To ask has anyone got an EHCP in the Independant sector? Mainstream

[GetMeOutOfHere20]

My child is autistic, with sensory and auditory issues. She is making academic progress in her Independant school, but this is taking a huge amount of scaffolding at home. A specialist school would not be right for her.

I need to get an OT report and a SALT report. I’m in the process of getting an EP report. All privately - it’s costing a fortune.

I got rejected for an EHCP, the school said she’s making progress to the council. I did such a good application but I knew I’d be rejected. What now? Can anyone help. Her main needs are sensory, mental health, auditory processing and anxiety.

I don’t know what to do next.

Until you’re out of the Independent sector, you will have to self fund.

My sister’s son is also at an independent school and she’s applying for financial assistance. I tried to gently explain that this would be a waste of time, but 🤷‍♀️

Once out of independent sector, then you have more chance of getting help with funding.

Look at it from the pov of the council…. Why would they financially assist a family that has the funds to pay privately when there’s thousands of children in same situation who’s parents are struggling to pay their utility bills let alone fund support for their child

Appeal. Was it refusal to assess or refusal to issue?

You can get an EHCP for DC in an independent school. I have supported others to in independent schools to get EHCPs. Although some have to appeal.

If you get an EHCP, for an independent school to be named in the EHCP, you need them to agree to being named and to prove the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure. Although, again, many have to appeal.

If the school is named in the EHCP, the LA is responsible for funding the fees and the special educational provision.

If the school isn’t named but you make your own arrangements to keep DD there, the LA doesn’t have to fund the fees or the SEN support. Some LAs will occasionally come to an arrangement whereby the parents pay the fees and the LA funds the special educational support but they don’t have to and such arrangements are less common than they once were.

Until you’re out of the Independent sector, you will have to self fund.

This is not correct. DC in independent schools can get EHCPs and EHCPs can fund independent schools. OP can pursue an appeal (then appeal the content/placement named, if necessary). It is not a waste of time.

It isn’t just someone I have heard about. It is parents I have supported.

Wouldnt the independent school need to be on the Section 41 list for the fees to be funded - and hence it is a special school by default? In regards to EHCP funding, if the child is academically able, doesnt that disquilify them from EHCP funding as well?

No, wholly independent schools (be they MS or SS) can be named in EHCPs. The rules for naming them are different to the rules for naming s41 independents but they can be named.

EHCPs are about more than academic ability. Academically able DC can have EHCPs. I have 3 teen boys with EHCPs who are academically able (2 more so than the other).

@perpetualplatespinningplease by your username I doubt you have the time could I DM you?

I need regular OT and SALT, OT at home for high sensory demands.

My son attended a non specialist, non section 41 private school with an EHCP.

That your child got before joining the private system?

He did, yes. Other children received EHCPs whilst already at the school though.

Of course you can message.

SALT and OT can also be included in an EHCP. Again, it often takes an appeal, I’m afraid.

The law is the same regardless of whether the child is attending a state school, an independent school or no school.

OP we're going through this at the minute. Council's tend to refuse to assess as it results in a lot of people withdrawing from the process.

We immediately applied for mediation and have this next week. I've been advised most councils concede at this point, especially if you have relevant evidence e.g diagnostic reports.

Arrange a free consultation with a solicitor, we've found this to be invaluable.

The solicitors advice was as long as there's less than 10k cost difference between each setting the council will pay for the independent school - although they are likely to try and push back in the first instance.

If you have evidence that the independent school is a disability need, for example, due to a need for a low arousal environment and small class sizes, this strengths your case and would help you to secure the placement if there is more than 10k difference. You may need an Ed Psych to visit each setting and set out their recommendations

The advice and template letters on this website are invaluable - https://www.ipsea.org.uk

Thank you so much. I need to work this out I will message you @perpetualplatespinningthank you.

Can anyone recommend a solicitor for me to talk to for free?

My DD got her EHCP in June of year 6 in a private primary (we paid all the school fees though). We applied in October of year 5. It was clear to me that the LA didn't want to deal with a private school, but whatever, children are children and their rights under law don't suddenly vanish because they're not at a state school.

You need to decline mediation and do a tribunal appeal against refuse to assess. You do not need a solicitor yourself, just time and patience. All the info you need is on the IPSEA website.

Thank you! Yes I think I will decline mediation - the problem in some ways is the school! Cos they’re saying she’s making academic progress. BUT at the expense of immense scaffolding hence needing the OT and SALT support.

Sorry i said it’s taking a huge amount of scaffolding at home I got that wrong !!

EHCPs are about more than academic ability. You can get EHCPs even if the school doesn’t think it is necessary. They can also be secured even if needs are being met currently - e.g. by a school providing more support than is typical without an EHCP.

You don’t need a solicitor. However, if you want one, some examples of firms who can help with SENDIST appeals are Watkins, Simpson Millar, HCB solicitors and Sinclairs. Firms won’t give detailed advice for free. If you want free advice, have a look at IPSEA and SOSSEN.

You might be able to organise a free 30 minute consultation with Irwin Mitchell, Geldards, or HCB. We chose mediation over tribunal as mediation has to take place within 30 days, a tribunal appeal will take significantly longer

has to take place within 30 days

Mediation should happen within 30 days, but it doesn’t always. Sometimes the LA say they can’t attend within 30 days, which means the mediation service has to issue a certificate anyway, but mediation can still happen after the 30 days.

It’s one of a million things going on but very important I get it right, it’s a minefield and unfairly so. I just want OT and SALT support the school cannot give.

i will look at ipsea - what do people think Mediation or not?

Forget mediation. It's just a delaying tactic.

Personally, I don’t bother with mediation. If the LA is going to concede, they will do so regardless of whether you actively partake in mediation or not.