EHCNA question

[fernfriend]

Hi there,
I have a quick question about the EHCNA process.

My DS(11) was diagnosed with ASD last year. I applied for an EHCNA in January. School has been very clear that they do not support the application as they say that his needs are SEMH. It is true that he has been referred to CAMHS as he has been exhibiting signs of depression for a number of years now. He has a play therapist and she has provided a letter in support of his EHCNA which was fab. I think that a lot of his anxiety could be reduced if his needs were being properly met, and his communication difference regularly leads to misunderstandings at school which cause him a considerable amount of distress. He is generally very well behaved at school - I guess he masks at school, except for his very loud stims. He was assessed by an educational psychologist and a speech and language therapist in 2018 as part of his ASD referral.

We had a letter from the council in March confirming that he will be considered for an EHCNA and lots of professionals were copied into the letter. The letter stated that we would be told whether he will receive an EHCP in mid June.

It is almost mid June and we have not heard anything. I assumed an educational psychologist would assess him and observe him in class - or a speech and language therapist? I am starting to worry that I should have provided more evidence in my covering letter? Especially considering that his school is unsupportive of this application.

Does anyone have any experience of this? Is there anything I can do? I am really worried that an EHCP will be refused based on school's lack of support without my DS being properly assessed. Any advice would be greatly appreciated

Don't be too concerned about the lack of support from school. Even if DS' needs are SEMH needs you can have an EHCP. However, I would suggest his SEMH needs are due to his ASD and therefore ASD should be his primary need.

You should have heard by now. If the LA aren't going to issue an EHCP they must inform you by week 16. If they are going to issue, in order to meet the 20 week deadline for finalising the EHCP they need to send you a draft by week 14.

Has DS had any assessments yet? As part of the EHCNA the LA must seek advice from:
"a) the child's parents or the young person;
b) educational advice (usually from the head teacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child's parent or young person reasonably requests that the local authority seek advice from."
SEN regs 6(1)

H mean you could ask for SALT, OT and psychiatrist &/or clinical psychologist assessments. The reports from 2018 are too old to be considered up to date.

Is DS in Y6 or Y7?

Complain, the LA are in breach of their statutory duties in respect to how they have conducted the needs assessment and the statutory timescales. Inform them if they don't act quickly you will be forced to begin Judicial Review proceedings.

Appeal if the EHCP is refused.

Thanks for taking the time to reply 10brokengreenbottles..

DS is in Yr6, and hasn't had any assessments yet which is why I've been a bit concerned. Lots of people were copied into the letter I received from the council in March (like the paediatrician who diagnosed him, SALT, EP, my GP, school) but we haven't had any contact from anyone yet. Surely they can't decide whether he's eligible for an EHCP without doing some assessments?

Who do I contact to request the EP and SALT? Is it school or the LA? The deadline is next week so that doesn't really leave much time to assess him.

Thanks again for taking the time to reply. I really appreciate the advice.

The LA are already in breach of the timescales. It is the LA you need to complain to, it is them responsible for the assessments. I suggest you request OT, SALT and psychiatrist &/or clinical psychologist assessments, an EP assessment should take place regardless. Anyone approached for advice must respond within 6 weeks. If the LA can not get the relevant assessments completed within that time they must commission independent assessments.

Without a needs assessment they can not decide whether an EHCP is necessary, and if one is needed what a child's needs are or what provision is necessary.

As DS is in Y6 the needs assessment should take in to account the upcoming transition.

Have you spoken to the secondary's SENCO?

The Secondary SENCO was invited to the meeting with his primary school SENCO and the LA and we touched on DS transition to secondary. I have another child at the secondary school (also with ASD) and the secondary school has been excellent and made lots of reasonable adjustments to meet their need. DC in Secondary school doesn't have an EHCP but has a MSP which has worked well so far.

I double checked and I made the application at the beginning of March (no idea why I thought it was January - all of the months are merging into each other this year! Sorry for the misinformation).

Even with the beginning of March you are behind, and the LA are at risk of breaching the timescales. You must be at or very near week 14 and assessments haven't been conducted yet.

Be aware in many LAs EPs aren't back assessing face to face in schools, lots are being done via zoom.

I would get in touch with the SENCO again to discuss DS' needs further and additional transition visits.

Thanks for your reply ( I thought I'd replied last night but can't see it on the thread!)

I've had contact with the LA this morning and they've said that the EHCNA has been postponed due to the EP not being able to see DS until September. I'm very frustrated about this and i had a feeling that it would be postponed.

Do you think it's worth complaining? It probably won't make much of a difference to the speed of the process?

No, the LA can't do that! Don't allow them to get away with it. The timescales are set in law. Anyone approached for advice must respond within 6 weeks. The LA must finalise within 20 weeks, to do so a draft should be sent by week 14. If they aren't going to issue they must inform you by week 16. If the LA EP can not assess within the timescales the LA must commission an independent assessment.

It is worth complaining, and threatening Judicial Review. You can force the matter.