School lying about my child for an EHCP

[Kirxxx]

I’m looking for advice
My son is 4 (summer born) and has started school in September.
He is speech and language delayed due to a severe tongue tie and is frustrated - he has speech but struggles to put more than 6 words together and only does this selectively. This is confirmed by the speech therapist he is currently working with. He can have meltdowns when he’s upset or frustrated or being told no but again the speech therapist said this is due to lack of speech.
The senco and headmaster want me to apply for an EHCP which I don’t want to do. He doesn’t need one - he needs more time to develop than other children. They want the funding and think they can get it. They’ve handed me a form that states my child has no use of functional language and can’t even communicate with appropriate gestures. Obviously this is categorically untrue and I have various evidence in the form of professional reports - videos provided my the school of him singing and counting etc. And we’ll basically him if he feels like talking that day!!
They’ve also put his school level at 16-22 months for reading writing and maths which again isn’t true. He’s mastered all of 30-50 months and he’s only 55 months. So he’s behind but not EHCP and ed psych behind.
I don’t know where to go from here. I have complained to the head about the senco who backed her up saying that they need the funding. How can it possibly be legal to lie about a 4 year old??!? He soes need extra support and his speech IS delayed but I feel this is extreme and like I am being bullied into pushing something I don’t feel is right for my child. He’s only been at school a few months and speech therapy is only in its second week so it’s not even as if they have tried everything
Any advice would be gratefully appreciated

They shouldn’t need an EHCP to get additional funding if they need it to support your child. I have 2 children in school with EHCP for whom I get no funding and the child in receipt of the most funding has no EHCP!
An EHCP cannot be completed without you, you have made it clear that this is not a route you wish to pursue. An EHCP should be in place for a child who will need to access provision not available through the school’s SEN offer, what is it that they cannot provide that they think is needed?

It's not necessarily in the schools best interests financially to apply for an ehcp. The school has to fund the first £6000 of any support given in an ehc plan. It is a legal document and the support within must legally be delivered. Are the school currently providing any extra support? The case may be they are already providing upto the £6000 threshold and feel that he needs further support. Is he full time at school?

School must be concerned if they want to apply for an ehcp. Most schools do not want to. Maybe he is presenting differently at school than he is at home?

He may communicate on one level with you, bearing mind that you are accustomed to his use of language and other cues, and differently at school in a class setting. Harsh as it may be to hear, showing his limitations rather than strengths is what is required fir an ehcp. School cannot give him time without funding and resources. It is not a stigma but a route to early intervention to support his learning,

Thank you for your replies. I did initially think maybe he was presenting differently at school to home. However, I go into the school for his speech therapy. I watched him interact - he is the same. The speech therapist stopped the session and said he has massises of language. He is the one who said this stems from his tongue tie and he is frustrated which causes melt downs. He does have melt downs. I had Isend asses him to who said the same. It’s all documented. The TA said the head was worried he won’t hit his EYFS targets which he won’t do they get funding for that? He definitely doesn’t need an EHCP plan. And they’re whole basis for one is that he has ZERO communication skills.

I should add he is full time at school. The head told me he has full 1:1 teacher and that’s why he wanted it. So on the basis of that and I though the same as another poster he may be acting differently at school to home : but I have found out the 1:1 is not my child’s it’s ANOTHER child’s so that’s a lie too

The head said he will get 6k a year extra if my child has the EHCP. I don’t think it’s a ‘stigma’ per say and great if a child needs it or has a diagnosis- but my child’s diagnosis is that he will catch up and he’s speech delayed for a medical reason - which is causing behaviour issues in the form of meltdowns

Another thing I should add is I asked the head if he could stay in reception in September if he didn’t improve. (As I thought at that point he was being a selective mute) and he said he’ll look it as the extra playtime would do him the world of good. He got back to me and said it can’t be done and so he needs the EHCP. I called the council who said yes this can be done the law changed in 2015 so summer borns could be kept back, so they catch up. So that’s another lie.
I’m sorry this is long and I’ve rambled but I feel like I’m being pushed into something that I don’t agree with and am struggling to understand why? When I ask they just say we need funding

You can request to defer reception for a year, but that is when starting and up to the school to agree. Repeating is very exceptional. Assume this is a state school in England?

You will struggle in the future if he needs the additional support without having an Ehcp in place? What is it that you think isn't necessary about it?

No our council have advised they can repeat the year or part of reception year after completing a year at school providing they are summer born as evidence has shown they take longer to catch up. I don’t think it’s necessary for a child that does not have complex needs, and should be used as an absolute last resort considering this will be with him until he is 25

Why is that an issue? If he makes progress the level of support could be reevaluated but that is far easier than fighting for an ehcp and support in a few years, by which time he may have fallen further behind his peers and lost self confidence. Often further developmental issues come to light during first few years of school. Maybe you should trust the experience of the school.

To clarify he is not that far behind acedemically he gets frustrated by a speech delay. He will catch up. His speech therapist has advised this. So my question is what are the school gaining by embellishing his additional needs - which currently stand at extra reading to catch him up and dealing with his meltdowns which would lessen if they put stragegies in place and didn’t do things like not addressing a problem when it arises but then stop him having playtime and hour later

The school has been hit by severe cuts and the professional people who deal with additional needs are telling me that he doesn’t have them! He’s just speech delayed. It is an issue because come secondary school that will still be with him and can hinder his chances of a good school when he catches up. He is progressing and very quickly. And he is 4

What sort of school are you thinking of for secondary? It seems very premature to be concerned about that yet and suggests you feel it carries a stigma and misunderstand its purpose. If anything having an ehcp could be an advantage in the application process as it enables you to choose the school which best fits his needs at the time and places him in a higher priority category. State schools cannot discriminate against a child with an ehcp or sen.

