EHC plan,applying secondary school

My son is 10 year old, in year 6, he was diagnosed in March this year. We have not received a EHC plan.

I want to know if it is schools legal requirements to provide my son a EHC plan?

We are in the process of applying mainstream secondary school, but  I only found out yesterday that if he has an EHC plan we could have go through a different  route.

Is it correct if he had a EHC plan, it will enable him to have a better chance to be selected from our chosen school?

We were not aware of this. The EHC plan route closing dates were in May, we have missed the window of opportunity. We were not being told we have this option.

Am I right in thinking that school has not carry out it's duty by 1, not advised us parents that we could apply secondary school using EHC plan route? 2, not providing a EHC plan for my son 7 months after dignoise and have little communication with us parents about EHC plan? 

Many thanks, 

Parents
  • My son was in year 6 when he got his EHCP. He got it in March this year.  But the school did not apply. I applied on my own, got private assessments and got him the EHCP.  Schools do not apply for EHCP if they feel there is no evidence.  Also many school SENCOs do not want to do the work.  So I would say keep pushing the school if they do not apply. If they refuse, then apply on your own.  Yes, you can join any school if you have EHCP, barring selective grammar and private schools where you have to pass the entrance exam. EHCP does provide you greater choice and you are not restricted to  catchment area.

  • Thank you for your reply. I am just so angry with school, we were not even told about these. We would have pushed or paid ourselves if we know. Would I be able to hold school accountable for not advise us these earlier. As in complain to OFSted or tribunal? 

Reply Children
  • You could complain to the ofsted, but the school could always turn back and say there is no evidence of need for EHCP, unless you have a paper trail of evidence.  These could be aggressive behaviour at school, refusing to go to school, coming home and showing aggressive behaviour, disrupting class, low academic achievement, lack of friends. You could look in websites such as IPSEA, NAS,  and SOSSEN for guidance. SOSSEN have paid telephone advisers to help you if you choose to apply on your own.  I would say start the process as soon as possible; once your son enters secondary you will have to wait for a while before you can get any evidence at the new school.  You will need to get expert evidence from professionals such as occupational therapists (if mobility is an issue), educational psychologist and Speech and language therapists (if communication is a problem) especially if school is not ready to cooperate.