If you've gone through the EHC process, what would you do in this situation?

[LittlePickleHead]

This may be a bit long so apols in advance but it's a bit of a complicated situation and I'm not quite sure of the best approach.

DS (12) has had issues with school anxiety all through primary school, which got significantly worse after covid. Primary school were always very collaborative and helpful at managing this but he needed quite a lot of support at the start of the day with transition (e.g. he had various approaches but the one that lasted til end year 6 was us dropping him in the SENCO room early, staying for a bit, him then staying with the SENCO until after class had started, then he would go to class when everyone was settled to miss the busyness of the playground and corridors). He had a couple of CAMHS interventions for anxiety during this time but was turned down for further support.

We knew secondary was likely to be difficult and tried to prep for this - he didn't get into our preferred school because of distance and appeal was fruitless because of no EHCP.

The school he got into is a large outer London boys school. We tried to work with the school to get support on transition (e.g. to discuss a gradual start, a quiet room he could access, to be with friends) and they basically let us down at every turn e.g. all his friends were in one class and DS was on his own. Essentially they didn't take us seriously until the wheels started seriously falling off by November, at which point DS anxiety was crippling and none of the adjustments were of any use. He stopped being able to attend school completely and even stopped being able to leave the house to see friends. He hated himself and started saying he wanted to die. Given the school couldn't offer us support or work sent home with off-rolled him and enrolled him into online school to stop the escalation and give us all breathing space (2 hours a day trying to get him in was just unfeasable).

The school did refer us to an EBSNA pilot programme which was useful as we got a fast tracked ASD diagnosis and a mentor who has now written a report for EHC. Alongside we are waiting for an Ed Psych report, we have psychiatrists assessments and all our correspondence from his school so we have a lot of evidence as to what he needs to reintegrate, however we are only at the start of the EHC assessment application process.

Online school has been useful in that DS (who is academically very able) has kept up with the curriculum and had structure to the day, but he is now disengaging and upset with being homeschooled - he misses seeing friends and he wants to be in a 'normal' school, although can't even walk past his last school without a panic attack so it needs to be a new school.

Aware we could be waiting a LONG time for the EHC and DS wants to start year 8 back in school. We've been visiting both mainstream and specialist schools and are in a tricky situation - we can't access specialist without EHCP which could take a while, and also may not be named as in theory his needs should be able to be met in mainstream. But when I detail his situation to mainstream schools locally they are all without fail saying that they don't have resource without the EHCP and need to set expectations. But surely legally he has to be offered somewhere he can attend? What we want isn't unreasonable its:

• a part time gradual, phased return
• a key person (s) who he can form a relationship with and trust, that he can go to if needed
• a safe/sensory room he can go to if needed
• possibly early or late transitions so he's not in crowded corridors

If he felt like he had these he would probably be OK once he got used to the school, it's the feeling unsafe and like he's not cared about/the teachers don't like him that causes the anxiety.

So (and thank you if you've got through all that) WWYD in this situation? Get him back on roll and attempt mainstream again while waiting for EHCP with the risk it could go horribly wrong if they don't accommodate? Wait for EHCP (what will he do in September then?!).

I just want to avoid another traumatic experience for us all (having to also manage all this whilst working FT). Thanks in advance for your thoughts

What week of the EHCP process are you on? Is the LA sticking to the timescales?

If you want to make an in-year application for a mainstream school place now, you can’t be refused a place because of DS’s SEN. However, while the school must make reasonable adjustments and make their best endeavours to meet DS’s SEN, that doesn’t mean DS will receive all the support he needs. That is unlikely without an EHCP. It sounds like DS needs far more than the four bullet points you list. In some schools, it wouldn’t be possible for them to guarantee to provide a safe/sensory room and without an EHCP some schools wouldn't be able to promise to have the same key person available he could go to whenever he needed.

Placing DS back in a state MS without further support could lead to more trauma.

