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SEN

Here you'll find advice from parents and teachers on special needs education.

ADHD - What help can an ECHP provide?

19 replies

wintermoon · 17/07/2023 12:20

Looking for some information on what an EHCP could involve.
My DD will be going into Y6 in September. A friend mentioned about an EHCP for when she starts secondary school. Is this something we could put in place for when she starts secondary school - rather than use it when she is in Primary school?
She has been under SEN Support for 2 years and on the waiting list for ADHD Assessment. Her main needs are: constant fidgeting (with anything she can put her hands on), trouble listening and keeping focus, retaining information, fine motor skills (mainly her writing and presentation), spatial awareness (we are now going through Right to Choose, as the waiting list is over a year, just for the QB test – so fingers crossed we will be seen within 3 months).
She is coping ok at Primary school in terms of support and most lessons she is “as expected” except English (just had her school report). The class have their own TA and she helps her a lot. What I am worried about, is the transition to secondary school, e.g. the teachers constantly telling her off for the fidgeting and not paying attention, changing lessons, large classes, ever changing teachers, stopping and starting and the requirement to organise herself in terms of homework.
What could an EHCP help her with? Could I apply for one, even though she is not at that school yet?
Advice welcome – thank you.

OP posts:
Relaxinghammock · 17/07/2023 17:21

Provision in EHCPs is based on individual needs, so it depends on what DD’s specific needs are. It could include 1:1, therapies (e.g. OT and SALT), support with organisation/executive function, laptop and assistive technology/specialist software.

EHCNAs (the initial assessment that is requested before an EHCP is issued or not) are requested from the LA, not the school. You can’t have an EHCP put in place now but it only apply from the start of secondary and not be in force now. An EHCP is legally binding from when it is finalised. However, the EHCP process takes time, many have to appeal at least once (the waits for appeal are long), and an EHCNA requested during in Y6 should also consider the transition to secondary.

wintermoon · 17/07/2023 18:17

Relaxinghammock · 17/07/2023 17:21

Provision in EHCPs is based on individual needs, so it depends on what DD’s specific needs are. It could include 1:1, therapies (e.g. OT and SALT), support with organisation/executive function, laptop and assistive technology/specialist software.

EHCNAs (the initial assessment that is requested before an EHCP is issued or not) are requested from the LA, not the school. You can’t have an EHCP put in place now but it only apply from the start of secondary and not be in force now. An EHCP is legally binding from when it is finalised. However, the EHCP process takes time, many have to appeal at least once (the waits for appeal are long), and an EHCNA requested during in Y6 should also consider the transition to secondary.

Thank you. Might be worth starting this process now. I will also see what the child psychiatrist says when doing the ADHD assessment.

OP posts:
Phineyj · 18/07/2023 16:47

We did an ECHNA in October of year 5 and had to do tribunal to get the council to assess. If they do issue a plan (they could say no again), we should get it by September of year 6. But if they do refuse to issue we won't get it till year 7 probably.

You need to start right away...it takes ages and you've already probably left it too late to name a school (although that part doesn't matter if you've got mainstream options that are acceptable to you).

The main benefit is the council pay for reports (we've had educational psychology, speech and language therapy, occupational therapy and physiotherapy) and it places a formal duty on the school to provide what is in the plan.

Relaxinghammock · 18/07/2023 17:22

OP hasn’t left it too late to name a school. Even if an EHCP isn’t issued until her DD is already in Y7 she will still get the opportunity to state her preferred placement prior to it being finalised, and the finalised EHCP will still have a school named, which can be appealed if disagreed with.

The duty to provide provision in an EHCP ultimately lies with the LA rather than the school.

Phineyj · 18/07/2023 17:53

You are right of course @Relaxinghammock (wouldn't dare debate with you on specifics 😀) but I didn't know if OP was aware that it's likely an EHCP wouldn't come through before the school change.

Relaxinghammock · 18/07/2023 18:29

@Phineyj you are right, if OP has to appeal more than once then it definitely won’t be finalised before the start of secondary. I just didn’t want OP thinking she couldn’t name her preference even after the start of Y7.

wintermoon · 18/07/2023 19:51

Phineyj · 18/07/2023 16:47

We did an ECHNA in October of year 5 and had to do tribunal to get the council to assess. If they do issue a plan (they could say no again), we should get it by September of year 6. But if they do refuse to issue we won't get it till year 7 probably.

You need to start right away...it takes ages and you've already probably left it too late to name a school (although that part doesn't matter if you've got mainstream options that are acceptable to you).

The main benefit is the council pay for reports (we've had educational psychology, speech and language therapy, occupational therapy and physiotherapy) and it places a formal duty on the school to provide what is in the plan.

Thank you. So is it up to the educational psychologist etc. once they have seen DD, to suggest what help she would need and implement that into the ECHP?

