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EHCP and school making decisions before it's completed

NAS93326
28 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

Parents
  • 19 days 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.

Reply
  • 19 days 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.

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