What are the negatives (of any) to getting an EHCP?

[Thingstodotwo]

I would really love some input as totally in the dark (despite my own research). My DC was assessed as being ‘mildly’ dyslexic by an Ed Psych a couple of years ago. School says they are offering what DC needs in terms of support. I just don’t think it’s the case but I have tried to have faith that they know better than me. DCs reading and writing age at year 2, they are year 4. I recently saw work created by classmates and it’s whole new level. Do I push for a reassessment and/or EHCP. I feel I’m one of these people that doesn’t like yo cause a fuss but I also don’t want to fail my DC by not being his advocate. If I looked to move him to private education is it better to do this with or without EHCP in place? Would a “non-academic” school (despite what they may say publicly) be less likely to accept DC? Thanks!

I'm not sure there's a way to get an Educational psychologist assessment without requesting an EHCNA ( though that's top of the list for my next meeting with the SENCO). I'd also want to know if there's any downsides to getting one, and if it's refused are you allowed to apply again in a year or two?
DD's actually being supported fairly well now but I can see already that she will really struggle in a MS high school without more support.

I had to do the Ed P privately as school said backlog through Covid meant a Local Auth one would take a year. Also have same concern re secondary school.

Yes push for an EHC needs assessment. Your evidence is that despite SEN support to meet his needs he is two years behind age related expectations.

We’re in a similar situation and started the process end of year 4. He is now year 6 and EHCP has just been finalised.

You have nothing to lose by applying it for an EHCNA. IMO there aren’t any downsides.

Independent schools often aren’t supportive of SEN, EHCP or not, and when they are often charge extra. Independent schools (with the exception of s.41 specialist independents) can offer or refuse places to whoever they want EHCP or not so it’s unlikely to make a difference. If they are going to refuse based on needs they will do so regardless of EHCP or not.

Jules An EP assessment can be undertaken out with the EHCNA process. Schools can use their, admittedly limited, budget or parents can seek a private assessment. You can reapply if you are refused. Although if an EHCNA has been undertaken within the previous 6 months there’s no right of appeal.

Goodness me, two years to complete!! How can it take so long? I’m sorry that it has.

I always reckoned it would take about 2 years, my goal was to get something solid in place for the transition to KS3. But it’s still been very stressful and time consuming.

The Local Authority refused to assess and then refused to issue. Refusal to assess was overturned after mediation. Refusal to issue was overturned about 6 weeks after I’d submitted my appeal. Lots of this is delaying tactics from the LA, makes me so cross!

I’m currently in the process of pulling together our appeal for the contents of the EHCP. Tribunals submitted now are being booked for over 12 months time. It’s a nightmare. If the LA don’t concede before hand I won’t have anything in place for September 2023, but I’m hoping the appeal will be prioritised as it’s related to a key stage transition.

If you can afford private fees, you could possibly look for a specialist independent Dyslexia School. Sadly I’m not in that position.

Gosh what a nightmare! I’ve got everything crossed for you.
Im kicking myself for not doing something sooner for my child but you just have faith that the school knows what it’s doing. You can’t help but think the system is falling kids ….
I can stretch to private but specialist is double the fee so out of the equation sadly!

@JustKeepBuilding An EP assessment can be undertaken out with the EHCNA process. Schools can use their, admittedly limited, budget or parents can seek a private assessment.

Please can you explain this to me. So I can do a private EP report (which would be a refresher to that done two years ago) and that would be fed in to the LA EHCNA process which is the process which determines if a child is statemented?

Thabks! As you can see this is keeping me up at night!

Basically you can pay for all reports around £1200 each in the uk. You can fight the LA to get support. You can go to a tribunal and win - but yet there still isn't enough resources even though you have "won". Then you have to keep fighting and take to a LGO - so stressful and kids are missing out.

Over a 2 yr slog for us too and tribunal for EHCP

The whole Sen world with LA is shocking.

There is some really nice independent schools that are excellent with sen .... maybe start looking - as it's a very slow process - even snails travel faster 😂 .... if you can afford the fees. Get on local Facebook pages those mummies know lots of schools in your local area - their knowledge is power

You as a parent can apply too for EHCP don't wait for school. Also talk to the senco at your school always best to have them on your side ....

The EHCP process takes 20 weeks if you don’t have to appeal, but sadly many parents do have to appeal, some more than once, and the waits for tribunal are very long at the moment.

Personally, if the LA refuse at any point I wouldn’t engage with mediation. You only have to consider mediation, you don’t have to actively partake in it. If the LA are going to concede they will do so regardless of whether you actively partake or just get the certificate and submit to SENDIST. Sadly, many LAs use mediation as a delaying tactic.