If DS’s problem with online schooling is the lack of interaction, have you considered informing the LA you are no longer EHE and requesting alternative provision? Not ‘normal’ school, but DS might not realise it isn’t that that he is wanting, he just isn’t aware of other opportunities that could meet what he feels is lacking with online schooling.

Thanks for your response - I'm currently waiting for the Ed Psych report so we haven't actually made the EHC application yet.

I hadn't realised your point about requesting an alternative provision was even a possibility, how do we do that? I for some reason thought he would have to be enrolled again for any support to be forthcoming.

Part of the problem is how difficult it is to navigate this - we should probably never have off rolled him and pushed for AP then but the school were very unhelpful without an EHCP and at that point we were all burnt out from the daily stress of trying to get in

And I agree with the concern about reigniting the trauma - this is a very real fear we all have

Request an EHCNA ASAP. You don’t need the EP report first. On their website, IPSEA has a model letter you can use.

The LA is responsible for ensuring compulsory school aged pupils unable to attend school still receive a suitable full-time education under section 19 of the Education Act 1996. It applies to those on the roll of a school and those who aren’t. But, you need to be clear you are not electively home educating. That relieves the LA of their duty because they will say you are making suitable alternative arrangements. IPSEA also has a model letter you can use to request alternative provision.

Yes, it would have been better if you hadn’t deregistered, but you can’t change the past.

@perpetualplatespinning thank you so much for your advise, I have sent both letters off this evening. I'm annoyed with myself for not doing the EHC letter already, I was advised to get the EP report in advance.

I hope we get a response on the AP to allow us to have some idea of what DS can do in September.

Sorry to hear of your situation. Are there AP schools in your area? Where I live they are surprisingly supportive environments who are increasingly dealing with situations like this, with some success as far as I hear

If the LA ignores you or refuses your request for AP, post back here for advice on the next steps.

We are in a very similar position. Currently online schooling, but want dd to attend 6 form in person. We only have 2 6 forms, one of them highly selective, so no guarantee of her getting in, within 1.5 hrs travel time. Both schools say they won't accept a pupil who won't attend full time, even, or rather especially, if this is stated in EHCP. We wanted a phased entry with late arrival and possibility of some home learning (work sent home) when needed, ideally every Friday, at least in the beginning, as dd has ASD and full school day plus 3 hrs on public transport each day is too much, especially at the start (she currently won't leave the house and hasn't been to school or any thing in 2 years). But both schools will only admit a pupil with EHCP if the pupil can attend full time as they say they 'can't meet the needs' of a pupil who doesn't commit to full attendance, as then all the interventions won't work (yeah, sure, all the intervention we need is a bit of wfh, especially in the beginning, and a late arrival/early departure. DD is predicted 7-9s in 10 GCSEs, so there is no concern that she will struggle academically). So no idea where to go from here. Our only option is now to drop the EHCP process, register without Senco or LA involvement and then just call in ill when truthfully, she will be ill from autism burnout, and arrive late to avoid the busiest times (can't arrive early as there are no earlier public buses).

But both schools will only admit a pupil with EHCP if the pupil can attend full time
Both schools say they won't accept a pupil who won't attend full time, even, or rather especially, if this is stated in EHCP.

Are the schools wholly independent? If they aren’t, they can be named in an EHCP even if they object. Then they must admit and can be forced to. The bar to prove one of the legal exceptions to naming a non-wholly independent school is far higher than LAs and some schools admit. A part-time timetable and some home provision wouldn’t meet that threshold. For example, some DC do 1 or 2 A levels at school and 1 or 2 A levels other than in school. If part time provision is watertight in the EHCP, it must be provided and can be enforced.

Thank you. They are both state schools, one is a FE college and the other is a highly selective maths school. So the maths school can freely choose who they like as they are free to choose who'll 'thrive' best, and must not admit if named on an EHCP. The other is a FE college; the FE college does part time offers for home schooled GCSE students, so offers 2-3 GCSEs in school with option to do more at home, but this option is expressively not for EHCPs holders, only for elective HE without EHCP, and also requires 100% attendance commitment. There is nothing specific part-time for A levels, only the general policy that attendance is essential.

