Should we apply for EHCP?

[GB87]

Hi. My 9 year old daughter has complex learning difficulties with no specific diagnosis. She was born with a mild to moderate hearing loss in one ear, considerable long sight with squints in both eyes and mild hyper-mobility. She is deemed as working towards expectation in all areas apart from handwriting. She struggles with time constraints and processing information. She has had a SEN plan in place at her school since reception year and she has always remained a year behind her expected level.

Her Year 2 and 3 teachers both expressed concerns that she will fall further behind with the increased pace of learning that comes with progressing through school. Despite this, she has managed to remain at just a year behind but we do feel that being at home during the pandemic has helped her to remain focussed and have my attention to help her. She obviously does not get 1 to 1 (or 2 to 1 in our case) attention at school.
She is currently awaiting a hearing aid to assist with the hearing.

The senco has said that they wouldn't usually apply for an EHCP unless the child is 2 - 3 years behind but this seems to be too late. Has anyone else has experience of this when in a similar situation?

I am going through the process of applying for an EHCP for my DD, and she is not 2-3 years behind. I would apply, I have never heard it said that anyone needs to be a certain amount ‘behind’ before they can be eligible for an EHCP.

For example people with ASD may need a huge amount of support, but may be actually fine on the academic side of producing say a sheet of age appropriate maths questions all done correctly. That doesn’t take away from their need for support.

Thank you. I just need reassurance. I have asked a few other teachers in secondary school and friends that work in education and they have all said to apply. I know there is no harm in applying but I want to make sure we are applying for the right reasons.
I only seem to be able to find examples on the net of children with a specific diagnosis, which my daughter doesn't have. I am going to talk further with the senco and hope that she helps with an application. Thanks for your reply

The legal test for an EHC Needs assessment is:

• whether the child or young person has or may have special educational needs (“SEN”); and
• whether they may need special educational provision to be made through an EHC plan.

If the answer to both of these questions is yes, the LA must carry out an EHC needs assessment.

(Section 36(8) of the Children and Families Act 2014).

Any other tests like being 2 or 3 years behind/ Schools having to spend £6000 etc are unlawful.

You can apply yourself:

www.ipsea.org.uk/ehc-needs-assessments