Autism and non-verbal child starting Year 1 without EHCP yet

[mumtoboys28]

Hi everyone,

I’m a mum to a lovely boy who has just turned 5. He is diagnosed with autism, is non verbal (apart from the random odd word) and currently in reception.

His EHCP was applied for in 2024, I have sent complaints to the LA and am just not getting anywhere. They currently have a shortage of educational psychologists so we’re stuck at that part.

Anyway, on the whole he is a real joy, he eats well, sleeps well (ish) and is generally quite well behaved most of the time despite his struggles. He really loves school and skips in everyday - thankfully! I’m just getting a little bit worried about him going into year 1 in September with no EHCP especially as ideally I would like for him to attend a specialist school if I had the choice.

Is anyone else in a similar situation that can ease my worries, I feel reception has been great for him but I can’t see him sitting at a desk all day in year 1. I’m worried I’m failing him but also feel stuck as to what else I can do to help him.

Thanks x

As you have found, complaining isn’t a suitable remedy. You need a pre-action letter. If that doesn’t work, you can proceed to judicial review proceedings. The LA’s lack of EP time isn’t your problem. That isn’t an acceptable excuse for breach of the timescales and you do not have to allow the LA to drag it out further.

Alongside that, request a meeting with the school’s SENCO. Ask about what support the school will put in place in Y1 and also how they run Y1. Some schools run continuous provision into Y1, particularly at the beginning. You could also ask if it is possible for DS to spend some of the time in reception. In some schools, this would be possible. In others, it wouldn’t.

@ChasingMoreSleep thank you so much for this, that’s really helpful. Sorry to be stupid but what do you mean by pre action letter? I did threaten the legal ombudsman but the LA said as they’ve been providing me with (albeit useless) updates they wouldn’t be interested in my ds case!

A pre-action letter is a formal legal letter before action. It warns the LA you will take legal action if they don’t take steps to remedy the situation.

Do you mean Local Government Ombudsmen (LGO) rather than legal ombudsmen? If you have exhausted the LA’s complaints process you can go to the LGO. Ignore the LA saying they won’t be interested because they have been giving updates. However, personally, I would be going down the pre-action letter route now. The LGO will take too long.