Parents can seek an independent assessment whether they go on to submit an EHCNA request or not. If you do go on to submit an EHCNA request you can use the independent assessment to support your request and if the LA agree to assess the report can be included in the NA.

However, personally, if you are planning to submit an EHCNA request I wouldn’t seek an independent assessment beforehand unless money is no issue. Even if you have an independent EP assessment if the LA agree to assess they will seek their own as part of the EHCNA. And if you seek an assessment now and need to appeal at any point it may well be considered out of date by the time you get to a hearing. Reports were previously considered up to date for around 2 years but over the last few years SENDIST have considered reports much younger out of date. Also, if the LA do assess you may find the LA’s EP report is adequate, but you need e.g. independent SALT and OT reports.

If the LA don’t provide the provision specified and quantified in the EHCP, following appeal or otherwise, the parents don’t need to go through the lengthy process of the LGO to enforce provision (although they may still go through that afterwards). The quicker route to enforcement is via judicial review.

You mention statemented, can I check you are in England and not NI? Because statements no longer exist anywhere but NI, and EHCPs don’t apply there.

So helpful - thank you!

If you enter the private school system does an EHCP potentially give funding for additional support in any way? Like the extra 1-2-1? I expect the answer is “possibly, but not before a long slog to get there - at best”!

Just to perhaps counter a previous post, mediation worked really well for us at refusal to assess stage and got a positive result far quicker than heading to tribunal (even if they had conceded before the hearing). Our mediator was excellent and really stood up for my child’s rights in the face of bullshit from
the LA.

Having said that, I didn’t mediate for refusal to issue because it was a simple yes/no, so nothing to mediate on. So it depends, but for us it has been positive.

It is possible for the EHCP to name an independent school (mainstream and specialist independent schools) so the LA pay the fees and SEN support. Unless the independent school is a section 41 school, which are treated the same as state schools, to get an independent school named in the EHCP you will need to prove the LA’s proposed school(s) can’t meet DC’s needs &/or it isn’t unreasonable public expenditure.

Some LAs will come to an agreement whereby parents pay the fees and the LA pay for the SEN support, but not all will, some will say the parents are making suitable alternative arrangements thereby relieving them of their duties to pay.

For many it does take Tribunal.

You say mediation worked quicker than Tribunal even if the LA conceded, but you don’t know that. Many LAs concede the moment the parents submit to SENDIST so mediation could actually have been slower even though it was successful. On the whole for many mediation doesn’t work or is slower which is why expert advice is usually not to bother.

No I don’t know for sure, but our LA tends to wait until the court deadline to respond, so mediation was quicker in our case. Anyway, that’s just my experience as I said. And I’ve had different experts saying different things.

Good luck OP!

So helpful, thank you both!

Hi op, hope you don't mind me asking but I've tried reading these comments and I don't really understand most of it. I'm in a similar situation to you, my daughter is 8, year 4 and has recently been assessed as having dyslexia and high probability of adhd too.

From stalking these threads it looks like im in for a battle going forward. does anyone know how an echp works in terms of secondary schools? Do I just have to hope the school she gets into has a good sen department? Because secondary choice is very limited where I am unless religious which we are not.

And the ehcp, am I right thinking the school have to agree to push for this I cannot try and sort myself?

Thanks and sorry it's so hard!

@babytops You don’t need the school to agree, you can request an EHCNA yourself. On their website IPSEA have a model letter you can use.

If a pupil has an EHCP the parents can name their preferred school including religious schools and the LA can only refuse to name their preference in limited circumstances. The provision specified and quantified in the EHCP must be provided.

Thank you for the info. So if we look for a good school with a good sen department we can name them on the ehcp even if she wouldn't normally meet the criteria?

Yes. With the exception of wholly independent schools the LA can only refuse to name parental preference in an EHCP if they can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

The bar for proving one of the above is higher than many realise.

Thank you @JustKeepBuilding really helpful. I'm going to do some research. Looks like I need to start the ball rolling now tho.

Hi OP, if you're considering independent, I'd get the ISI reports for all schools you could reasonably travel to. They will tell you how many DC with SEN are on roll and how they do. In many areas there is an independent mopping up SEN not well catered for by the state sector (in the sense that you might not be able to get DC into your preferred state school).

So helpful thank you. Apparently DCs needs not severe enough to necessitate an EHCP bit school says they are two years behind. Don’t really know where to go with it! They say they are supporting as best they can….

Apply for an EHCNA yourself if you think one is necessary, don’t be put off by the school saying it’s not needed.

There's nothing in the law about "severity" - there's no threshold of that kind. Some DC are academically extremely able and still have EHCP. Some struggle academically. The IPSEA website explains the law clearly.