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Anyone knowledgable about EHCP able to help me?

78 replies

Purplerainbow2 · 06/03/2016 18:18

Ds1 is nearly 10 in year 5. He was diagnosed privately at age 5 with ASD, odd and anxiety. Been under Camhs since then, is under paediatrician (who's useless and won't give him an nhs diagnosis). I asked from when he was in foundation could they apply for statement as I felt he wasn't being helped enough. It was always refused, they told me he would never get one as he wasn't 'bad' enough and academically a year ahead. Then the changes to EHCP and I was told before Xmas he was now not going to meet the expected level at end of this school year so he is now failing academically. His attendance has been bad. I said I will apply for EHCP and achool said they would apply in January and it wasn't simple, said there would be a lot of paperwork for me etc I said fine bring it on. Anyway his attendance is so bad the attendance board are involved as he is a refuser.

He wants to go to school but I think he is struggling with the pressure since the curriculum changed and it's all sats Sats sats. He is also going to be assessed for dyslexia, which would explain a lot. The senco said before they can apply for EHCP they have to gather information and they have to had put in place a certain amount of school action plus and shown they haven't work. He has been on school action plus since foundation!! Surely they can proof him getting worse in behaviour and attendance etc?? All I have done is a views and aspirations form for it. They haven't asked me to sign anything etc. it's now 2 months since the original conversation. Am I wrong to think something should've been done or said by now? I asked before half term and was just told they were 'gathering infomation'. I know they will now be saying 'well he hasn't been in school'. Is there anything I can be doing to hurry the process along? Or is this correct ?

Tia

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zzzzz · 07/03/2016 11:31

This reply has been deleted

Message withdrawn at poster's request.

knittingwithnettles · 07/03/2016 17:39

Ds was a level 3b in Year 3 and a Level 4c in year 6. They are meant to make approx 2 sub levels of progress a year. So although on paper his SAT seemed to be average he was actually making very little progress. This was one of the clinching pieces of evidence I provided when applying for an EHCP for his ASD, and dyslexia/dyspraxia. Ds subsequently was found to have dyslexia and stalled in his reading age. His spelling age at 12 was of that of a six year old when I had him tested privately. Yet the school claimed his spelling age was 9 years when he was 10/11.

An NHS OT also found that his fine motor skills equated to 0.2 percentile of the population. So no wonder his handwriting was never going to improve Shock

None of these things were remarked on or picked up in school at primary, although obviously he had nurture for his social communication.

I would really press for an OT referral through the GP even if you don't proceed with an EHCP or at the same time. It is free, NHS, and will clear up a lot of issues to do with sensory needs, dyspraxia etc. Which you can then use as evidence of his needs in an educational setting. Even if you get very little OT input as such Hmm Or perhaps you have the assessment already, if you are involved with an OT to date.

I applied myself for an EHCP. My child's EHCP, a year later, is almost finalised. I had to appeal to get the assessment and unlike zzzzz I did have to get most of the evidence EP, OT, SALT organised myself to give sufficient weight to the appeal.

Youarentkiddingme · 07/03/2016 17:53

Snap knitting! I have DS current school saying he's fine, needs very little support, latest tests show he's making progress etc etc! Then the tests show he's made 2 months progress reading age in 2.5 years and 1 month in spelling age in same period. He's behind his academic targets and although making some progress there is evidence form juniors that he made a greater rate of progress when supported and on a reduced timetable.

It really is worth looking at exactly what the evidence shows rather than what is offered or how well they are coping without support. SENDCOP is aimed at helping students meet their best possible outcome.

Purplerainbow2 · 07/03/2016 19:05

The problem is at the moment I have no proof he is now failing, just verbally. Although at the end of the month we have parents eve and we are normally given how they are now.

He had an assessment done last August which she high lighted he has a processing disorder rlof some sort and high lighted he was Mis spelling even his name when written more than once. Mentioned spacial awareness etc.

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knittingwithnettles · 07/03/2016 20:46

I went to Parent Partnership for help getting all the paperwork trail in order, but you might want to move a bit faster, considering the assessment was done in August. That EP assessment (if it was that) is only valid for a year, unless it is a diagnosis of dyslexia in which case it still stands. So for example if his processing speed and his reading age are x, that is no longer valid in a year. For example I was turned down for an EHCP assessment on the basis that ds2's EP assessment was 6 months out of date. I had to pay for a second one to be done in order to get them to agree to assess on the basis that he was making no progress.