An EHCP is about more than academic needs, pupils who are academically able can have them.

They don't necessarily last until 25y/o. If one is no longer needed the LA can cease to maintain it. It will also cease if for example a pupil goes to university.

Other than situations where a MS school can show they can not meet a pupil's needs EHCPs don't hinder admission to secondary school. Quite the opposite in fact. As Liz said, EHCPs give you the ability to name a school you wouldn't otherwise get in to.

With an EHCP you would be able to ensure DS has the provision you think the school should, but aren't, provide.

Maybe the school want to apply because of DS' meltdowns as well as his speech. Perhaps he struggles to interact in a whole class setting. Communication is about more than just his speech.

An EHCP application will require evidence from an educational psychologist, SaLT etc as well as the school. They will assess your son independently, discussing his needs/ difficulties with the school but also with yourself. It’s also worth considering that the reports will often focus heavily on difficulties rather than strengths and reflect your son on his worst days, so if sometimes he can join 6 words together but on a bad day can only use single words and has meltdowns then that is what the report is likely to state.

It will be the same when assessing him against the EYFS outcomes, skills have to be well established so if your son is able to display counting skills at home within familiar activities but can’t transfer them to a new counting activity in school then he will be assessed as not having achieved those skills, even if in specific situations you have seen them.

It sounds like your son would benefit from extra help and all an EHCP will do is outline exactly what that help should look like and what the school needs to do to ensure it is provided. I would go along with the assessment, if the school are exaggerating his needs then this will be reflected in both your views and the SaLT/ Ed. psych reports etc and it’s unlikely the plan will be issued. If an EHCP is issued then it will ensure he gets the help he’s entitled to.

Also, the EHCP will not necessarily last until he’s 25 - it will be reviewed annually in a meeting with yourself and all professionals and if his needs have changed then the EHCP can be updated to reflect them or it can be removed if it’s no longer required.

Early intervention is key on supporting children with additional needs so getting him the right support now is likely to decrease the likelihood of him needing an EHCP in the future rather than increase it

An application for a needs assessment does not require EP, SaLT reports. If the LA agree to assess such assessments would form part of the EHCNA.

Oh, sorry. I didn’t mean to spread inaccurate information - two of my DC have EHCPs and as part of the process the Ed. Psych came to see them and therapists such as the OT and SaLT submitted reports as well. Both of my DC have severe/ complex needs (there was no question about them receiving an EHCP) so maybe the process was different, and I imagine it varies by local authority too, but there was certainly a lot of evidence collated for both of my DC by a range of professionals, it wasn’t just the information submitted by me or the nursery.

You’ve seen how he is when having speech therapy? Not how he interacts in the classroom.
They clearly feel he needs more support.

Totoro, I too have 2 DC with EHCPs, one of whom had numerous assessments prior to applying for an EHCP, the other didn't and had them during the needs assessment.

The legal threshold for an EHCNA is has or may have SEN, and may need SEN provision via an EHCP.

Yes, having googled I think I had missed that the first part of getting the EHCP is the request. This was all done by the special school nursery for both of my DC so I think the first part I would have been involved in was the EHCPNA which is I think where all of the reports were carried out. I’m not sure what was submitted to the LA when requesting the EHCP but both of my DC had medical diagnosis’ so the EHCP process was more about outlining exactly what their needs are rather than whether their needs met the EHCP threshold.

I requested speech therapy before he started school and before school I had concerns about his progression. I applied with ISEND to come out to see him before school who told me he was progressing just delayed due to speech. He now has speech therapy in school, which I attend also. The senco told the ST that he has no speech or communicative skills whatsoever (this is what she has written on the form) the ST wanted to know why they had told him this as he is happy sociable, and was playing games and talking and even when his speech was more limited he used gestures. I know he uses speech in class - they have documented evidence in the form of videos for me (the TA has) of him singing songs counting playing with other children etc. I’m not disputing he’s not at the same level as his peers - I’m disputing that he is catching up rapidly as so this feels absolutely unnecessary. And I can’t get an answer from the school as to why - just ‘more funding’. I don’t think it’s right to lie about a child in this context. Children do progress differently

I had a friend who felt similar. She felt her son just had speech issues (ironically she had taught children with autism) and he displayed way more issues than just a speech delay - I’m not saying your son is autistic only that it can be difficult to separate how you want them to be and how they are.

If school are pushing for an ehcp i would go ahead and let the council assess. Most councils really don’t want to hand out ehcps and it’s a massive battle.

One of my children with autism attends a mainstream and has an ehcp. Mainly for social and emotional reasons. I’ve found speech therapists a mixed bag. One brilliant, one really not at all.

A lot of paperwork and effort is involved with the ehcp assessment so school won’t be considering it for fun. Plus they’ll be expected to show how they’re supporting your son and what warrants additional money. If your son has an ehcp they are legally bound to execute what is written in it.

I work in a school and we have several children who parents apply for ECHP's but their needs have to be quite complex for us ,the school , to apply alongside them. It is an exceptionally long and drawn out process but worth it to get the child the right help they deserve so the school must think it will be beneficial to him in the future.