apply for an EHC plan - HFA

[kafkesque]

If you are going to continue to punish my son for his deficits I want you to do the right thing and apply for an EHC plan please.

I have applied for one which has been refused last year.

I have been told if he is doing well academically, it's unlikely I will get an EHC plan. It’s simply not true. It’s a MYTH spread by the schools and LA, there is absolutely nowhere in law that says this! LA nonsense and unlawful policies do not trump the law however much the LA want them to.

The SENCO either doesn't know herself or has been deliberately or otherwise fed the line by the LA.. Unfortunately for everyone, SENCOs get their information usually from the LA, who have a different agenda entirely.

So why is it called an Educational Care Health Plan.... You can have a child that is academically capable however they may still have limited capability in Social and Emotional areas. That is not to say that they are not being properly provided the correct support from home or school. Just means they process information in a different way.

I want you to apply anyway because you have a wealth of Behavioural evidence now as well as having a Communication and Autism specialist teacher to advise you on strategies but still continue to punish him.

It’s obvious he can't cope in a normal school environment. Sometimes he just does not know what is rude and what is not and sometimes he is telling you to go away and leave him alone. Referring to a paragraph in their legislation that says something like “ if there is something that is hindering his access to the full curriculum and he cannot reach his full potential then he needs support” yes he may be doing average grade-wise, but is that his full potential? My son has most trouble with interaction with peers and being easily distracted.

My son may reach age related expectations (ARE) but I don't care about age related it's not his full potential relative to him! We have an EP report that says he scores 94th, 95th and even 99th centiles so ARE is irrelevant!# as not behind but exhibiting low level behavioural issues at school.

He has spikiness of his profile in a class of 100 there might be three people more intelligent than him, but his writing speed has just seven people below him! No wonder he's frustrated, bored, non-engaged and drifting into trouble.

It's more about educational care plan, not HEALTH CARE PLAN. High anxiety, sensory issues all need support in order to for my child to reach full potential during his education.

Every autistic person is different so its case-by-case isn’t it.

I believe he still fits the LEGAL criteria.

This is the criteria for an EHC needs assessment to take place.

Section 36 (8) of the Children and Families Act:

“The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that -

(a) the child or young person has or may have special educational needs, and

(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan."

The criteria for assessment for an EHCP is that our child MAY have special educational needs and MAY need special educational provision.

The only test in law is that one and it applies across all 4 areas of SEN identified in the Code of practise, only one of which is academic.

There are 4 areas of SEN defined in the Code Of Practise and a child can have issues in any one (or more) of them that require an EHC plan. They are Communication and Interaction, Cognition and Learning, Social Emotional and Mental Health and Physical/Sensory. Sufficient evidence that shows they are failing to progress in any one of these areas should trigger an assessment and possibly a plan. You have a wealth of Behavioural evidence now which would come under Social Emotional and Mental Health. I am still waiting for the Sensory Profile paperwork to come through.

Yes you do need evidence that shows our child MAY need more support than available to children with SEN in a mainstream classroom, but the key word is MAY. And that can be your evidence rather than a professionals e.g. any exclusion paperwork, home/school communication book, emails to and from school, behavioural diaries, - the list goes on! The aim is to get the gates opened to a full assessment with the relevant professionals. But there is nothing in law that says you have to wait for any period of time before applying

The sooner you apply the better.

I look forward to hearing from you soon.

Can I ask have you followed the schools complaints procedure. We hit many road blocks at the beginning but kept a written trail (emails/ letter with receipts). We had the meeting post complaint, thought all was well but still found many issues and followed up with another meeting. Fast forward a year and a half we are in a better position than we were ( still some way to go). If after complaints letter to school things don’t change usually it’s the board of governors and I final step I can’t remember. Schools rarely want things to escalate and will try follow rules more ( will still try it on still but keeping a close eye helps). Reference the law as you have above in the complaint (if you haven’t already). I feel your pain it’s not easy but as all the previous posters have said research, apply and advocate best you can. Hope you get things sorted.

Late to the party but I wanted to offer my own perspective. The schools are not proactive enough. Don’t be afraid to insist on them following the law.
Do your homework properly and be prepared to act as a advocate for your child too. Hopefully you’ll get things sorted out pronto. Keep us updated and make sure that you have a paper trail for evidence just in case.
I also think that the newspapers will also be interested in your story. If all else fails consider telling a tabloid your story. Human rights stories will always get people talking.
Do you have a lawyer or not?

Op, special needs jungle posted some misconceptions about EHCP on their FB page today. You should like their page as they talk about exactly this today. Also, I think a SEND journo for (times, guardian?) Jessie Hewsin (I think) is looking for stories like this atm. Shesposted in Twitter. She’s a prominent journo with an autistic child. She’s had a few good provers lately. But setiously, don’t delay. Take them to tribunal. The clock stops over school holidays in the (optimistic) 30 week timeframe to complete EHCPs. Taking s regusal to assess is also the ‘easiest’ case to take to tribunal because it is heard ‘on paper’ you don’t need to actually attend a tribunal. I’ll find the Jessie hewsin link for you.

mobile.twitter.com/jessiehewitson/status/1067386123608051713

I hope that works. It’s your school saying his too high achieving, but the school probably believe this codswallop because the LA fed it to them.

He’s not his!

Thanks, that is it exactly. He is too high achieving. I did a tribunal when he was just diagnosed as dyslexic but lost because I said that he is not achieving to his potential. The lawyer against me said he will never achieve his potential because he has SEN. Now that we have further evidence I will be saying he needs more support because he has SEN and could be achieving more than he currently is.