Home Educate or EHCP EOTAS?

[ClearAutumn]

My son is autistic, delayed language, difficulty writing, lots of developmental delays. He’s also curious, funny, imaginative, creative. Have moved from Ireland recently where he was in a nurturing specialist class, with high teacher/adult ratio. That was caring and safe, but also not so challenging.

Now he’s 12 - and the transition to secondary? I’ve looked at every school, specialist, mainstream, the lot. None are suitable at all. He’s bright, but extremely vulnerable and a sensitive, quiet soul.

So after we moved to England, I’ve been home schooling him the last few months and it’s going great. But even the online schools I’ve found are so regimented, they don’t get that he has a spiky profile. I’m doing most now myself or with workbooks and will get in tutors. Am doing social/outings too. He’s thriving.

He would almost certainly get an EHCP - have applied and got request accepted - but am a bit scared of the fight for EOTAS and him being ‘forced’ into a named school, or even EOTAS accepted but some mediocre ‘provision’ online that also doesn’t suit. He has clear SEN needs but in my 12 years of having him - had so many specialists let him down and waste our time - I’ve no energy to fight a system.

What are other people’s experiences? Is EOTAS often given with a personal budget? Are you fined for not sending him to a named school? He’s so happy with a pretty low budget home schooling, and doing so well, part of me thinks what is the point of all that expensive fighting? But then the EHCP seems important for other things I guess?

I'm not an expert by any means but for us an ECHP would have been useful for post school. Hopefully someone will be along soon who knows more

Personally, I wouldn’t EHE. EOTAS/EOTIS can find far more support, including therapies such as SALT and OT, than the vast majority of parents can afford to fund themselves. Therapies, tutors, resources, equipment, outings, music/sport/art/groups etc. all add up. But, yes, you may have to appeal for a good package.

Even if the LA issue an EHCP and name a school in section I, it doesn’t mean you have to send DS. You can decide to EHE if that is what you want to do. And/or you could pursue an appeal for EOTAS/EOTIS.

Yes, PBs can be given for EOTAS/EOTIS.

Are you electively home educating now through choice? Because if not, the LA should be providing provision under section 19 of the Education Act 1996.

Many thanks @StrivingForSleep and sorry for late reply - DS had a bad couple of nights so am also striving for sleep! I’m not EHE (although in reality I am) officially, I am telling anyone I am in contact with that I want to pursue EOTAS as I’ve checked all school provision locally and none are suitable. They have asked me to go through school admissions - but there is no clear pathway for this for SEN and anyway I don’t want to name a school. I am confused!

I’m just past stage 1 of the EHCP, as in the request has been agreed. Most of his reports are really old - they are asking for more and from the school. I’ve given them his year end reports - they don’t do anything else. Is the main thing getting a recent educational psychologist report that basically agrees with what I can see he needs? Sometimes it’s so frustrating, so many hoops!

If you are not EHE, the LA has a responsibility under section 19 of the Education Act 1996 to ensure DS still receives a suitable full-time education. This is separate from the EHCP process. You should send the relevant model letter from IPSEA’s website to the Director of Children’s Services requesting alternative provision. If that doesn’t work, you need a pre-action letter. SOSSEN can help with that, but there is a waiting list, so you may want to look elsewhere. If that fails, judicial review proceedings will work.

You might find it helpful to read this LGO decision, which is about the LA’s failures when a family moved from Wales to East Sussex.

Even if you apply for a school via the in-year admissions process, DS doesn’t have to attend if he isn’t able to.

When did you request an EHCNA? What week are you on?

If the LA has agreed to assess, as part of the EHCNA, the LA must seek advice and information from:
a) the child’s parent or the young person;
b) educational advice (usually from the headteacher 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.

H can include people like SALT, OT, physio, etc.

Provision in EHCPs is provision reasonably required to meet the needs in the EHCP and it taken from the evidence. So, it is important the evidence is complete, accurate and detailed, specified and quantified.

For EOTAS/EOTIS, you will need to show it is inappropriate for the provision to be made in a school.

Have you looked at all schools within travelling distance (typically considered 1hr15 at secondary although many travel further) including independent schools and non-maintained special schools and those out of area?

Many thanks @StrivingForSleep your time and advice is absolutely great and so appreciated. Yes I spent the last year and a half visiting schools not only in the area I’m in now, but the whole south and middle of England. I visited about 10 in person and also at least five in the local area. I talked to other parents and did a lot of in depth research. I really thought a school would be the best option - but he couldn’t cope at all in mainstream. And the specialist provision ranged from seeing kids wandering around on their own, vulnerable and unsupervised, to one which was supposed to be for academically able autistic kids but half the kids weren’t in any lessons (wandering around and trying to escape) and those they were had only maths, English and science generic subjects for all levels up until 16.

I was a bit shocked at how no one seemed bother about the lack of good quality safe schools. They weren’t schools I would have been happy to go to myself let alone a quiet, shy and open child like my son. He’d be bullied / left with a textbook.

I did see a couple that were so, so much better. One made me actually cry as it was full of kids who had fairly severe disabilities - autism, speech, adhd but the school was so safe, no bullying, nurturing, therapies daily, great teachers and so many opportunities from music to art to sports - very little behaviour problems (as their needs were being well met). Absolutely loved it. I’d have moved to be there but as the ratio of adults is one to ten they were not so keen on my child as he has been in one adult to two child ratio. So not that one for now.

Applied ehcp mid December just got the response that Yes they will proceed to assessment.

I have a lot of old reports but no new ones. Been told an EP will be £1300! They want reports in a month - but no way could I get an EP in that time?

I did not know about this at all. So many thanks for this!
You should send the relevant model letter from IPSEA’s website to the Director of Children’s Services requesting alternative provision. If that doesn’t work, you need a pre-action letter. SOSSEN can help with that, but there is a waiting list, so you may want to look elsewhere. If that fails, judicial review proceedings will work.

I am not saying a special school can definitely DS’s needs. Obviously I don’t know DS so I can’t say that. However, there are schools who cater for academically able DC, including providing GCSEs beyond English, Maths, Science and A levels.

Increased ratios can be provided for via the EHCP.

If you requested an EHNCA in mid December and the LA has only just informed you they will assess, they breached the timescales. You can see the timescales here.

The responsibility for seeking advice and information during the EHCNA lies with the LA. You can submit evidence you have, but it is the LA’s responsibility to seek evidence from an EP. You are unlikely to get a good independent EP with SENDIST experience within a month unless you were exceptionally lucky with a cancellation. Reading IPSEA and SOSSEN’s websites would help you to begin to learn about the EHCP process.

For EOTAS, evidence it is inappropriate for provision to be made in a school is essential.