EHCP

[ofwarren]

My 8 year old DS is currently waiting for an autism diagnosis and his school have said they are applying for an EHCP for him.
I just wanted to ask what this entails, what are the benefits and can it give you access to applying for a special school when he's applying for secondary?
He's doing okay in mainstream currently, but there is a school for autistic children not too far away that looks ideal.
His older brother is also autistic and he had a dreadful time at our local secondary and I don't want that to happen again.

An EHCP is a legal document that sets out a pupil’s needs and the support they require to meet those needs. It is worth looking at IPSEA and SOSSEN’s websites.

The biggest benefit is EHCPs can include provision not otherwise typically available, more frequent provision than otherwise available and without the need to sit on waiting lists. Another benefit is DC’s needs are assessed during the EHCNA. This can include SALT, OT and MH assessments, again without sitting on waiting lists.

You first apply for an EHCNA and the LA decide whether they are going to assess or not. If they do the LA have to seek advice from:
“a) the child’s parent 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.”

Yes, an EHCP can name a special school. It can also name mainstream schools which you wouldn’t normally qualify for a place at via the normal admissions round. Is the independent school wholly independent or a section 41 independent? The rules aren’t slightly different for wholly independent schools.

I've just checked, one is section 41 independent and one not.

With EHCPs, parents have the right to request a s.41 independent school (along with maintained, academy, non-maintained schools) and the LA can only refuse to name the preference if they can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

Whereas with a wholly independent school you don’t have the same right but can still ask for it to be named. You would need to prove the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure.

My young daughter is currently at a mainstream school ( private ) and is just turning. 5 . The school have just informed us that if they are to accommodate her moving into year 1 we will have to get an ehcp report and honestly I’m not convinced this is what my daughter needs . I feel like I’m being pushed to do something that we do not need
we have agreed to provide support on the private sector and they are refusing this
my daughters speech is improving at a strong speed and also her social interactions
i feel we need time before making such a big decision and the school isn’t providing us with that
I really need support and to understand our rights

You would be better starting you own thread.

If the school is suggesting an EHCP I would listen.

Unfortunately many independent schools aren’t supportive of SEN and some try to manage DC with SEN out. Without the support provided via an EHCP the school may try to manage DD out.

The advice I could give you is use your time to get to know every avenue of what can help you. By that I mean the SEN Code of Practice, Children and Families ACT 2014 and your Local authorities requirements.
This all sounds very technical but from my experience (18 years of battling) educational institutes seem to respond better when you quote what the Law states. Many try to put off parents by being nice and quoting "what has to happen" genuinely believing what they have been told (by someone else) as the "law".
The greatest myth of these is the 12 months "Assess Plan Do Review" before any EHC Needs assessment can be applied for. Search for Section 36(8) of the CAFA 2014 to see that there are only two criteria to meet. The schools are told by their local authority this and they believe it. The only caution is that you make sure YOU are ready to answer all the questions and provide the information you can if you start the ball rolling. Some parents use the "12 months" to do this, but you have to make sure the school is doing everything they set out to do from the start. So ILP's regular reviews, parental consultations, outside professional visits (autism team, Ed Psych etc.)

My experience: I have an 18 year old now at college. I applied for an EHCP in primary and was told the normal. Pushed and pushed. Autism diagnosis, APD consultation, social interaction groups. Finally I applied for EHCP only to find school had not been keeping sufficient records so it all fell at the last hurdle.
Ended up with a formal complaint to governors.

Daughter has been damaged by all this, now is on an entry-level course so is at least 3 years behind others. Having to now apply for 18+ EHCP so can remain in college.
Like me many won't want to be "pushy parents" when it seems the school is doing all they can. The problem is that most teachers and staff are good, but systems fail and they can't come back and tell us this, so they keep quiet and time passes... You then get to crunch time after gradually getting more concerned and take action yourself, only to find there are lots of pieces missing.

Start early, get educated, and when you are reassured by decision makers "we have got things in hand" politely ask for evidence. When you are told "it will be 6 weeks" wait the 6 weeks and then ask for progress. Don't accept "we'll let you know", instead state "I'll call you in 3 weeks", and do so.

Use the sites that offer help: IPSEA and Sunshine support. Pay the (little amount) to either subscribe to the academy or watch the webinars that are offered (gold in my opinion). The advice offered (from others) makes you sound like an expert when you ask for things quoting the relevant legislation.
There is in-built injustice in every system for anyone with needs. The system doesn't look at the person - only what they are likely to cost.
An EHCP is your passport to securing the future for you child. When you have one you get "waved through" many blocking barriers. It is a hard battle but worth it. Keep EVERY bit of documentation, don't just stuff it in a box. Index it and read through it. One piece of information in one document can be evidence when completing another form. If you have forgotten it's there you can't benefit from it. Yes, I'm saying you won't be watching box-sets, you will be at the kitchen table, yes, it's tiring work...BUT yes it's worth it for the most important thing we have.

Honestly, thank you so so much for this.
I'm one of those people that when I know I'm right, I go out of my way to prove it. We are currently having a fight over his care plan and I am quoting the law to them, applying for medical notes from the hospital and have also arranged for an advocate from a specialist charity to attend the meetings with me.

It's so hard and absolutely exhausting. My executive function is terrible so I end up with no spoons left to do anything else but fight this.

I will start the ball rolling this weekend and do exactly what your post suggests.
Thank you