Anyway, everyone has different anecdotes about the process, all you can do is apply with every shred of evidence you have pre-existing, and then if they turn it down, you appeal with more evidence (plus the old evidence) They will give reasons why they turn you down, such as the school hasn't done x y z, and they should have, OR he IS making good progress and his needs ARE being met. You then have to provide some evidence to either show the school hasn't understood the true nature of his difficulties (which is why you need an assessment from the LA) or that he isn't making progress despite the school spending x amount on him because more resources are needed to support him. Ie: evidence that teacher said he would do better with more 1:1 support or needs things explained to him explicitly - this of course would be evidenced by his processing difficulties too!

knittingwithnettles · 07/03/2016 20:58

I would ask them to confirm by email the conversation they had with you, whereby they said his academic level was lower than it should be. That is written proof.

His poor attendance, caused by refusal is proof that he finds school difficult, whether the environment or the work is contributing to that refusal. Another bit of evidence. You quote his attendance figures. Even if his attendance is contributing to his academic failure (which might be what they contend) it is still proof that he is not coping, whether from anxiety or anxiety about the work.

Parent Partnership can also be a supporter for you in meetings with the school SENCO, so that you can not feel browbeaten into any decisions. They can take note of what is said in an impartial way, and then discuss it with you afterwards.

If he is refusing school the main issue is that the school should be supporting you in helping him get back to school, whatever resources they need for that, whether he has an EHCP or not. That is why they have the delegated funding up front; all schools do.

Purplerainbow2 · 07/03/2016 21:20

Sorry what is an EP assessment? He saw the OT for about 1.5 hours, she got him doing some balancing, throwing and catching etc then got him to do some fine motor and some tasks with putty. She then got him doing various writing activities?

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Purplerainbow2 · 07/03/2016 21:21

She also went in to observe him in class. Gave the teacher feedback as to what could help, such as giving him paper with large squares to write on instead of lined paper to help when planning his work.

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knittingwithnettles · 07/03/2016 21:59

The OT should have written some sort of formal report for you and the school.

EP is Educational Pyschologist. They test IQ, processing, nonverbal reasoning (ie how to put a pattern together) mathemathical skills, verbal reasoning ie read a paragraph to child, and ask questions about it. It is all v scientific, they come out with scores afterwards, in relation to their age.

2boysnamedR · 07/03/2016 23:01

I directed quoted what teachers had said in my appeal. One teacher said a Ds wasn't doing as well as his paper grades said. It was noted in the appeal. It was mentioned in the judges desision. It was enough.

Purplerainbow2 · 08/03/2016 06:07

He hasn't seen the EP. Last time he saw one was probably about 4 years ago. The OT has recommended they arrange for one to asses ds for dyslexia. She daid she can't make them, just recommend it. I feel like just taking him out of school completely but I'm not convinced that is the right thing to do

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knittingwithnettles · 08/03/2016 11:49

Again, if you can get in writing that the OT recommends he see EP (due to his writing difficulties, which she has observed) that is another bit of evidence why the LA needs to assess.

I wouldn't take him out at this stage, until you have got all the pieces of evidence stacked up.

Then, by all means...(I did, at end of Year 7 - wish I had done it earlier)

2boysnamedR · 08/03/2016 12:54

If they agreed to assess ( the bit before they say yes / no to EHCP) that's when the EP comes in.

Purplerainbow2 · 08/03/2016 14:31

Ok thanks. So I have a meeting on Friday with esbas at school. I'm going to bring up in front of esbas why the head won't ring me back ever and ask what is happening with the EHCP. So I have my facts straight, it seems they haven't applied, would you agree? All Iv been told is they are 'gathering information'. This is 2 months later. They also told me they have to have certain amount of intervention in place before they apply to prove theyv done everything g.....

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2boysnamedR · 09/03/2016 00:41

Print this off
www.sendadvicesurrey.org.uk/assets/documents/ehcp-timeline-cdc

Day one is the day the application hits the LA desk. By week six legally they should made a desision and informed you. Being generous you could give them two weeks for lost in the post. But to be honest that letter should be date stamped on the day it arrived.

If they look panicked or insist it's in hand tell them your will do a SAR or FOI request to see where in the process they are.

Re intervention - yes they need to prove they have spent done all they can before is during a EHCP - but it looks like your not at that step yet.

