Dyslexia help

[AccidentallySuckedTheStrippersDick]

Hey all, trying to help my DN, he's 7.5 and has speech delays but is coming on a treat with his taking and is even rather eloquent at times. He is currently on an ASD pathway. The main problem is that he's been failed terribly by school and we are currently awaiting an EHCP which should hopefully award him a C place in a special unit. We have pushed and pushed with school to get him a dyslexia assessment as his reading and writing is shocking. But the school are refusing and dragging their feet as basically they just want him gone from their school. We are at the point of paying for a private diagnosis but we are far from well off, my sister is his carer and £400-600 is a huge amount of money to her. It would mean putting it on a credit card and then paying it off over 12-24 months which would add interest etc.

To be clear. He can't reliably write own name. His letters are often back to front but he has a really great grasp of maths and can add/subtracts etc. He does his very best to spell phonetically but shows absolutely zero consistency. If your child has dyslexia, or you know about dyslexia, do you think it's worth pursuing this private diagnosis? I've attached some pictures of his very best work but we know he's very heavily "supported" in school and they often do his work for him which has created a kind of artificial level of abilities. He got 2/40 on his phonics test.

Where is DN in the EHCP process? Is the LA sticking to the statutory timescales.

If the LA agree to assess, an ed psych assessment will be part of the EHCNA. Whilst it may not put a name to the difficulties because sadly many areas have an unlawful policy of not doing so it should highlight the difficulties.

Personally, I wouldn’t pay for a dyslexia test now, especially one that only looks at dyslexia and isn’t tribunal standard. I would save the money for an independent ed psych assessment if you need to appeal the EHCP. If you needed to appeal your sister could then check if she is eligible for legal aid. If not Parents in Need can sometimes help fund reports?

Has DN tried typing and assistive technology &/or using a scribe?

He had been granted an EHCP, but the plan was not smart or quantified so its gone back to them. They are really dragging their feet and haven't met the time scales so we have complained repeatedly and formally and they have promised a response " on or around the 18th July" which were still haven't had.

We have found a brand new SEN unit within a main stream school, that can 100% meet his needs AND has space AND he likes it but they won't accept him until the EHCP names them for funding etc. But time is ticking on and he's getting left further and further behind and he hates his current school and actively avoids trying to do any work as they have treated him terribly, making him sit outside the head teachers office for hours, refusing the take him on school trips, telling him he's a naughty boy. He was left in the play ground at one point while the rest of the students went inside and started class.

The only reason he got an EHCP was because his mum decided to apply for it herself, school were massively dragging their feet and barely even had written records of his behaviour and IEPS etc. took us days trawling through our social media, text messages etc going back 4 years to list all of the incidences and school had recorded them all totally inaccurate and in some cases, not at all.

He's such a sweet boy, he's pure sunlight and happiness and seeing how much trauma he's going through is heart breaking but options are so short right now. We are very concerned that the massive backlog of EHCP plans mean that this unit is going to get filled up and once again he will be let down. We desperately want him to be in his new school in September .

If your sister has a finalised plan she should submit an appeal ASAP. Whatever she does, she shouldn’t let the right of appeal lapse.

If she doesn’t have a finalised EHCP and the LA is in breach of the statutory timescales she should email the Director of Children’s Services reminding them of their statutory duties and threatening judicial review. If that fails she needs a pre-action letter.

It's not a finalised pan, it was a draft that was full of Woolly language like " needs support through the day ". So she replied saying this isn't smart or quantified and by your own guidelines it must be both. And it's this final plan that is being delayed. Part of the problem is that she's applied for the EHCP herself and the Ed psych report that she had was never intended to be used as EHCP evidence, rather it was done to placate her by the school and try to see what help he needs. But she has so much evidence about his needs, and is so good at sorting this stuff out that she got the EHCP anyway even without the school supporting her. It's just not been finalised yet. She really is his biggest champion and I'm so proud of her and what she has achieved. We just need to get over this stumbling block. Get a proper EHCP . Get him in his placement. Get him the help he needs.

I've just spoken to her and she said said she used an IPSEA template and complained to the head of children's services and also the head of the council. The reply said we will hear by or around the 18th July. And here we are 3 days later with nothing.

So, as it isn’t finalised she needs to email the Director of Children’s Services again reminding them of their statutory duty to finalise within 20 weeks and threatening JR. If that doesn’t work she will need a pre-action letter. Normally I would suggest SOSSEN, but they have closed their waiting list, so she will need to find another firm that can/will take her on e.g. Coram, Sinclairs, Simpson Millar, Birketts, Bailey Wright, Harrow law centre, Just for Kids.

