Help me articulate why my quiet DD with ASD needs an EHCPP

[Sickoffamilydrama]

My DD is autistic starting secondary in September, she's good at masking, she's also a people pleaser in that she's very compliant at school & always tries hard. She's also never displayed disruptive behaviour at school so flies under the radar so to speak. I think a lot of the time she's in her own world.

When she was first diagnosed 3 years ago I discussed getting an EHCP with the school SENCO & they convinced me she wasn't affected enough. She does have support at school & extra tution with a teacher from school.

However we have become more & more concerned about her ability to cope with the social & academic elements of secondary school. She can barely do simple mathematics, tell the time or write/construct more complicated sentences.

We have tried to help her but aren't specialist teachers & she often refuses to engage with us in anything that might appear to be learning! Which is fair enough she's probably exhausted at trying so hard particularly keeping everything together at school.

When she was diagnosed they did tell me she was low functioning with her cognitive abilities and re-reading the report I'm kicking myself I didn't use that to push for the EHCP in the first place, it states she will need lots.of support and may not articulate when she doesn't know something or is struggling.

Problem is I'm not sure how I articulate this to school so that they are onboard with helping us go through the EHCP.

Yes that was my thinking I actually quoted the definition of failure to make progress and what the legal threshold was for an assessment.

I just don't get it, why they seem to be discouraging me, it feels like they think I'm making it up, exaggerating or making into a drama.

Schools often discourage parents from applying for EHCPs. Either because they are misinformed or intentionally as they might have to provide a greater level of support than they are currently and spend more money.

Many compliant DC with SEN fly under the radar at school.

They told me the threshold for assessment is really high.

Quite simply if that's what they think, they are misinformed. They could be repeating the LA line but even so, if the LA is imposing a higher threshold than the law says, that is unlawful.

However much LAs want it to, LA policy does not trump the law, and if they tried to use that as an argument in an appeal, it would be thrown out straight away.

It is disgraceful that LAs and schools gaslight and lie and generally try to fob off parents in this way, when all they want and are entitled to, is the right education for their children.

Thank you posting and updating OP.

I'm following this as I'm in a similar situation with my DD (year 4). I'm wondering whether to take the plunge and apply myself next year, so I'm finding all the discussion and information really useful.

@WaveAndShout

If you're in the same position why are you waiting until next year? If you are refused and you end up having to appeal, it could take months to get an EHCP. It took us 18 months and two appeals before our son got his EHCP and the college he wanted, and he was out of education for a year.

If your DD is struggling at school and her needs are not being met, you need to apply now.

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

Thanks @Ellie56. I guess I just feel really unsure what to do. She is making progress but is behind her peers and needs a lot of help. I'm worried about the transition to secondary school. I don't feel she's had a full assessment of her needs.

Wave that's even more of a reason to apply now. Don't delay.

I'm nearly done on my letter just need to scan in my evidence which will take me a good few hours!

I had a reply from the school saying we always tell parents it's hard, we support you blah blah.

@Sickoffamilydrama

I should bloody hope the school is going to support you!

@WaveAndShout

If your DD is struggling now, she will find the transition to secondary even harder. I know it can feel a bit daunting, but you really can do this for your DD.

You can always come back on here to ask for advice and both IPSEA and SOS!SEN have Advice lines.

Thank you

Watching with interest as I'm so frustrated with my dd school! She is 9 and is really struggling she's on the ASD pathway but the school want to wait for an official diagnosis before they will even consider an ehcp and then they have said it's unlikely she will get one. She was due to start play therapy last week but they halted it until she gets the diagnosis (not sure why they put her forward for it on the first place if she wasn't diagnosed !) she is getting more and more distressed by school and moving into year 5. She was having 121 help with a TA for her maths but was told at meeting last week this would be stopping as other children need help. She really struggles to make friends. I think the only way is for me to apply myself.

@lollipoprainbow

I think the only way is for me to apply myself.

Yes you need to do it yourself. Nobody else cares about your daughter like you do.Don't waste any more time waiting for school or anybody else to do what needs to be done. Your poor child is getting more and more distressed and things are not going to get any better until her needs are met.

Why on earth is school waiting for a diagnosis when they know she is struggling? It is a Needs assessment and the needs are clearly already there. A diagnosis is not going to change them. And school do not make the decision whether or not she will receive an EHCP; that is a decision for the LA.

Apply yourself to the LA, citing all her difficulties, the fact that school have stopped the 1:1 that she still needs, the social issues and the increased distress which is adversely affecting her mental health, and any other evidence you have.

Use the model letter on this link here:

www.ipsea.org.uk/asking-for-an-ehc-needs-assessment

The 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.

That is the only test in law. (Section 36(8) of the Children and Families Act 2014).

Any other criteria, like having a diagnosis, school having to have spent £6000, the child being so many years behind, are all unlawful. They may form part of LA policy, but LA policy does not trump the law, however much LAs (and schools) like to think they do.

