Starting primary school with sen no ehcp

[Beks1989x]

Hi hope some of you can help .My son is 4 yrs old currently at nursery with 1.1 support. He hasn't yet been diagnosed as autisitc but is on a waitlist . He struggles with some behaviour issues ,communicating socialising ,routine and can't keep attention for very long at all. The nursery put a request in for a ehcp and after months of evidence it's been declined as the council have said he has improved . However he still desperately needs support nursery are very shocked with the decision. He starts school in September with no help there is only 1 teacher plus an assistant. I spoke to school today and they are very concerned as they have been to visit him at nursery and noticed he needs alot of support. The school told me they are applying for extra funding and will also put in for another ehcp request they have told me not to appeal it as its a 1yr wait for appeals and they will just reapply for one instead.
I don't know what to do im so worried and sad for him starting school with nothing hes flourished with the extra care at nursery now he will be on his own alot and that's when his behaviour gets worse 😔

You need to appeal the refusal to assess. Councils often refuse initially but back down at appeal .

Is it possible that the school feel they could write a better case for an ehcp than the nursery did?

Ask the school how long they think it will take if they apply again from scratch.

But how much support the school gives is up to them - if they find he needs more support they can decide to give it, even if he hasn’t got an ehcp.

From my understanding is that the school can ask for extra funding to support your child at any time. I know a child that is high needs and in her first year didn’t have a ehcp and the school was granted extra funding to support her. My child has a ehcp with full hours funded and is starting school in September but extra funding on top of the ehcp has already been submitted, so it’s a waiting game. It’s such a fight all the time to get the right support for our children isn’t it 🙄

Was it refusal to assess or refusal to issue?

You should appeal. Not appealing is poor advice from the school. If the LA would agree to an EHCP with another application, they can concede an appeal.

If an EHCNA is requested again there is no guarantee the LA will agree to assess and agree to issue. You may still end up needing to appeal but having wasted months. Especially because LAs often use the unlawful line that DC need time to settle in school.

I agree, appeal the refuse to assess.

Thanks everyone. So It was a declined ehcp they went out to his nursery a couple of times and because they saw improvement that's why it was declined . The school sedco said it was terrible decision and they are applying for funding but told me not to appeal as it can take another year and that she would need to wait until he starts in September autumn term to start another ehcp . Its so stressful I feel like they are not going to be able to cope with him if he's having one of his bad days . He can't tell anyone if he needs the toilet and no one will notice . He's not had any accidents at nursery for months but only since the 1 -1came in. He just needs reminding as has an incredibly short attention span . He has been known to push other children over when he's feeling stressed . He has no awareness of danger and would just walk straight out of a door on to the road .this was all put in to his ehcp aswell.

Refusal to assess appeals | (IPSEA) Independent Provider of Special Education Advice https://share.google/Zz6GWy2J5FoxaisGu

You can appeal as long as the decision letter isn't more than 2 months old. Get on and do it. Don't delay.

It is poor advice from the SENCO. Appeal. If the LA would issue an EHCP if another application was made, they can concede the appeal. Yes, there is a wait for a hearing, but if you don’t appeal now, you may still have to appeal in the future.

When you say it was a declined EHCP, do you mean a refusal to assess or refusal to issue?

Thank you the document says refusal to issue . I really feel like I should appeal aswell It took 5 months of different people going down to nursery to assess writing full reports .

Just appeal. You don’t need the SENCO’s permission. Don’t bother with mediation. Just get the certificate and submit to SENDIST.

Appeal now and do not delay (or listen to the school SENco!) Failure to assess appeals are generally heard ‘as on the papers’ without the need for a hearing so there is not a 12 month wait! Many LAs will concede the appeal as they know they have made an unlawful decision. My LA refused to assess in Nov 2023 (Autumn term of pre-school year) I appealed just before Christmas. Appeal lodged first week of Jan ‘24. Due to heard on the papers in May 2024. First evidence deadline set for mid Feb and the LA conceded 2 hours before the deadline.

I have a meeting booked in with the school tomorrow. What kind of questions should I ask my head seems to go blank with these things and can't think what I need to say 🤔

Ask what support can they put in place to support transition. How will they support DS’s communication. What support can they put in place for lunchtime. Support with toileting. Basically break DS’s difficulties down and ask how they can/will be supporting the different aspects of DS’s needs.

Ask if they will be making a SEN Support plan. Different schools call these different things e.g. IEP, one page profile, MyPlan… but it is a document that details needs/support that the school should put in place.

Make it clear that you know that schools don’t have to wait for an EHCP to give a child the support they need. Yes, it’s difficult for them financially but they still need to do their best for the child.

Been to the school and had a meeting for 1 hr. I asked loads of questions . They said I can appeal or they cam reapply in September it's up to me they gave me a number for sendias who can help me with advise . The school are applying for funding but still said they do not have the facilities to give him any additional support and it will be 1 teacher to every 15 children. They will have a sen plan in place . Suppose there's not much more I can do now and just see how he's gets on in September 😐

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

You don’t need to wait until September. Appeal now.

Keep in mind even without an EHCP the school must make their best endeavours to meet DS’s SEN and they must make reasonable adjustments. Although full-time 1:1 is unlikely.

Thank you its so difficult to decide whether to appeal now or wait so basically school said a tribunal can take 1 yr . Or if they put through another ehcp they feel they have a really good one to put through with strong evidence one he's at school in September

I would appeal. If the LA would issue an EHCP if another application was made, they can concede the appeal.

Yes, there is a wait for a hearing, but you may still have to appeal even if another application is made only having wasted months. There is no guarantee it will be a different decision, especially if the LA has seen you won’t appeal.

Would you recommend mediation or straight to tribunal it was refusing to issue an echp hes had all the assesments.
they said school will have enough support on the declined document however the head teacher has just told me he will not be getting and extra support as they haven't got the staffing

I wouldn’t bother with mediation. Just get the certificate and submit to SENDIST.

Look at your evidence. Submit subject access requests to the nursery, LA and any other service involved. Consider if you need independent reports. If you can’t afford these and you aren’t eligible for legal aid, contact Parents in Need, they can sometimes help fund independent assessments.

the head teacher has just told me he will not be getting and extra support as they haven't got the staffing

Do you have this in writing?

Update ! Hope someone can help I feel so upset today my son started reception yesterday and had a lovely day he is so happy and absolutely loves it . Went in this morning to drop him off and the teacher pulled me aside and said we feel he would benefit just doing 2 hrs a day for a while until he settles in ? I asked if he was ok yesterday as no body had mentioned anything at pick up and she said he was just testing boundaries and getting into everything?
I mentioned he doesn't like to be picked up earlier as he gets upset he feels like he's done something wrong could we at least try the longer day and give him a chance and they have basically said he's been too.much again kept trying to get out the door and not listening so we will need to try 9-11am until further notice. He will be so sad as this is just his normal behaviour he's very active and gets exited and interested in new things. He did 9-2 at nursery and the staff were great with him . School are reapplying for ehcp ASAP but what do I do in the mean time ?they seem to be turning the tables of he can't cope but it seems like it's them who can't.

Part time timetables aren't legally enforceable - you don't have to agree.

This is screenshot from the IPSEA website.

I wouldn't be happy with 2 hours a day.
if I had to compromise I would suggest half days.
(surprised they aren't half day anyway for first week)
its his second day, he wants to explore the room, many others will also.