialist placement who are being paid huge amounts of money to support him and are not always doing it!). But unfortunately the system is awful and for most parents and carers if you don't push, you won't get anywhere close to what your child needs.
Ds is 18 and had he had adequate support when we started asking 8 years previously, things could have been different. But because he wasn't supported, his needs are now far more complex . It's costing our LA lots of money to support him currently and they will have to continue to do so for the foreseeable future.

Yes the school can apply for high needs top up funding, but in many LAs fewer and fewer are being given high needs top up funding. Some LAs are so slow at issuing it it takes just as long as going through the EHCP process. It also doesn’t guarantee specific support and often isn’t enough to provide full time/close to full time 1:1. But as Punx says, you if don’t ask you don’t get.

The school currently have 2 TA’s in class, 1 full time and 1 virtually full time from what I can work out and neither are allocated just to one child. The school has a high proportion of Pupil Premium children so I guess that’s how they fund the TA’s. I think I’m going to end up with the school saying they don’t think the recommendations in the report are necessary not just that they can’t afford it. Other professionals have made recommendations in the past that they have completely ignored.

What do you think would have helped your DS the most Punx? I keep wondering what would help his social skills. He is often rude to his friends and peers unintentionally. His friends accept he doesn’t mean to be but other children often don’t accept that and that’s led to bullying.
I hope you manage to get your DS’s school to provide the support they should be providing.

SALT and OT can help with developing social skills.

Having two practically full time general classroom TAs is unheard of these days so I wouldn’t be surprised if at least one of them is actually supposed to support
a pupil with an EHCP. Unless parents are on the ball at enforcing EHCPs it’s not unusual for schools to use 1:1s as general classroom TAs.

Do you think it’s worth asking for a SALT assessment with the EHC needs assessment? He did see an NHS one earlier this year but he wouldn’t speak to her at all in clinic, he was totally mute. She then visited school though and said she had no concerns. His speech is fine but communication is definitely a problem and he constantly repeats phrases mainly from tv.

Yes, I do. SALT is about much more than the physical ability to speak.