College application for EHCP

[PJB333]

Can I ask for advice?
My daughter is in college, has ASD, APD and SEN. I've started a parental EHCP application. Daughter was withdrawn from a Level 2 course and put into entry level. College didn't do any tests upon enrolment that would have triggered a consideration for an EHCP application.
College now states they wouldn't apply for an EHCP (at any stage) - it is something the parent would do.

Can this be right?

I know schools have different rules as they need to catch any support needs early. Surely, post-16 institutions have a duty to try and find any that were missed? or, am I expecting too much?

If anyone knows, or has had experience of how it works after 16 I would welcome advice. Thank you.

Schools and colleges must make their best endeavours to meet a pupil’s SEN.

College didn't do any tests upon enrolment that would have triggered a consideration for an EHCP application.

This is completely normal. Schools and colleges can request an EHCNA, but many, for a multitude of reasons, don’t. The question could equally be asked why didn’t the secondary school (or other professionals involved or you) request an EHCNA prior to now.

As you have made a parental request focus on that rather than thinking the college should have made the request.

Thank you for your response. It wasn't so much for the aspect of blame etc. It was that from the outset I was told by the learning support, when my daughter started having trouble, "if your child drops to a level 2 course we can look at an EHCP" Then now, that I have applied and they are under pressure to respond I got the excuse "if we would have applied we would have done X first", but the person I complained to said "we wouldn't apply for an EHCP" - so I don't know who to believe.

I did apply at school and got declined as the primary school hadn't kept detailed enough records to show the delegated budget had been fully spent (even though they had provided all the support). LA has sympathy so approved a transition payment which was reapplied each year. The support and progress at Secondary school was so good didn't feel we needed to reapply - we were getting all we needed apart from the "EHCP badge" - Lesson learnt.

Yes, I have dedicated myself to the parental application and submitting all my documentation and opinion. The problem from the college side is that apart from the tutor comments the cupboard is bare. No documents scanned on file even though supplied multiple times. No ILP, no log of assistance provided. So not much for them to send in support of EHC NA. Special educational provision provided but not logged. Has been getting learning support "shared" with others whom have allocated EHCP's.
Next year she's back to mainstream education with no support without an EHCP but no history of support provided, Sharing another persons learning support doesn't cut it with my LA as "supplied provision above that provided to mainstream child".

I'm now being asked by LS management if I know when the Ed Psych is booked and the person in charge of LS actually asked the local authority what was needed to respond to a EHC NA 10 days after the deadline date! Only person with access to the EHC Hub was off on holiday!

So yes, I'll take your advice and focus on my application, and base any expectations on the "best endeavours" you quote.

Thanks.

Did you appeal the previous refusal?

Has DD made a SAR?

Hi,
Back then (10 years ago) I just accepted what they told me (not worth it), and was greatful for the top-up payment and brilliant High School provision.

Now 10 years later, tribunals won, appeals upheld and a good knowledge of the law I'm ready for the EHC tribunal if necessary.

Yes SAR submitted (1 month now extended to 3 months response), plus formal complaint being investigated and another in preparation. Funny how these get their attention.

Just for anyone picking this up. I've found what I wanted. page 11 of the Further Education: guide to the 0 to 25 SEND code of practice Sep.2014 (DfE).

"where despite the college having taken relevant and purposeful action to identify, assess and meet the needs of the student, the student is not making the expected progress, the college or young person should consider asking the local authority to carry out an EHC needs assessment"

Obviously its a "should" not a "must" but any college claiming to operate to the Code of practice would need to consider this, rather than a blanket "we don't do this" - at least without a substantive reason.

[END]

The Further education: guide to the 0 to 25 SEND code of practice document isn’t a statutory document. However, that paragraph is in the SENCOP which is statutory, but as it says should rather than must, there isn’t an absolute duty for them to request an EHCNA. It also says “college or young person”.

Since an EHCNA has now been submitted, you would be much better focusing on the EHCP process.