ECHP - does the school have complete discretion how to use funding?

[BigmouseLittlehouse]

Hi everyone

I was wondering if someone could possibly point me in the right direction/advise. Apologies I’m just at the start of this journey so still trying to figure everything out.

My DS has recently undergone a number of observations and is now on the wait list for diagnosis for ADHD. The specialists have not recommended applying for an ECHP at this point but want it to remain actively under consideration ( the school is currently refusing to even put him on the SEN register despite 3 reports of significant needs from an Ed Psych, OT and learning and development specialist on the grounds there are other children more severely affected and he is still within expectations - but that’s another story).

Anyway as part of the observation all specialists believe he needs some level of one to one support at times. His class teacher agrees and has been using the current class TA to provide. The SENCO’s response was that even if he was successful in getting an ECHP funding at a level to support a TA the school would never use it for that as they are ‘philosophically opposed’ to one to one support’. She has also ordered the teacher to stop providing any one to one support for him now ( basically he is so overwhelmed he cannot stay at his desk for more than a few seconds).

I also know that for other children already in receipt of ECHP 20 hours funding the school is now saying that will not be used for any one to one support.

I just wondered if they are able to do this? Even if they have specialist reports stating one to one is needed to meet needs?

Many thanks - I’m genuinely shocked at how difficult this all is. I realise now I was living in complete ignorance as to quite how hard it is for parents of SEN children. And whatever fluffy words a school says about inclusion the reality can be very different.

I think they have to provide what EHCP sets out. If EHCP says 1 to 1 for certain things then by law that is what school have to provide. That is my understanding. That's why a good EHCP is worth its weight in gold as its a legal doc and thus enforcable.

I am currently applying for one. Some argue that 1 to 1 too much creates learned dependency so want to moderate it, but sometimes a kid can't learn without a TA to refocus them (ADD inattentive for our DS, who has TA support most mornings for core subjects like maths). The crucial thing is to get teacher and head and other professionals to specify. Can't head and teacher over rule silly senco?

there is a big shift away from 'Velcro TA's' as they are unflatteringly called and a move away from expressing funding in terms of a number of hours which is probably what the SENCO means. There are also very tight budgets so schools are cutting back.

So if your child specifically needs 1 to 1 support to access something you need to make sure that is expressly written down in that way. The you have a right of redress via the LA if the provisions in the ehcp are not provided. Which is probably a costly/difficult process.

Btw you can apply to the LA for a needs assessment by yourself without the school.

whats a typical way of expressing funding now? all school docs I have seen so far still express as x amount of paid TA hours where extra small group or class room support is felt to be needed.

Thanks everyone ( and apologies for the typo in EHCP!).

I do understand the funding issue. I also understand the view that too much one to one can create dependency. I was just wondering where that left children that actually do need one to one sometimes - I guess my hope would be that you could take general position of no one to one but flex it if children needed that.

@vasillisa that is my DS re one to one - his class teacher feels that sometimes he needs the one to one to refocus and keep him on task at the moment, as do various specialists. It isn’t all the time at all but in certain lesson types.

Thanks again everyone it’s very helpful in framing my next discussion with the SENCO. The SENCO is actually very powerful in the school so teacher couldn’t overrule and head would definitely back. I need to try and find a way to work with her I guess.

Keep going back to what the specialists say, do the broken record method, keep saying it, emailing it, telling them via expressive dance etc. Specialists give advice to be acted on!

No, they don’t if the EHC plan has been written properly - ie specified and quantified in terms of the needs and provisions! That is just what the school would like you to believe to give them free rein!

Say a speech therapist has recommended x, y, z to address language problems, how is a school qualified to decide a,b, c will meet those needs instead?

There is a recent article in Special Needs Jungle about Mainstream TAs:

www.specialneedsjungle.com/research-mainstream-teaching-assistant-cuts-negatively-impacting-send-pupils/

As you can see, some schools use the TA funded to give 1:1 support in an EHC plan for a group of SEN children. If an educational psychologist has decided your child needs 1:1 support, then it’s not up to the school to use that for other children - it’s up-to those parents to fight for their child to get the help they need. Providing the EHC plan specifies the 1:1 support, if your child does not get it, then you can seek judicial review (High Court Action) against your LA, as it has a statutory duty to provide what is the EHC plan. Your DC can get legal aid, assuming they have no assets or income, other than benefits like DLA. You act for your child as a friend in litigation.

There has to be a pre-action protocol letter first, which you would have to pay for - after that legal aid covers the costs of the lawyers. LAs don’t get legal aid, and they will usually back down before it gets to court.

I believe the charity, Sos!Sen will do a pre action protocol letter for parents. Seek their advice anyway, if your DC does not get the provisions in the EHC plan. IPSEA probably has information on this problem on their website.

DD1 had 1:1 support full time for years, because she needed it to keep on task. Two people did it in a job share. No problems with over dependence!

Thanks very much @MontStMichel I thought that should be the case ( I’m actually a lawyer myself).

I wonder how the children in the school with EHCPs are currently drafted as they are taking the approach of using one child’s funding to assist a group of SEN at present ( although I do get that even say 20 hours funding isn’t enough to necessarily cover a TA salary).

In DS’ case I also don’t think it would lead to over dependence either.

Its just not all ehcp plans are well written or enforecable as they are so badly phrased. Things like 'up to 4 hours' rather than 'a minimim of 4 hours' So 'up to' can be 'zero'.
Some LA are doing bands of funding rather than hours of funding. You have to be so on top of the ehcp wording at draft stage - make sure any professional recommendations are explicit.
Its basicslly a fight for your rights situation with SEN.

If the EHC plan specifies 1:1 TA support for your DC, then how it is funded, is not your concern. It is the LA’s statutory duty to ensure your DC gets it.

Schools frequently IMO rely either on SEN children, not being able to tell their parents what they are getting; or parents believing the school while they are saying black is white - although schools only tend to know what the LA tells them about their own unlawful policies, rather than what SEN law and the CoP actually says. I suspect schools also tend to pick up the LA officers’ attitudes to parents - that they can lie through their teeth to parents, as they don’t know any different.

Always put everything in writing; send it by email or signed for delivery. If you have to have a telephone conversation, keep it short and follow it up with an email to confirm what was said. Take someone to keep your own minutes of all meetings - their minutes may miss out crucial points. Give them 10 working days to make their comments, or you will assume they accept your version. Always check everything they say back to the law. Lay a paper trail for the courts or complaints to the LGO, etc. You will never regret it!

MontStMichel - good advice., although OP doesn't have an ehcp yet, they've done the 'oh you wouldn't get one so don't apply' line.