EHCP help - school says wouldn't be eligible as highly achieving

[13lucky]

Hi there, I'm after some advice re EHCPs. My ds was diagnosed with autism in March 2020, just before Covid kicked off in the UK. He moved to Secondary with no transition, due to Covid, in Sept 2020 and is now in Year 8. He is in a super selective Grammar School and is flying academically so school keep telling me all is fine. However, he is struggling socially and emotionally and spends all breaktimes and lunchtimes in Student Support, as well as all lessons taken by Cover Teachers and various other lessons when he feels overwhelmed. He copes in other lessons because there is another boy in his class with an EHCP who has a 1:1 who my ds has become reliant upon. School tell me that my ds would not qualify for an EHCP because his needs are not great enough but I am wondering whether he should have one as without this 1:1 teacher (which is only for the other student who will not be in all the same classes in Year 9), my ds would struggle to attend classes. I'd be grateful for any experience you may be able to give. Many thanks.

Just copied this from IPSEA:

If a local authority (“LA”) is requested to carry out an EHC needs assessment by a parent, young person, school or college, they must consider:

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, they must carry out an EHC needs assessment.

This test is set out in the law (section 36(8) of the Children and Families Act 2014). This means these are the only questions the LA should be asking when considering whether or not to carry out an EHC needs assessment.

On a practical on the ground level
I believe it's harder to get if they aren't struggling academically but it's hard to get when they are so always worth a go.

I applied for DD myself the LA agreed to assess her after we took it to appeal. She's autistic and struggling academically.

Sounds like what you have written is evidence of him struggling.

My DD is Y6 and diagnosed ASC June 2021. She has been struggling with school for a very long time, academically very able. Her attendance is currently 79% and 21 lates this year as she is now so anxious about school, but once in through the doors she masks so well. Presents as bubbly, enthusiastic and engaged. Comes home and all hell breaks loose frequently and is just desperate not to go.

I'm just about to go to appeal for a declined parental request for EHC needs assessment. High school senco is supportive in that she says she has concerns about her transition without significant social and emotional support and an EHCP but the LA are digging their heels in already.

If he won't be able to access his education next year, he will have unmet needs so I'd think it is certainly worth applying

I should add, my DD is very anxious, and on the verge of emotionally based school refusal. We do have a GP letter following a 6 day absence after a real crisis with her anxiety sky high and she is awaiting counselling (long wait though). She also let her mask slip at school briefly recently and they have seen her anxious, a little , but she also climbed the gates and tried to escape the second to last day of term. They tried to say it was due to one thing and being asked if she was okay (prompted her to lose it, shouting that she wasn't and then try to just leave) but she says the "one thing" was the last thing she could take and she just couldn't be there any more.

And yet the LA and school still say school can meet her needs (No TA support) and not to proceed to appeal.

So I do think it'll be a fight. One I'll be trying too though

Schools often tell parents their DC won’t get or doesn’t need an EHCP. As posted up thread the threshold for an EHCNA is relatively low. Some schools and LAs tell parents academically able DC aren’t able to have EHCPs, which is nonsense.

Do you have evidence DS is missing so many lessons where the other boy’s 1:1 is not in the class? Are you following up verbal conversations with emails so you have a paper trail?

DreamingOfAFullNightsSleep if DD cannot attend school full time the LA have a statutory duty to provide alternative education. You don’t need an EHCP for that, although still continue the appeal - many LAs routinely reject the majority of applications then concede when they see parents are serious about appealing. Don’t bother with mediation just get the certificate, LAs use it as a delaying tactics and if they are going to concede will concede regardless of whether you actively partake or not.

@Imitatingdory

Schools often tell parents their DC won’t get or doesn’t need an EHCP. As posted up thread the threshold for an EHCNA is relatively low. Some schools and LAs tell parents academically able DC aren’t able to have EHCPs, which is nonsense.

Do you have evidence DS is missing so many lessons where the other boy’s 1:1 is not in the class? Are you following up verbal conversations with emails so you have a paper trail?

DreamingOfAFullNightsSleep if DD cannot attend school full time the LA have a statutory duty to provide alternative education. You don’t need an EHCP for that, although still continue the appeal - many LAs routinely reject the majority of applications then concede when they see parents are serious about appealing. Don’t bother with mediation just get the certificate, LAs use it as a delaying tactics and if they are going to concede will concede regardless of whether you actively partake or not.

Yep DD school told me she's not bad enough to require one but they were giving her all the support they could or so they told me and yet she is barely keeping her head above water academically.

So Ignored them and applied anyway!

Thank you for your replies. Yes, my ds is sooooo good at masking. His main issue is debilitating anxiety and he manages to keep it together (mostly) at school and then all hell breaks loose at home. School Senco basically said this was our problem as he 'is fine' in school. I do have a paper trail but school does not like us communicating much - in fact I was told I 'communicate too much' by the Senco. School has told me ds will not qualify for an EHCP and I don't want to upset / annoy the staff as, fundamentally, apart from the Senco, they have been very supportive. He is not developing emotionally or socially though. The school told me that an EHCP would not give him any more support than he was already getting...what sort of support do you think an EHCP might help with please? We are interested in helping him access things like lunchtime clubs to help socially...at the moment he will not go to these as he would need an adult to go with him for the first couple of times but school is not supporting with this, and help staying in lessons where there is a cover teacher. Also help talking to and making relationships with his peers...he is currently scared of his peers and only communicates with trusted adults. Thank you.

You don’t need the school to reply to your emails, summarise the conversation and if they don’t reply it doesn’t matter it still gives you evidence.

Masking at school and exploding at home isn’t uncommon. I don’t believe there aren’t any signs in school, they just aren’t spotting them.

Don’t listen to the school telling you DS won’t get an EHCP. Social and emotional development are equally important as academic ability. I have 2 academically able DC with EHCPs. Sometimes you have to be that parent, and this is one of those times. No one else is going to advocate for DS. DC whose parents can navigate the system get better support, sadly.

Also ignore the school telling you an EHCP won’t give additional support. It can. What provision can be included in an EHCP depends on DS’s needs. From your posts one could include SALT, OT, mental health therapies, emotional literacy support, social skills groups, 1:1 support (including for break and lunch).

@Imitatingdory

You don’t need the school to reply to your emails, summarise the conversation and if they don’t reply it doesn’t matter it still gives you evidence.

Masking at school and exploding at home isn’t uncommon. I don’t believe there aren’t any signs in school, they just aren’t spotting them.

Don’t listen to the school telling you DS won’t get an EHCP. Social and emotional development are equally important as academic ability. I have 2 academically able DC with EHCPs. Sometimes you have to be that parent, and this is one of those times. No one else is going to advocate for DS. DC whose parents can navigate the system get better support, sadly.

Also ignore the school telling you an EHCP won’t give additional support. It can. What provision can be included in an EHCP depends on DS’s needs. From your posts one could include SALT, OT, mental health therapies, emotional literacy support, social skills groups, 1:1 support (including for break and lunch).

Thank you Imitatingdory...I'll start looking into it although not sure where to start really! A job for the New Year. Many thanks.

Start with reading IPSEA and SOSSEN’s websites. IPSEA have a model letter you can use to apply for an EHCNA. Reading the threads on here will help too.

Thank you Imitatingdory