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EHCP and school making decisions before it's completed

NAS93326
11 days ago

Hello! I'm hosting a Ukrainian lady (M) and her 5 year old son (R). He is going through the process to get an Educational and Care Plan with reports from different specialists just starting to be sent through. He is currently in school for just 45 minutes a day and spends that time 1:1 with a teaching assistant. 
Before Easter school asked mum to come in for a meeting and told her that they didn't think they'd ever be able to provide more than 45 mins a day to R. 
I've read the really great information on EHCP on the FAQ's but still have a question around whether the school are trying to do her a favor by saying early that they won't be able to provide additional support or whether they might be taking advantage or her lack of English and awareness of how things work.
I really hope it's the first and they are using their previous experience of similar children to predict where this might be headed and what they might be able to do/ not do but if I'm understanding correctly that an EHCP could come with budget, I'm wondering whether they've been a bit premature? 
Anyone any experience to share? 
Linked to this one of the reports we've had through is a referral for an autism assessment. It says the timescale for this could be 18 weeks. Will this hold up the production of the EHCP? It will take us beyond the 20 week deadline for the EHCP to be produced but could obviously provide some critical information so what should we expect here. 
Thanks

  • 1 day ago

    I suggest the parent gets legal advice. If the child is of legal school age, the school must provide suitable education whilst he is on their roll. There are limited exceptions, but these need to be part of an integration plan agreed with the local education authority. The school should be able to get short-term support from the education authority until the statement is finalised. A formal diagnosis is not necessary, it should be possible for the SENDCo to identify his learning needs.  Sending a child home, even a 'cooling off period'  with parental 'agreement' is legally an exclusion ... children may only be excluded for disciplinary reasons, not because the school cannot manage their SEN. The parent could contact the local authority (Education Welfare Service) and say they think their child is being unlawfully excluded, which should trigger an investigation.

  • 10 days ago

    Hello ,

    Thank you for sharing this challenging situation with the community. Please visit our online advice and guidance which explains more about getting extra help in school, assessments, education plans, reviews and school transport.  

    Extra help at school in Wales  

    Extra help at school in Scotland  

    Extra help at school in Northern Ireland  

    Extra help at school in England  

      

    If you require further support, you may like to contact the following organisations:  

    Wales  

      

    Scotland  

    • Enquire provide advice about additional support for learning for children attending school https://enquire.org.uk/   

      

      

    Northern Ireland  

    The Children’s Law Centre provides a free legal advice service and legal representation for children and young people.  

    The NI Commissioner for Children and Young People (NICCY) and their work is focused on making sure children and young people have access to their rights in their day-to-day lives, so they have the best opportunity to reach their full potential.  

      

    England  

    • Every local area has a Special Educational Needs and Disabilities Information Advice and Support Service (SENDIASS) that can provide information, advice and support to parents and carers of children and young people with SEND, including on exclusions.   

      

    • Independent Provider of Special Education Advice (IPSEA) is a registered charity that offers free and independent information, advice and support to help get the right education for children and young people with all kinds of SEND.  

       

    •  Coram’s Child Law Advice service can be accessed through their website or contacted on 0300 330 5485 from Monday to Friday, 8am – 6pm.   

      

    • SOS!SEN offers a free, term-time, national helpline, staffed by a team of volunteers, to provide next step advice and support on questions and issues parents may have relating to their child’s SEN provision.  Their helpline number is 0208 538 3731.  

      

      If you need support with an appeal against a decision about a child or young person’s educational needs, your local tribunal administration may also be able to help:   

    First-tier Tribunal (special educational needs and disability) in England   

    Special Educational Needs Tribunal for Wales    

    Special Educational Needs and Disability Tribunal (Northern Ireland)   

    First Tier Tribunal for Scotland Health and Education Chamber   

    All the best,

    ChloeMod

      

  • 10 days ago

    Just a couple of things. My son got his EHCP before his autism assessment although it was turned down at first and we had to go through tribunal.

    In relation to funding for EHCP it depends where you live whether funding is given to the school.