EHCP for DS(9) primarily to name secondary

[mollyminniemo]

Hi all
DS (9) has ASD (thought pretty high functioning, on or just below levels in school where he should be at) but struggles with focus, concentration, staying still and becomes distracted at the drop of a hat, then fidgets/stims/ works himself up and needs separating from other kids to focus by himself/lots of movement breaks.
The current secondary feeder is a huge school pupil wise and not known for good SEN provision and we just know this is not the secondary for him. So we are trying to apply for EHCP now, while we feel his primary is pretty much meeting his needs- primarily in order to be able to name/select another secondary that is smaller and much better in its SEN provision as we feel secondary is where he will really start to struggle and adapt as so much change.

Can anyone who has done the same or knows about this advice- should I be voicing my concerns about his ability to cope with secondary and the current school in catchment/feeder from primary (as in our only real current option if we dont get EHCP) in my supporting evidence for the plan now- as he is about to go into Year 5? Or do they not like people applying for plans making it clear they are thinking ahead to secondary/hoping to be able to name another school and basing their application on this? Thanks so much.

The LA should not just consider the immediate short term situation. There is case law that decisions to assess and issue during Y6 should consider upcoming transfer to secondary. Although your LA wouldn’t necessarily consider the same during Y5.

The threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP.

Thanks so much relaxing! Do you think I should mention my concern about secondary school known now then?

If the LA agrees to assess I would definitely mention it during the needs assessment. Whether you mention it during the initial EHCNA request is up to you, there are pros and cons.

We did something similar. I knew that I wanted DS to go to a ASD resourced provision for secondary and that we needed (or rather would have a better chance at a place if he had) an EHCP.
I applied at the start of Yr5 as I factored in needing to appeal at every stage. Appealing can take a year or more given the tribunal wait times.

However in my application, I stressed that he wasn't coping NOW, even with the level of support he was getting. His teacher also backed up my assertion that he wasn't making the expected progress/was really struggling and that was with 1:2 support.

I would gather as much evidence as you can about how your DS is struggling now and the adjustments needed and support he needs to access learning etc.

In the needs assessment, I did talk at length with the EP about my concerns about secondary and she agreed that this was relevant. In her report she talked about DS needing a small class size, specialised learning environment and ASD trained support staff etc - which obviously helped when I applied for the secondary placement.

His ASD outreach assessment also referenced concerns about secondary and included recommendations on the level/type of support DS was going to need going forward. So I think applying in Yr5, expert reports do seem to recognise that secondary is just around the corner. But maybe we were just 'lucky'.

@Toomanyminifigs I think that’s the key difference. Once you get the the needs assessment it is definitely relevant to discuss. But, on the initial EHCNA request if DC don’t meet the may need SEN provision to be made via an EHCP criteria now Y5 is probably a bit too early for most LAs to consider secondary, unfortunately. I think it is different if DC is also struggling now, but will struggle even more at secondary.

Ah, I've also been wondering about this as we go into year 5 and finally have our formal diagnosis. I'm waiting for the SALT report from the assessment but I think I will struggle to say she is not coping now especially as she had a big jump in attainment during year 4. I'm not even sure the local secondaries can't meet her needs as we've not looked at any yet (we've just relocated which is another complicating factor). The nearest resource base is out of Borough (or the NAS school in Lewisham) but we won't get either of those without an EHCP.

Ho hum. Really not sure what to do for the best! I don't want her to crash out in year 7 and be left in limbo for a year while we try to get an EHCP in place. She's pretty bright, she just has challenges getting things down in an orderly way.

Be really interested to know what others decide to do.

@Croissantsandpistachio would request an EHCNA now. The threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. And, EHCPs are about far more than academic attainment.

@Relaxinghammock thanks, yes, I think that's the route we'll go down. I need to see what the recommendations are to work them in- but now we have the diagnosis we should meet the threshold to assess I think? I guess I'm not sure how we assess ourselves which school would be best- and am I right that the EHCP could name another school and then that would be legally binding? I'm worried that they'll only do that in-borough- we are on the border of 3 London boroughs and our home borough is massive and it could end up being a very long journey. The better options I think will be in neighbouring boroughs.

EHCNAs and EHCPs are based on needs, not diagnosis. A diagnosis alone isn’t enough to meet the threshold, but equally a diagnosis isn’t required.

EHCPs can name schools you wouldn’t otherwise be offered a place at via the normal admissions procedures. Unless the school is wholly independent the LA must name your preferred school unless the LA 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.
This applies equally to schools in other LAs.
Wholly independent schools can be named, but the rules are slightly different.

The starting point would be speaking to the SENCOs. That can tell you a lot. It is also worth asking around locally in SEN groups.

Thanks, yes will discuss with the SENCO in September and am going to speak to SENDIASS as well and see what they say. Also we need to get round the schools in September to see if we actually have a preference.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.