Is an EHCP worth it for DD (15)?

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Hi everyone, my oldest daughter is 15 years old and is about to go into Year 11. Her referral for ASD was accepted in July (2021) and the waiting list for an assessment is 2+ years.

The school are adamant to give her SEN support as she does not have a diagnosis yet, however she is struggling lots with sensory issues, school anxiety, etc. It has caused a drop in her attendance, and the school have said that this year she isn't allowed any absences without medical proof. I am also not sure what support the school would be able to give her if she does get diagnosed, but I am sure an EHCP would mean she would get more support than she currently does.

Is it worth it to go for an EHCP, especially as she is leaving said school in a year? Especially as she wants to go to university, so it would only be valid for another 3 school years, and it would take a good few months to complete.

I'm really new to this whole thing so any help or advice (even if it seems obvious) would be appreciated, thank you x

Forgot to mention her school are notorious for poor safeguarding/SEN support in the area, and an EHCP may force them to do a bit more. I am in Devon by the way x

School support should be needs led, not diagnosis based.

It is definitely worth applying for an EHCNA. If you apply now and don't have to appeal at any point it would be in place for a few months of Y11. If you do have to appeal it could still be in place for the start of sixth form. An EHCP may help if there becomes a point post 16 where DD can not attend because of her MH, because the statutory requirement for the LA to provide education to other out of school because of their health only applies to CSA pupils.

The bar for a needs assessment is relatively low. The only threshold you have to meet is a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. Any other test is unlawful.

There is case law to show it is possible to get an EHCNA when the school could do more, but won't.

How low is DD's attendance? The LA have statutory duty to provide education to those unable to attend school full time due to their health, including MH, or SEN.

@overworkedrobot Thank you for your response. Her attendance in the entirety of Year 10 was around 80%, and that was with battles most mornings to get her in. I'm worried she will have worse problems with attendance coming Year 11 with the stresses of exams, and all her absences due to this will go down as unauthorized.

Are you able to tell me about what an EHCNA would entail?

Yes it absolutely is worth applying for an EHCNA. The fact that getting DD into school is a battle shows the school is not meeting her needs, alongside the sensory issues and high anxiety. It could be that she actually needs a different type of school.

If an EHCP is issued it can stay in place potentially until she is 25. Information here:

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

If the LA turns you down, appeal the decision. The majority of parents win.

We applied for an EHCNA when our son was 19. When he was 21, after a huge battle with the LA, he went to a specialist college for students with autism. It was the best thing that ever happened to him. He was so happy and he achieved far more than we ever thought possible.

As part of an EHCNA the LA must seek advice from the following:
"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 can include things like SALT, OT, psychiatrist &/or clinical psychologist - for someone with suspected ASD and struggling with school attendance all would be reasonable.

Here is the guidance for medical needs tuition. For pupils with ongoing difficulties the 15 days don't have to be consecutive days, they can be cumulative.

Don't worry about unauthorised absence, you can challenge them if you want, but even if you don't you will not be fined, don't let the school scare you with this threat.

If she wants to go to university, she might find the university is willing to provide far more support, if she has a diagnosis.

It shouldn’t be the case; but in our experience, it was - DD was assessed as having various difficulties with processing and the university wouldn’t give help, as they didn’t have a name. Once she was diagnosed with a well known disorder, she got all the help under the Sun - way better than schools with a typical vague EHCP!

Intercity DD would not have needed a diagnosis to apply for DSA.

No, the university provided far more help than just the DSA.

@overworkedrobot Are you able to elaborate on the absences please?? Should I not be worried about unauthorized absences?

Thank you all for the responses, I'm definitely going to look into getting an ECHNA carried out, if only for her college/sixth form.

If DD is unable to attend school due to her MH and suspected ASD the school should not be recording the absences as unauthorised. You can challenge the school on this. However, if you can't face that don't worry about the school using threats of fines to intimidate you. This is a common tactic of some schools. The LA are not going to find you if you can show DD is unable to attend due to her needs and you are trying to work with the school etc.

Some parents have even found proactively contacting the EWO helpful after the EWO told the school to record the absences correctly and be more supportive. Some also supported the need for an an EHCNA &/or medical needs EOTAS tuition.

I would say definitely go for it as who know what will happen in the future. She may well end up having to repeat a year at school or take some time out. An ECHP does not carry across to uni or employment but is valid for further education until the age of 25.