EHCP 1:1 funding refused at independent school: what are our options?

[bellewilson]

HELP please. I have been informed today that the provision panel have declined funding for my daughter's EHCP recomended 1:1 support at a mainstream Independent school she currently attends. Currently in year 3 (out of year group should be in year 4) 3/4 years behind, complex learning issues, diagnoses DLD, ADHD, ODD, memory and auditory processing disorders and dyslexia.
Even the EHCP team supported the application but panel still rejected it. Full evidence provided inc OT, CP, EP, SALT, consultant letters and Senco. For context we pay and would have continued to pay school fees and made that clear to LA, as our DD can't cope in large class environment, currently 12 children in class with teacher and 3 LSAs. Receives full time 1:1 at present only because they have spare staff this year. From September all free 1:1 ends.
EHCP says panel decision is final and no right to appeal. LA will still name independent on EHCP if school agrees to meet needs ie cover all costs. If independent school refuses LA want to name local state on EHCP Even though not suitable large junior school with bad sen reviews and huge classes and also this state school says can't meet her needs. I asked if I can name state school I feel is more suitable but they say the 2 week consultation takes too long and already over draft deadline. what do i do? Any advice appreciated thank you
i thought if school named on EHCP LA had to fund… but they are saying no they don’t as not state school.

No offence but if she is 3/4 years behind her peers that school does not meet her needs. She needs moving to a more appropriate school as they are just cashing in on your good will as such.

Its only a matter of time until the school terminate the contract.

You will need everything about her needs from an EP and OT in section B and there it will be quantified that your child will have x number of hours of 1 to 1 (including lunch time and break times) in section F

As you pay then it’s not named under section I in the EHCP? Without it named you will have to pay the notional 13 hrs which equals £6.5k for a 1 to 1 plus all the rest.

You will need a tribunal - no offence I’m not sure that school fits your child and they are naughty to accept her at 4 years behind it will only get worse the older she gets.

You can appeal when you get the letter with the final EHCP but it will take at least 1 year plus to get to tribunal.

The other way of doing it is pay £22k for the LSA and the school fees but in all honesty 4 years behind I’d be looking at a specialist school if I was you, sorry.

Are you in Surrey LA those are the tricks they play ….

Was that EP a private one? Or the council one

Th EP was council, all the rest are private reports. She has been at the school since Reception the school have been excellent. The recognised issues from reception, put SALT in place, play therapy, Sen support from an early age. Obviously most diagnoses only become apparent as child grows. The last year the school have provided free 1:1 and she is coming on leaps and bounds and Learnt to read and do basic maths etc. My daughter comes across as a neurotypical child, masks very well and wouldn’t cope with a special school. Can’t deal with disruption etc. The school isn’t your typical posh private it takes on children that don’t fit mainstream and children that don’t fit special school. But also take neurotypical children too. Classed as mainstream independent. With 1:1 she is fine in mainstream and her EHCP draft awards her 23 hours a week for all her academic learning. Obviously doesn’t need 1:1 for forest school, music, PE etc. I have other children who all attended state schools and struggled massively with little to no support, not without me fights non stop (one school even stopped my sons awarded 1:1 because they had no money as spent too much rebuilding school) and I know if DD had attended a state school she would be in an even worse position and probably not even diagnosed.

Hertfordshire

pay for a private EP if the school is happy to take your child (I mean are they nearly at the point of going bust / merging etc I’m surprised they will deviate that much on academics - obviously no offence though - great they have supported her as usually independent mainstreams don’t want to support Sen children).

panels are crap they have 6 mins max and they are mysterious people who you can’t talk to and don’t know your child to make decisions. You just need the final EHCP to appeal.

How she going to cope with the 11 plus it’s absolutely evil. She must struggle in all the tests? Or is it a through school?

The EP is the best person you need to pay - they will find all the weaknesses. Looking at £3.5k for a tribunal report. Get an excellent EP to watch her at school over several lessons (her weak ones) and to do all the tests to find out where she is struggling.

If it’s not named you will have to pay the first 13 hrs 1 to 1 - £6.5k on top of school fees. Plus the difference of the hrs which she requires the 1 to 1 support minus 23 hrs. The problem will be finding an LSA who only wants part time hrs.

Also what happens if she needs extra support next yr in the subjects - you only need a grumpy teacher and then she could refuse to go to lesson and then you will need to 1 to 1 to support her. Or when the class starts getting stronger then she will need more and more support.

Good luck though. I ended up paying for a full time 1 to 1 plus school fees until tribunal granted it however the school would only allow it IF meeting standards / keeping up with peers. Did that for 2 years.

I honestly think it’s only a matter of time especially next year if you don’t pay for a 1 to 1 ebsa could happen but do think about secondary as the jump is huge.

Good luck though!

There are a few different issues to unpick.

When the EHCP is finalised, you will have the right of appeal. You can appeal to SENDIST if you wish.

You mention 1:1 is being provided now, but you don’t actually mention 1:1 is in the EHCP. Is 1:1 detailed, specified and quantified in F of the EHCP? If not, regardless of the school named and who is responsible for the fees/SEP, the LA does not have to ensure 1:1 is provided.

Similarly, does section F include small (defined) class sizes?

If the school is named in the EHCP, the LA is responsible for the fees as per section 63 of the Children and Families Act 2014. To get an independent school named in the EHCP and fully funded, you will need to prove the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure. Conversations about the cost of a place are common. I suspect this is why is the LA will agree to name the school if there is an agreement that the independent school will meet costs.

Sometimes LAs will name a school in section I and write something about it being parental preference, parents funding the fees and they believe needs can be met at X school instead. If that happens, you need to appeal when finalised.

When the school isn’t named in section I, some LAs will come to an arrangement whereby the parents pay the fees and the LA funds the SEP, the LA doesn’t have to do this. They often say parents are making suitable alternative arrangements thereby relieving them of their duty.

Non-wholly independent schools can still be named even if they object when consulted and can be directed to admit.

It all depends if your current school are saying the can meet her needs with whatever’s in the EHCP. Realistically they probably can’t without the 1:1.

Op please ring the Sossen helpline. They are a very good charity and will help able to advise you on how to appeal to make your case for this to be funded.