EHCP & Wraparound Care

[NishaShukla]

Hello! My daughter is nearly 5 and starting Reception in September. She doesn’t speak, and is displaying what I think is autistic behaviour but not had a formal diagnosis. I did do an application myself for an EHCP, but it was rejected. I don’t feel the school are being supportive. I work full time and am a single mum. I really am nervous how things will pan out. I wrote loads of notes to reiterate as much as I can to the school when they come to do the home visit of all my concerns. She really needs extra support at a special school. I really don’t think the school will be able to cope with her and feel they will disrupt my working life because they can’t cope with her. My brother was a special needs child and because my parents didn’t have the right support, their marriage suffered. I don’t want to suffer because I can’t get support for her. I really need Wraparound care for her, but not had any luck. I’m based in Birmingham.

Did you appeal the EHCP rejection? Was it a refusal to assess or refusal to issue?

Have you spoken directly with the school’s SENCO?

DD is entitled to attend school full time unless the school formally excludes/suspends her or you choose to send her part time until the term after DD turns 5. The school must not informally exclude as that is unlawful. If they try to do that (as some schools do) you need to refuse to collect DD unless she is formally excluded/suspended. The reasons for this are making it official a) provides you with evidence of unmet needs, b) forces the school to follow due process, c) limit the number of days the school can suspend for, and d) allows you to challenge any suspensions/exclusion.

If you are struggling to find wraparound care because of DD’s needs, some people find looking for a PA/carer rather than childcare works.

Hi. It was a refusal to assess. I will speak to the SENCO at the school definitely. I’m hoping that they will support me in submitting a new application or I can appeal the decision. I know she needs extra help and support.

When was the refusal to assess? If you are still within the appeal window submit an appeal. The vast majority of appeals are upheld. If you are outside the appeals window you should make another EHCNA request.

It was literally 2 weeks ago. I’m not able to access the letter as it’s on my email (technical issues) I’m guessing I can appeal it? I will do that.

Yes, you will be able to appeal. You will need the letter. Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic. If they are going to concede, they will do so regardless of whether you actively partake in mediation or just get the certificate.

Think about what evidence you have and whether you need independent assessments. Submitting SARs to the GP, hospital, any other professionals involved, and nursery if DD attended will help you gather evidence.

I echo what @OvertakenByLego says. You must appeal the refusal to assess asap. I would also make an appointment to see the school's Senco as soon as your DD starts. Explain that you're appealing the decision. The school may be supportive and might help you gather evidence (eg they can document that your DD's not coping without support).

Document everything. If the school says they can't cope with her and call you etc. make sure everything is put in writing. Email the school to follow up every meeting and conversation.

Where are you with the diagnosis process? (Your DD doesn't need a diagnosis to access support or get an EHCP but if you're thinking of special schools or a supported unit, some may require a diagnosis.)

Is your DD getting any speech and language therapy? If she's not I would really be pushing for that urgently. Again, speak to the Senco.

In terms of wraparound care - what are you doing now? Does her new school offer it? Or are you worried they won't accept her?

Are you claiming DLA? If not, I would strongly advise that you do. It's not means tested and it can be spent on anything that improves your DD's life so it could be spend on childcare as an additional expense a NT child would not incur. The form is pretty hideous but the Cerebra guide can help.
https://cerebra.org.uk/download/disability-living-allowance-dla-guide/

Ipsea has some good info on appealing here:
https://www.ipsea.org.uk/refusal-to-assess-appeals

Thank you for all the advice! It’s really helpful. How do I get the certificate without going through Mediation? I spoke to SENAR today and they said to go through mediation as they will be able to overturn the decision without going through to appeal? In terms of wraparound care, I haven’t been able to sort anything yet. There is a provision at the school but they won’t let me use it for her as she is a SEN and also they are full but I think it was more that she’s a SEN and needs one to one support. I really want to get the plan as soon as I can so that she can go to a Special school. It’s really hard to work around her at home just because the school won’t have her full time yet. I’ve made an enquiry to a provision and said from October full time in the hope that the school will have her in Full time.

It’s really hard to work around her at home just because the school won’t have her full time yet.

If you want DD to attend school full time she can unless the school formally excludes. Don’t allow them to informally exclude DD.

The letter will give you details of the mediation company. You contact them, but you only have to consider mediation you don’t have to actively partake in mediation. Personally, I wouldn’t bother with mediation. LA’s use it as a delaying tactic. If the LA is going to concede they will do so regardless of whether you participate in mediation or just get the certificate and submit to SENDIST.

As a slight aside, if you do manage to get your DD into a special school or a specialist unit, I'm not sure how that's going to solve your wraparound care issue - even with an EHCP.

Even with an EHCP, sadly schools can - and do - exclude DC from after school provision. I'm not sure many specialist schools even offer it.

It sounds like your DD has already started Reception? If so, you say you 'hope' they will take her fulltime from October? What has the school actually said? Are they doing a staggered start for all the DC? I know some schools do that - although as @OvertakenByLego has said, you can insist that she attends full time from now.

It may be that the journey to a SS or ARP would be longer so OP is hoping transport could solve the issue of wraparound care.

I am looking into a more long term plan even when she does go to a more appropriate provision. I hope by then I’ll be able to arrange something. I’m just a bit confused. Do I not need to go through mediation to get the certificate? Do I ask the SENAR for the certificate? Im not entirely sure I understand. My DD is about to start Reception in September. I did have an SSPP from the Nursery which went to the school which outlined all their observations and to ensure they put things in place, but they haven’t said what or how. She cannot be left unsupervised, she doesn’t recognise danger or follow instructions. I know she needs one to one supervision. She’s also still in pull ups and has known to smeer poo everywhere. It’s really not nice and I really don’t think they will be able to cope with her. I really want to appeal as soon as possible. What do I do? Call SENAR or the Mediation to register my appeal? Or speak to the SENCO when school starts? They are making a home visit next week so was looking to really lay it on with them all my concerns and worries.

You have to contact the mediation company for a mediation certificate, but you do not need to actively partake in mediation, only consider it so just get the certificate. Once you have the certificate you can submit an appeal to SENDIST.

If you’re hoping for Asc until 6 I think that will be impossible. Maybe up to 4 at a push on transport. Maybe consider someone being at home with your daughter to look after her ….. I know so many people who have had to quit their jobs due to this issue with lack of childcare / education and having to look after the child. It’s quite a long road to fight not an easy quick solution. Plus sickness and holidays.

Good luck

I can’t really think of the worst senecio. That wouldn’t help her if not in education, nor would I be able to give up work. I’m going to fight for what I know she needs and I know I will get there. I’ll contact them to get the certificate x

The refusal to assess (for the EHCNA) letter should lay out all the steps. First it is time-sensitive that you phone the mediation phone number and request the mediation certificate. Some people do choose to go through the mediation process but in my experience, it’s a waste of time. In my area parents are well supported in the appeals process through SENDIAS but the experience may be different depending on where you are in the country.
Once you have the certificate you need to prepare your appeal and submit that to the local authority. You will need any evidence you can collate to back up your appeal.
min terms of the SENCo, I would email them now - look on the school website. I would not wait for the home visit.