OP posts:
wintermoon · 18/07/2023 19:54

Relaxinghammock · 18/07/2023 18:29

@Phineyj you are right, if OP has to appeal more than once then it definitely won’t be finalised before the start of secondary. I just didn’t want OP thinking she couldn’t name her preference even after the start of Y7.

wow! It might take that long! I was reading up on them and it said around 20 weeks (I have also been reading others experience on MN and realise that it wishful thinking...)

OP posts:
Phineyj · 18/07/2023 20:02

Hi OP, well, that's the theory, but it's the people at the council who write the EHCP (not the educational psychologist) and provisions in them cost, and councils are skint, so it depends. I'm currently drafting my own so I can compare what the council come up with! The ed psych did seem to really "get" my daughter, so that's positive.

Phineyj · 18/07/2023 20:03

The 20 weeks is from when they agree to assess. It took us 6 months to get there (tribunal).

Relaxinghammock · 18/07/2023 20:07

The process does take 20 weeks if you don’t have to appeal. That timescales is statutory and can be enforced if the LA breach it. However, many have to appeal at least once, some more than once, and the waits for appeals are long.

The 20 weeks starts from when the EHCNA is first requested, not from when the LA agree to assess. IPSEA’s document explaining the timescales is here.

The reports will (or at least should!) cover needs, provision, outcomes. Provision in EHCPs is taken from the reports, not just the EPs report. The LA write the draft using the reports.

Phineyj · 18/07/2023 20:10

I don't quite get that @Relaxinghammock -- so I did the ECHNA in Oct half term, they said no exactly 6 weeks later, then I did the tribunal, which said they must assess (decision dated 14th April). I've been counting weeks from then - is that wrong?

Sorry OP!

wintermoon · 18/07/2023 20:13

Phineyj · 18/07/2023 20:10

I don't quite get that @Relaxinghammock -- so I did the ECHNA in Oct half term, they said no exactly 6 weeks later, then I did the tribunal, which said they must assess (decision dated 14th April). I've been counting weeks from then - is that wrong?

Sorry OP!

No, don't apologise! The more I read the more I learn if the same happens to me. Thank you.

OP posts:
Phineyj · 18/07/2023 20:18

It's almost like they make it as difficult as possible to put people off 😡

Relaxinghammock · 18/07/2023 20:19

@Phineyj The timescales post Tribunal are set out in Reg 44 of the SEN regs 2014.

Within 2 weeks of the Order the LA must notify you they will assess. Then, if they aren’t going to issue inform you with 10 weeks of the Order. Or, if they are going to issue finalise within 14 weeks of the Order.

wintermoon · 18/07/2023 20:24

Relaxinghammock · 18/07/2023 20:07

The process does take 20 weeks if you don’t have to appeal. That timescales is statutory and can be enforced if the LA breach it. However, many have to appeal at least once, some more than once, and the waits for appeals are long.

The 20 weeks starts from when the EHCNA is first requested, not from when the LA agree to assess. IPSEA’s document explaining the timescales is here.

The reports will (or at least should!) cover needs, provision, outcomes. Provision in EHCPs is taken from the reports, not just the EPs report. The LA write the draft using the reports.

Would it speed it up if we have a definite diagnosis from the CAMHS ADHD Assessment? Also, do you know if I could ask the ADHD assessor to mention in her report that we should apply for an ECHP assessment for a smoother transaction to secondary (I know she is going to struggle in secondary - DD is very bright and witty (too witty sometimes haha) and has a great imagination and ideas, but really struggles with concentration, focus, fidgeting etc. - every teacher she has had, has said the same thing )?

OP posts:
Phineyj · 18/07/2023 20:28

OK thanks - I am on the right track then. They go overdue on Friday and my letter of complaint is all ready to send!

Something that has taken me aback, OP, is the extent to which I've had to chase up the assessments the council requested. They just said vague things like "referral to physiotherapy" but not who or where. When I figured that out and rang them directly, it was easy to arrange a date. Unfortunately they'd already wasted 2.5 months by then [I'd been busy chasing up all the other professionals AND the council AND the school].

The whole thing has reminded me horribly of the National Lottery grant applications I used to do, with a dash of teacher training.

Get prepared for a lot of emails, phone calls and typing OP. I even had to teach myself to use the indexing function on Adobe Acrobat, I had so much paperwork for the tribunal.

I will not be defeated though.

Relaxinghammock · 18/07/2023 20:28

EHCPs are based on needs rather than diagnosis. So, a diagnosis in and of itself won’t change anything. Although the report may provide evidence. But, the LA may still refuse and force you to appeal. Personally, unless money is no object, I would save your money in case you need independent reports for appealing, where EP, OT, SALT are likely to be more helpful.

You could ask the ADHD assessor to mention it, but they may not have a good understanding of EHCPs and SEN law and/or the LA may ignore it anyway.

Phineyj · 18/07/2023 20:30

My DD is absolutely hilarious with a really surreal sense of humour and a brilliant ability to mimic adult authority figures. I hate how the EHCP process makes you write about all their deficits.

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