Good luck OP with your DD's assessment. I've been told often that it's a fight to get assessments, diagnoses and help for our kids - your school's attitude is certainly pricing that correct unfortunately.

Whoops, pressed post by accident.

My DDs are autistic and went through most of secondary school without even a diagnosis - the youngest is 18 now. We were completely unaware of autism and none of their teachers - primary or secondary - ever picked it up. I guess 10 years ago in primary there was a lot less knowledge around about autism in girls.

How did you parents of girls with an autism diagnosis come to it, at such a young age? Pre-teen? I often think about what I missed, being ignorant then about autism.

But I try not to blame myself for not getting my kids help earlier, because we have done as much as we can since knowing they need extra support. You shouldn't feel bad either about not pursuing an EHCP earlier, you were also relying on other people (teachers, the "experts") and expecting them to guide you in what's best for your daughter. Unfortunately I think that trust is some times misplaced or abused because schools don't necessarily have the same agenda as we parents have.

Good luck

Thanks @Ellie56 I am going to apply what have I got to lose !! I'm disappointed at the schools attitude to her, they treat her like a naughty child rather than a child with possible autism. The last meeting I had with the senco manager and the teacher they made her attend the meeting too and she was so embarrassed and upset because she thought she had done something wrong. She sat there squirming and crying I felt awful. Her mental health is suffering she cries most weekend about hating school, the learning and going into year 5, she is very young for her age.

@lollipoprainbow

And if they refuse, don't be put off. Appeal the decision. The majority of parents win Refusal to Assess appeals.

resurrecting this thread as we have had the application for the EHCP refused.

Apparently she is now showing as emerging or inline with age related expectations.

Which is rubbish in one subject she is apparently on the edge of emerging also i've not actually seen the assessments so we've asked school to send these.

one of the reasons they also gave is her attendance is 100% which really pissed me off what the heck has he fact DH & I are very strict on attendance got to do with her needs.

I understand some children with SEN refuse school but she doesn't and DH & I both had parents who didn't make us go to school so our education suffered and we vowed to not make the same mistake.

I will be appealing but I'm a little unsure how to frame it the amount of input she needs from us just to do a simple piece of home work tells me she is not level with her peers, but how do I prove that enough to satisfy the appeal?

I think this is key phrase from the tribunal linked above:

"The assessment cannot realistically limit itself to the immediate present.When there will be a change of circumstances in the near future, it is impossible to ignore that future".

I very much doubt given the added complexities of secondary school along with larger classroom sizes and less opportunity for small group learning that no matter how hard she tries and how determined she is she is going to do anything but struggle but how do I prove it, enough to get her assessed?

Also how do they know that everything is being done that possibly can for her?

Grr i'm struggling with this to pull it altogether into a coherent argument rather than a general rant!

I'm wondering if I can go down the route of saying that any progress made is the result of lots of additional intervention.

evidence that where progress has been made, it has only been as the result of much additional intervention and support over and above that which is usually provided;

The fact she has had years of extra tutoring first at a local dyslexia saturday school then weekly with a teacher. Along with lots of extra provision at school a neurotypical child would have made more progress than just emerging.

Certainly her sister who has dyslexia but is NT and went to the same saturday school has made significant progress and is now in the upper sets at school.

Just in case anyone is reading I emailed the secondary school to say we are applying for an EHCP and it was the first they had heard of it and they said they had been told our DD only has "mild" special needs.

I'm livid but trying not to be this constant dismissive attitude of some people involved with kids is so frustrating.

Please appeal, Sick! You are totally right, you must document and show how much support your dd had to achieve 'emerging, which obviously falls short of expected. And you are absolutely right to point out the increased complexities at secondary school. But most applications get refused, LAs do this pretty much automatically, so you need to appeal. Read their reasons and offer as much evidence to the contrary as you can. Did you get a private EP, SALT and OT assessment? I would try and get all 3 privately if they haven't been provided yet. In the worst case, if you are refused a EHCP, this information would still form the basis for any support the school, you and any private tutors/mental health care providers should offer going forward. A lot of this should be accessible without an EHCP plan (schools have to offer first 6k(?) of SEND support, NHS should offer SALT, OT and autism support groups without EHCP if needed). Don't give up, and good luck!

Absolutely appeal. Just read through your thread. Seems like you have a very good handle on your DDs needs and are ready to do what it takes to get the proper support in place.

How interesting that DDs levels suddenly increased when you applied. Do make sure to ask for a copy of those assessments from school. I suspect if an Indy EP were to assess her you would get a much more accurate picture.

Don't waste any time agonising over whether to appeal, just do it. Spend the time putting across your points as clearly as you can and including the evidence you have. Keep looking for more of those relevant quotes like the one you found about looking beyond the immediate present.

You're on this, don't be put off by people throwing cold water. Shame on them that this is what they take a salary for.

@Sickoffamilydrama I wondered if I may ask you for an update please? I am in a similar situation considering applying for an EHCP for my DD8 recently diagnosed with ASD but I don't think school would support us. How are you getting on?