@NellyBarney you don’t need a specific policy/course/pathway for part-time A levels. Very, very few FE colleges would have that. You just need the EHCP written correctly.

If the maths school is not wholly independent, they can be named even if they object. And if they are named in an EHCP, they must admit and can be forced to. For selective placements, LA sometimes relies on the setting is unsuitable for the age, ability, aptitude or special educational needs of the child or young person exception, but you would be able to appeal and some of these cases are successful.

Just an update the LA have agreed to assess. I know this is just the first hurdle and they could still refuse a plan but is still a relief. 16 weeks take us to Nov

I've just read this thread and wondered if our experience might be helpful for you here. DC has an ASD diagnosis and starting struggling to attend school in year 6 - full attendance but late every day. By midway through year 8 they were more or less totally out of school, after months of reduced timetable etc. We managed to get an EHCP by halfway through year 9 (long story, still kicking myself at the timing) and the LA agreed, after a lot of complaining on our part, to fund an online school as an AP while naming the original school as the setting. The time away from the bricks and mortar school, together with very low demand parenting, has built things back up and bit and they started attending one lesson a week back at the original school towards the end of the school year - having been at the point you described at Christmas where we had to drive a long way round to avoid going past the school. Like your child they missed their friends, which was the big driver to get them back in. We are now in the position where the plan is to do the favourite GCSE subjects in person and the essentials online, with the two schools working closely together, and the original school providing catch up and additional support in person. At the moment DS is feeling very positive about this although time will tell.

Tellingly the LA Panel, having originally agreed to fund the online school as AP for a single term as a stop gap, has now agreed to fund this for the whole year, and made a formal note that they viewed it as 'good practice' in reintegration.

Part of what helped with the return to school was pastoral staff visiting at home which made DC felt more cared for, and the school has also ringfenced the time of their favourite HLTA to support them in person from the autumn. We're grateful at how flexible and supportive the school is being to give this the best possible chance. Anyway, I didn't know if you might consider something like this. The online school has quite a few children who do this sort of blended learning through EHCPs.

Sorry I've just seen this, thanks so much that is really helpful. I hadn't considered a blended approach. This could be a good way of managing a phased return or even part time schooling, I can see that some elements DS would like to be in for (PE, science experiments, DT) and other bits online would work better for. I am not sure whether a mainstream setting would be able to manage this, or whether the growing lists of necessary adjustments are going to be possible.

We're in a tricky situation that the assessment is in progress (and due mid-Oct) but because we had to re-enroll him to get the EHC assessment, we are now trying to work with a school to start the new term. We've had the SALT assessment and have a letter from a clinical psychologist with necessary adjustments and the list is long. Talking to the ASD advocate to see how much of this is possible in a mainstream school.

What I'm confused about is how to get a names alternative provision into the EHCP - there is a private school thats 95% EHCP students which would be able to deliver all the adjustments and we believe is the right environment for him, but no idea how to ensure it's names and that the LA will fund? We're going to visit again on Friday so can ask for some advice for this from the school as well

we had to re-enroll him to get the EHC assessment

You didn’t have to. Whoever told you that lied to you.

If the LA agrees to issue an EHCP, you will be sent a draft. At this point, you can comment on the draft and state your preferred school.

Independent schools can be named in EHCPs. That applies to mainstream and specialist independent schools. The rules differ depending on if it is a wholly independent school or a section 41 independent school.

Alternative provisions, such as care farms, can’t be named in section I of EHCPs. This provision is described in section F (but not the name of the provider) with section I left blank (unless the child is also to attend school/college). With personal budgets, the provider can be named in section J.

The school named in section I is the logical conclusion of sections B & F, so it is important they are accurate. B+F=I. Provision is written for the child rather than to fit a placement.