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EHCP funding during Covid-19

6 replies

Looking2Move · 20/05/2020 18:45

Please help.
Our LA are resisting releasing some funds from my DS' EHCP during this period. We are wanting to use it for him to attend the early intervention programme with his neurologist (who we privately pay for outside school). They are stating that because he is in a special school the funding goes directly to the school, wheres in a mainstream school it would've more straight forward? Sounds like discrimination to me.
They also mention his school is open so he can attend, but we had his annual review on Friday and his teacher and senior leadership team agree its not the right provision and they cannot meet his needs. They also said the children are just playing which would not help him as he needs a structured environment. This is why the neuropsychologist has been so successful with him.
It's such a frustrating situation and I've been through a fight before with the LA. It's so stressful all the tooing and froing with them when I have a son with ASD and another DD to homeschool. Part of me wants to give up before the fight but just wondered if anyone knew of anything legal I can use. It doesn't help the DfE have changed the law so councils have no legal obligation to provide support and only have to show 'reasonable endeavours have been taken.
TIA

OP posts:
Niffler75 · 20/05/2020 21:25

@Looking2Move Take a look at IPSEA and SENSOS websites. Both have loads of info on legal issues and EHC. Does your LA have an IASS service (independent advice)? They should do. Does your son have a diagnosis. If so national organisations (such as NAS for autism) have a helpline.
If the school are saying they cannot meet your sons needs, then you can call for an emergency review of his EHCP.
Sorry, it must be really stressful. Maybe someone else can chip in with any other advice! 🤨

Looking2Move · 21/05/2020 08:53

Thanks Niffler75
We had his annual review last week and need to think about change of placement as the school can't meet his needs.
My question was more around while he is off school now during Covid19. My DH and I desperately need some respite and to give my DD some overdue attention.

OP posts:
Niffler75 · 21/05/2020 09:32

OK, another resource is Special Needs Jungle. They have lots of info on the Covid situation and SEN. Schools should be offering advice and support at this time. Parents have asked for their kids with EHC to go in part time to school. The LA cannot shirk their responsibilities, but I imagine they will try!
Can any othe readers offer any suggestions?

Looking2Move · 21/05/2020 10:16

Thanks again. Our LA are definitely shirking responsibility which I'm starting to get used to!!! I've also contacted SNJ thanks. There's so much information out there and with such little free time it's difficult to wade through it all. If anyone can advise I'd appreciate it.
Part of me is thinking to give up this fight as our bigger battle is finding another school. Two schools in four years I feel bad for my DS. I feel I have to get it right this time!

OP posts:
Niffler75 · 21/05/2020 10:59

@Looking2move It's hard, I'm sorry. We have had similar struggles finding an appropriate school and wading through the EHC process. Luckily we now have a school but were just starting slow introductions when Covid hit. It's all now come to a grinding halt but the teachers have been lovely sending letters and pics.

ScreamingKid · 23/05/2020 07:44

Is the early intervention sessions with the neurologist written into the plan? If so, you could pressure them by asking what 'reasonable endeavours ' they are making to provide what's in the plan.

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