What can I ask for?

[sealbark]

I am writing the letter to request an EHCP. I'm clear why I'm asking- DC has multiple diagnoses and reports from OT, ed psych etc. School have identified special needs. So I have filled in the "test 1" paragraph.

I have a list of things for "test 2", but don't want to miss asking for something that would benefit DC. I have put health stuff, social stuff, request for one to one at school, special school etc. What else can be asked for on an EHCP? DC has significant needs, and I feel generally if I go in asking for the moon on a stick, and then they give me cheese and pineapple on a stick as a compromise, at least I have cheese and pineapple on a stick. Whereas if I just ask for cheese, they'll negotiate down to one lonely pineapple.

Does that make sense?

What did you get in the ehcp that I might not have thought of for my brilliant, but challenging, DC?

Sorry to be the bearer of bad news, but generally you can't ask for anything. You can refer to evidence from expert reports, so it depends what they indicate is needed.

You can describe needs and provide context, describing experiences. And you can ask professionals writing supports on DC to be very specific about the support/provision they think is indicated. Requires some pretty forensic cross-referencing.

*reports not supports - sorry.

But one of the reasons I'm applying for an EHCP is to GET more specialist reports? It all appears very circular. Unless you can pay private, the reports I have detail the problems, but few solutions.

Yes, and the individual assessments the LA commissions, if it agrees to assess, will hopefully generate a view of the provision that is required to address the needs identified in the assessment.

But I need to put what I think is needed in the letter requesting assessment? How do I know what I'm asking for before they assess?

I'm probably not helping you much here. Hopefully someone more knowledgeable will be along soon.

You don’t need to pay for independent reports at this point.

For the second part of the EHCNA test, you only have to show DC may need SEN provision to be made via an EHCP. You don’t have to know exactly what provision is definitely required. Not least because the provision in EHCPs is taken from the evidence rather than from what parents ask for. If you have evidence (which doesn’t just have to be from professional reports. It could be e.g. from school information) DC may need more provision than is typically available in mainstream and a 1:1, therapies and SS etc. are needed or may be needed you have enough. Although, that doesn't mean the LA won't refuse and force you to appeal.

@BlueBrick That is really helpful. So the fact my child already has one to one the majority of the time, and therapists have noted this, is enough?

If 1:1 is being given because it is reasonably required (which it presumably is if the school is providing it without an EHCP) and you have evidence of that, that along with the other evidence you have would meet the second part of the test.

I think that in the letter asking for assessment you need to show 1) SEN and 2) That school isn't currently coping. So not so much asking for adjustments as showing that your DC is currently not appropriately supported. You don't show that by asking for support, you show that by the failures/problems they have having. (I think).

School say they are coping, though? And that we need three cycles of SEN plans before applying, which I thought was a myth? (Although we are nearly there.) They might say they're coping, my DC isn't!

Therapists have documented that DC needs 1-1, and still doesn't engage. DC is behind their peers.

It is a myth. The only lawful test is a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. Anything else e.g. 2/3 APDR cycles, 2+ years behind, spent £6k, had an EP assessment… is unlawful. You don’t need the school to agree either.

It's amazing what LAs say in writing about this stuff. Was looking at Brighton and Coventry for other reasons yesterday. Shame this isn't inspected by someone centrally.

LAs are inspected by OFSTED, but it isn’t a sufficient deterrent.

Specifically their website content. On EHCNA, and attendance, you would hope they would all managed to describe the position as it exists in law