EHCNA parental request - help!

[RueDeWakening]

I'm requesting a needs assessment for my youngest, who is in year 5 and has a diagnosis of autism with extreme demand avoidance (LA doesn't recognise PDA else that would be the diagnosis). I'm struggling to articulate the reasons I think he needs the EHCP, can anyone point me in the right direction/give me some example wording?

Basically, school are not supporting an EHCP application, however they said that he could only go on a school trip just before Easter if he was accompanied by a parent, so I had to take the day off work to go with him. He often refuses to write in English lessons unless the TA or an LSA can support him 1-2-1 - the first parent's evening of the year around October half term revealed absolutely nothing written in his "big write" English book, because as the teacher said, "I haven't pushed him to write, and he didn't want to".

When school have backed themselves into a corner one Monday morning by insisting that he do some writing for assessment before anything else, he ended up spending 2 days in the head/deputy/SENDCO office, they tried bribing him with ipad time etc, and he still didn't do the writing. They gave up in the end and he went back to class. He doesn't have meltdowns often, but he does shutdown frequently, they've had to use team teach on him to move him from unsafe areas, get him in off the playground etc etc.

Finally, the SENDCO sent me an email telling me he doesn't qualify for an EHCP because the school hasn't spent any money on supporting him - even though he's been in various interventions and they've paid for an OT to come into school and assess him, who reported he needs 27 hours input per academic year (9 from school, which they have no plans to provide, and 9 from the LA OT, which they won't pay for. Other 9 hours is designated as admin time.). I'm aware that the statement from the SENDCO has no legal footing.

I'm fully expecting the request to be turned down, fwiw.

Any tips or possible wording very gratefully received!

Don’t let the school put you off applying. Unfortunately some schools say DC won’t get or don’t need an EHCP but parents go on to successfully apply themselves. And as you say LA policy of the school having to have spent a certain amount of money is unlawful.

IPSEA and SOSSEN both have model letters you can use.

Hiya - sorry this is so rubbish for kids and families, @RueDeWakening.

I am sure that someone more knowledgeable will be along (like @floatingbean) but in the meantime, in terms of a decision as to whether to undertake an assessment, the key criteria are simply:

• whether the child or young person has or may have special educational needs (“SEN”); and
• whether they may need special educational provision to be made through an EHC plan.

I would recommend reading:

SEN Code of Practice (2015) which sets out the whole process.
IPSEA's resources (they also do good training courses).
SOS SEN resources (including option to purchase booklets and webinars).

IPSEA and SOS SEN have helpline/advice options too.

The other thing is finding a local group of parents with autistic kids who have experience of applying for and negotiating over EHCPs with your local authority (helpful just to maintain sanity).

In reality there is a huge amount of push back because of funding constraints and poor awareness of the law, so it feels like a case of needing to develop a level of understanding in order to effectively advocate for one's child. Exhausting on top of actually caring for someone with additional needs, but not sure there is an alternative...😨(I do have fantasies about lottery wins and unleashing top flight legal folks to kick the relevant asses...).