An EP assessment should have been part of the EHCNA. Existing reports can only be used if the parents, LA and report writer agree it is sufficient. Was this not done? Did the EHCNA include OT and SALT assessments?

God this is all so complicated 😟

He was under the SALT team and they have been brilliant with him. They supported her in applying for the EHCP. I think she asked for a meeting with everybody when she sent the first draft back to them, and never heard anything back at all. So it seems like it's just going through without all that?

At this point, your sister should just push for the LA to finalise and appeal.

I know DN was under the SALT team and they helped with the EHCNA request, but was advice and information sought from them during the EHCNA? And an OT assessment?

Provision in EHCPs is taken from the reports. If they are missing or poor they provision in section F of the EHCP will also be missing or poor. The easiest way now to solve this is via appealing and seeking independent assessments.

You need the final EHCP to get into the special unit. Your sister needs to focus on that.

A dyslexia assessment will not get him into the unit. A perfect EHCP isn't needed. In fact, they'll be hesitant to take a child whose EHCP is so prescriptive that they can't carry it out.

So push to get it finalised and with he unit named. If it's not good enough then, or the provision at the unit is not meeting his needs when he starts, appeal.

The problem with not appealing a vague and woolly EHCP, even if the ARP is included, is DN may not receive any support if F is not detailed, specified and quantified and it won’t be enforceable. Your sister would be left requesting an early review, which the LA doesn’t have to agree to and there’s no right of appeal.

This was the problem. The original ED psych report the school has done said tubs like " he would benefit from 1-1 through the day " . That could be checking in with him for 2-5 minutes every hour or a 1-1 9am-3pm. We did go back to the Ed psych and ask them to elaborate but they refused.

My sister has contacted some education solicitor forms today and is hopefully hearing back about an appointment on Monday.

Before paying for a pre-action letter, your sister should try emailing the Director of Children’s Services threatening JR, because sometimes the threat works.

She has done that and will also be contacting our mp Monday as well as speaking to the solicitor to find a way forward. We desperately want him to start his new school in September as up to now the vast majority of hood school life has been wasted.

Hi this is sister, mum to DS/DN. The problem I am having is the LA. So we are about 6 weeks outside the 20week deadline. So I emailed case worker, she replied saying they are snowed under. I emailed head of children's services and copied local councillor into it. No acknowledgement or reply. Contacted head of council, no reply or acknowledgement. Made a complaint and they acknowledged but said around the 17th July for reply. No reply. I also sent a letter including the original email and official letter to their legal department. Nothing. I sent the ipsea letter to head of children's services with the "I want it within 5 working days etc". So that was included in the letter to legal department. When I applied for the EHCP I didn't really fully understand that the Ed psych report that was done wouldn't be the best for the EHCP as it wasn't in-depth or quantile enough. To be honest when I went through the documents that were sent to the LA for the EHCP assessment I was very underwhelmed. He is under SALT, they go in termly and it was them who said I should apply for the EHCP. He is under paediatrician and was denied a face to face OT app, which the paediatrician wasn't happy about. There is a shortage in paediatricians in our area at the moment so everything takes so long.
I asked for a co-production meeting when I sent the draft back. Nothing and at this point I just want the final back to I can appeal, which I fully intend to do. I need to ring a solicitor on Monday and see if I qualify for legal aid. So if I do it will be a letter hopefully from them to the LA.
At this point I don't even think they have contacted schools to see who can meet need, as the school he is in are asking me what is going on and asking for a draft etc. I have asked for an SEN unit attached to a school. When I went to see this school they said that he could have a place in September in mainstream and they would help push/change EHCP for the SEN unit. But they have since merged classes and cannot accommodate him in mainstream now. His current school are keeping him on register for September and I have said I will update them as and when I know anything. I have read all replies and think waiting for the dyslexia assessment will be best based on what you have all said. Thank you for your help, at this point it really is very useful and will be going forward.

If you ask for the mainstream with the unit to be named, that school can go over their intended class sizes to accommodate him. "Full" is not a reason to deny a place for a child with an EHCP.

Keep fighting for them to get drafts sent for consultation. It shouldn't need a letter from a lawyer for them to meet legal timescales, but it's sadly common that it does. Fingers crossed that you qualify for legal aid. Definitely appeal when it's issued. Equally, if the unit is good, you may not need a perfect EHCP for them to meet his needs really well.

You can see whether you will qualify for legal help/aid here. For a pre-action letter, it will be in your name. But if a pre-action letter doesn’t work, JR proceedings will be in DS’s name and he can qualify for legal aid in his own right.

When you emailed the Director of Children’s Services did you threaten judicial review? If not, it is worth trying that first.