Does this mean DD will get an EHCP?

[DarkMoodActivated]

I had a phone call from the EdP who assessed my DD. He said he has finished DD report and he read some of it out to me. One of the things he said was “xxx needs specialist educational provision to meet outcomes”

I asked if this means DD will get an EHCP but he said he does not decide this and the LEA will decide. Does this sound positive?

Unfortunately, no, it doesn’t necessarily mean an EHCP will be issued.

That is disheartening to hear. DD really needs a SEN school and I had hoped this was a step forward. Do you know what that sentence means? I thought it meant she had met the second threshold for the EHCNA (they may need specialist educational provision).

The EP means DD needs special educational provision. Special educational provision is “educational or training provision that is additional to, or different from, that made generally for others of the same age” (s.21 CAFA 2014). That’s not the same as requiring an EHCP or a special school. Some DC receive special educational provision (SEP) at a school SEN Support level.

The threshold for an EHCNA is a) has or may have SEN, and b) may need SEP to be made via an EHCP. Not all DC needing SEP will or may need it to be made via an EHCP.

It is a relatively low threshold for an EHCNA. But if DD has already had an EP assessment and you asked whether an EHCP would be issued the LA have presumably already agreed to assess and are undertaking the EHCNA?

Yes DD has already had her EHCNA. The EdP report is part of that. Your advice makes sense, ty. I will just hope the SEND panel will create her a plan.

If the LA have already agreed to assess and are undertaking the EHCNA the legal threshold for an EHCNA is irrelevant.

Appeal if the LA refuse to issue, the majority of appeals are upheld. And, make sure they stick to the statutory timescales.