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9 year old autistic daughter and school... next steps no idea!

maaya

Hi

I am wondering if anyone has been in a similar situation to us and found the way forward.  My 9 year old has struggled going to school for over a year, she has been having horrible violent meltdowns every night for a long time.  The atmosphere at home is so tense just waiting for the next explosion.  She is at mainstream school has ELSA when staff are available and the teacher helps her (when she asks) with her maths.  She says everyone at school hates her so it's not surprised she hates going but she will then talk about who she played with at lunch time so it's a bit confusing.  She also now has separation anxiety from me at night and more recently isn't sleeping. We got help from the primary mental health worker who said we had a case for an EHCP but when I look at the existing school paperwork, I don't think she has even made it onto the special needs register!  We get targets and what the teacher child and parent will do to help ensure the targets are met..... does that mean she is on the register!?

When i spoke with the mental health worker and Senco last, it was agreed that the teacher will start check ins daily with her too.  I don't think this is enough but equally don't know what else can be done apart from try for an EHCP but she is just about meeting academic targets except in maths.  Can you get an EHCP for mental health reasons (anxiety) and if so what would this look like in terms of support? She is in year 5 and we have to think about next schools too, where she is too able for a Unit or special provision but her anxiety is super high and I can't imagine her coping at secondary school.  Has anyone managed to get their child into a small independent mainstream school through an EHCP?.....   I would be really grateful for any advice as we can't continue as we are at home. 

Thanks you so much for any advice

Parents

  • One thing you could try is trying to get your local council to classify your daughter as a ‘child in need’ under section 17 of the children act. The criteria here aren’t limited to educational attainment but wider health and development.

  • in reply to Peter

    Interesting idea but would that get her an Ehcp? 

    Thank you so much for the help. 

  • in reply to maaya

    No. And to be honest I'm no expert in this area. The way things work in practice might be quite different to the way they work in theory in the legislation. But in theory the EHCP is for and triggered by issues with academic performance. However because they recognise that issues with education can be caused by wide issues of health and wellbeing the EHCP includes provision for support of a non educational type (eg help at home or special activities outside of school) including provision under the children act.

    Now if you look at the corresponding parts of the children act (1989) "It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part) to safeguard and promote the welfare of children within their area who are in need; and so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs." So if our child is having troubles at home (because of school) that don't relate to educational attainment, they could still be covered by section 17.

    Even if the council turns around and says you don't qualify for an EHCP plan you could still say you think your child qualifies for help under section 17 of the children act (1989). The difference is you have a lot of formal appeals if they refuse your daughter an EHCP but if you want to appeal a decision under section 17 its probably only posable by taking the local council to court.

    However if you take legal advice and they say your daughter just doesn't have a chance of qualifying under the rules for an EHCP you might look into the children act instead.

    In my opinion you've nothin to loose by asking for an EHCP but if you are refused and want to appeal that you might want to take advice. #notlegaladvice

Reply
  • in reply to maaya

    No. And to be honest I'm no expert in this area. The way things work in practice might be quite different to the way they work in theory in the legislation. But in theory the EHCP is for and triggered by issues with academic performance. However because they recognise that issues with education can be caused by wide issues of health and wellbeing the EHCP includes provision for support of a non educational type (eg help at home or special activities outside of school) including provision under the children act.

    Now if you look at the corresponding parts of the children act (1989) "It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part) to safeguard and promote the welfare of children within their area who are in need; and so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs." So if our child is having troubles at home (because of school) that don't relate to educational attainment, they could still be covered by section 17.

    Even if the council turns around and says you don't qualify for an EHCP plan you could still say you think your child qualifies for help under section 17 of the children act (1989). The difference is you have a lot of formal appeals if they refuse your daughter an EHCP but if you want to appeal a decision under section 17 its probably only posable by taking the local council to court.

    However if you take legal advice and they say your daughter just doesn't have a chance of qualifying under the rules for an EHCP you might look into the children act instead.

    In my opinion you've nothin to loose by asking for an EHCP but if you are refused and want to appeal that you might want to take advice. #notlegaladvice

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