I approached teacher about EHCP and they said no. Is it worth it in this situation?

[WanderingandWaiting]

DD11 in final year of primary; she has a diagnosis of autism. She is suffering and has not attended school for 2 weeks. Since term started, she has not attended a full week.

School have offered some support but are useless on the whole. I don’t think it’s the right environment for her and think
she needs a SEN school (lots of issues leading up to this). I don’t want to send her back to school as it’s taking a serious toll on her mental health.

I approached the sen teacher and asked about EHCP, they said DD has no reason to have one. I know I can apply myself and I’m prepared to appeal, but realistically what are the chances of a child not in school getting one at tribunal?

Yes you should apply yourself. We did and our child has just been given an EHCP despite school saying that they wouldn’t support an application for EHCNA or apply for one themselves. We had lots of school refusal, and no formal diagnosis.

Schools and LAs often say an EHCP DC doesn’t need or won’t get an EHCP, but the parents go on to successfully apply themselves, so don’t let the school put you off. The initial threshold you need to focus on is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. If DD can’t attend school because of her SEN, she meets that threshold.

If DD can’t attend school full time, the LA has a duty to ensure DD receives a suitable full-time education. This should begin once it becomes clear 15 days will be missed. The days don’t need to have already been missed or consecutive.

Whatever you do, don’t deregister. Crudely, you are someone’s problem at the moment and the LA has responsibility to make alternative arrangements to educate DD. If you deregister it is easier for professionals to sweep DD’s needs under the carpet and the LA will say you are making suitable alternative arrangements, thereby reliving them of their duty.

Thank you both I’m going to apply myself.

There are charities that will help support you with an ehcp application. Eg in SW london / Surrey borders my friend used Skylarks

www.skylarks.charity

On their website IPSEA has a model letter you can use to request an EHCNA.

My DC, with autism, was out of school for less time and we got an EHCP and a special school place. I was made to believe they didn’t need ann EHCP until well after the point that we obviously did.

I did a parental request as school said my son wouldn’t get one. We got a refusal to assess but as soon as I logged an appeal they conceded (yesterday) so we are now starting the assessment process.
Definitely send off the IPSEA letter yourself, it’s way quicker and easier than convincing school to do it!