Ask them for a break down of every intervention he has. With costs.

If they say "we aren't doing anything" then here's your opertunity to tell them to start. If they are telling you they are in a position to apply for a EHCP they know they must have tried everything or it will be rejected.

They can't have both ways. We did / didn't really apply. We did / didn't lie about that. We applied as we know we have tried all other steps (and EHCP IS the last step) / we haven't taken any steps or applied we like to lie a lot.

Can I come and represent you? Hand them the rope, watch them
Put it round their necks. It's not looking good for them is it?

Remember keep smiling and polite. Just be firm that they explain their facts and can prove themselves

Purplerainbow2 · 09/03/2016 05:41

The thing is they haven't applied though have they? I thought you applied and THEN you are told to gather info? It doesn't sound like they have applied or could I be wrong?

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2boysnamedR · 09/03/2016 08:53

No I don't think they have applied, legally speaking they would given a yes or no by now. You would have signed consent forms for EP etc to assess him ( I think - it was the first thing I had to do).

You have to try not be too confrontational but it's reasonable to ask if they have REALLY done so in front of witnesses. If they yes then it's reasonable to tell them your answer is late.

Either way I would still just apply yourself. Worse case the school did apply and you will be told so by the LA.

But that's not going to be the case, you should have a letter "we received a application to assess" then a letter "you do / don't meet criteria"

Unless you in my LA who went ahead without informing me ( but my case is different my son is in severe complex needs nursery and they for what ever reason aren't sending letters as they know they have zero interest in meeting their time lines)

Some LA are worse than others in that respect. But no, I would bet your school didn't apply

GruntledOne · 09/03/2016 10:16

I agree with everyone else, just get on and apply yourself. The school is talking nonsense when it says you will have to do loads of paperwork: all you have to do is send a letter, and there are templates on the IPSEA and SOS SEN websites. Refer to the fact that DS is school refusing, and all the problems he has been having coping at school, including at breaktimes. Also refer to the fact that the school is letting him use the ASD unit, that really is very strong evidence that he has needs that require help over and above what is normally available in school. Refer also to the fact that at one point he was a year ahead academically and is now falling behind.

You really do have strong evidence - stop doubting yourself and get that request in! Remember, the legal test under section 36(8) of the Children and Families Act for whether a child needs assessment is a very low one: essentially it is (a) Does he or may he have SEN and (b) Might it be necessary for special educational provision to be made for him. It seems to me pretty clear that the answer to both those questions is Yes.

Purplerainbow2 · 09/03/2016 10:33

Ok I think in front of esbas (who I think work for the LA?) is best witness to ask. Unless the head returns my call which she still hasn't, I will bring it up on Friday. I am scared about the whole process! I have arranged a private dyslexic assessment for the end of April but not telling thre school

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2boysnamedR · 09/03/2016 13:00

Wish I be there to hold your hand. Don't be scared. Honestly.

birdlover1977 · 09/03/2016 20:34

Good Luck. I applied myself for my youngest DS and got the EHCP within 1 academic year (they did initially refuse to assess). In January I made another request to assess my Year 5 son for an EHCP. I haven't had a decision yet, but he has seen an EP in school. But all this discussion has really got me thinking my youngest DS was never properly assessed by an EP such as IQ, etc. The EP just observed both boys in class, met with me and highlighted what support she felt they needed, but that doesn't sound like it was enough now.

I was actually advised to apply myself by my children's school. According to them when parents apply themselves they are more likely to be granted EHCP's. I have no idea if that is accurate or not, by the way! Again good luck.

Purplerainbow2 · 09/03/2016 21:12

Really?! Then I don't see why my ds son are so reluctant. All Iv been told is 'were gathering information'. I'm going to see what they say at the meeting on Friday with esbas and Iv they haven't done it I will. I'm so tempted to take him out completely but not sure it's the right thing. Saying that, THIS isn't the right thing. He's still at home.

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2boysnamedR · 09/03/2016 22:31

The statistics show that parents are more likely to be turned down and schools are approved most of the time.

www.bbc.co.uk/news/education-31858681

But most parents win their appeals

zzzzz · 09/03/2016 22:57

This reply has been deleted

Message withdrawn at poster's request.

Purplerainbow2 · 10/03/2016 05:27

Zzzzzz do you mean can I appeal it if the school apply and they are refused? Be good to know.

I don't even know if I would find out if it is refused with the way things are going!!!

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