EHCP for academically able child

[Jules912]

My year 2 daughter is academically able but has had a lot of trouble with emotional regulation resulting in two suspensions this year ( she's awaiting assessment for autism, which camhs refused but that's another issue that I'm leaving for now as we can get it done privately with health insurance). Anyway, school have put a few things in place and she was reasonably well behaved for the last 4 weeks of term, so they now think she won't get an EHCP. Is it worth pursuing anyway? At this stage they think a full time 1-2-1 ( what they were originally looking at) would actually hold her back, but there have been times she's been overwhelmed but there was no one to take her out. I can see this becoming a bigger problem next year as there's no general TAs in KS2.
Currently she has:
Visual timetable
Ear defenders
A time out card ( though she doesn't like using this)
ELSA sessions
Zones of regulation and blocks she can use to show which zones she's in
Her own table and spot on the carpet to the side ( with freedom to move between)
Anxiety counselling with a charity ( but this is just a block of six sessions)
A calming box with colouring and fidget toys
Allowed her chewelry
As far as possible separated from the "noisy boys" that trigger her ( they worded that better)
School don't see the meltdowns when she gets home or the struggles to get her in on days there's something she doesn't like (at least half the week).
I'm also concerned that the good weeks coincided with a topic she liked and a time when her dad ( who travels with work) hadn't had to for a while.
SENCO says they've used up all their budget for an educational psychologist so would need an ASC or EHCNA to get her assessed.

What's your question OP?

Is it worth applying for an EHCP?

Yes, because it takes ages and you may as well have one in place before the transfer to secondary. I am in the process of getting one for my year 5 daughter. There are a lot of hoops to jump through and people routinely try to discourage you. Some (most?) local authorities say no at every stage. It's important to do your own research and not to be overly trusting of the school (or the local authority!)

I am a teacher and I am pursuing the EHCP as it will mean the secondary school won't be able to say "oh we didn't know." Sadly there is little capacity in schools to help DC with EHCPs, but more or less none to help those without.

Yes that's my concern, but as she's only year 2 I suspect she may be assessed as not needing extra help yet. If that happens can I re-apply nearer secondary age?

I would apply anyway, you have nothing to lose. A well trained 1:1 deployed correctly wouldn’t hold DD back.

If you do apply and are refused you should appeal as the majority of appeals are upheld, but if an appeal isn’t successful you can reapply nearer secondary transfer.

The appeals are taking a year plus apparently! And you could potentially have to appeal for the EHCPNA and the EHCP itself...

Thanks, I'm fully expecting to have to appeal, our LA has a reputation for being worse than most, but will apply.