Navigating the EHCP process for children with SEND can feel overwhelming. From understanding the initial application to navigating potential appeals and drafting, this guide offers practical advice to empower parents at every stage. Learn when and how to start planning, demystify acronyms, prepare for assessments, and ensure your child’s EHCP is comprehensive and effective.
There’s a military phrase which fits here, ‘P*ss Poor Planning Leads to P*ss Poor Performance’ – and it fits because it can also feel like you are planning a military operation.
It can be time consuming and emotionally, mentally and physically exhausting – and that’s without the financial implications along the way.
To give an example, here’s a quote from a parent on our Facebook group ‘this morning I was overjoyed, the LA have agreed to issue, and now I’m overwhelmed and can’t stop crying because I had no idea of how much I still need to do, I thought I’d cracked it’.
When to start planning, and why.
If we lived in an ideal world (we don’t) you would have this all mapped out – wouldn’t you? Can you?
If it helps, the answer is no, you really can’t, because there’s so much that is unknown at the beginning of the EHCP application process, and so many SEND Myths everywhere you look. You can, however, plan at each step – and you must.
A good place to start is to try and get your head around the world of strange acronyms and abbreviations, and we have just the blog for you here.
Then, how much do you really know about EHCPs – they have so many sections, what are they, and how important are they? Find out here.
Agreement to Assess
· Look back at the EHC NA application that you made, you identified that your child has or may have SEND. They ‘may’ so now you must make sure that the correct people are involved to identify if they do. Make sure that you know your rights under SEND Regs 2014 6(1)
· Make sure you know the remit of the professionals' undertaking assessments, the difficulties they can identify and the questions to ask them. See our Podcast here for Occupational Therapy watch our YouTube video for advice on Educational Psychology assessments
· Your child/young person will now be involved and may have questions, or may be worried about what this all means for them, we have that covered too here.
· Make sure that you are copied in to all correspondence and communication. Information on how to do this here.
· No one wants to think about an appeal at this stage, however over 50% of all EHC NAs are refused, and 98% of all appealable EHCP decisions are overturned at appeal – so appeal you must. Knowing what this means and the steps to take, will mean you are prepared for this likelihood, the inevitable policy that has been used – and now you will know the SEND law. LAW TRUMPS POLICY!
· Information on Refusal to Assess here.
They agree to assess, then what?
Here we go again, they can, and often do Refuse to Issue, so off you go to appeal, information to prepare you for this here.
Yes, to Issue, at last. Now what should I do?
Stay one step ahead of the game, here’s how:
· Do not wait until you have the draft to consider schools. Yes, the school placement depends upon your professional evidence for B and F, but you must do your own research on schools, and the realistic chance of which will be suitable. This is also exceptionally important for all Phase Transitions. Remember that over the Summer holidays it’s impossible to visit schools, but before this time there will be open days , fetes and sports days, go as a ‘plus one’ of a friend – get a feel of the environment, look a year in advance of any Phase Transition – know the school that you are requesting. Research is everything – but this takes time. Information on what to ask schools here.
· Information on how to navigate this prior to the school summer holidays here.
· When you receive a draft, do not accept it as it is, it will need amending, and in some cases these amendments amount to a complete change of placement type – do not underestimate the value of checking your draft. Do not ask the school to do this. Why? Because a poorly worded EHCP is a gift to a school and a devastating blow to your child. The school can use funds anywhere at all, if the provision is not specific to your child/YP. More explanation here (if you only watch one YouTube video – make it this one, the importance of checking your draft is a hill we are prepared to die on, it’s without question the most pivotal thing you can do for any child or young person with an EHCP – new or existing).
· Know your Woolly Words – and if you don’t know what I’m going on about – all you need to know is right here.
· It’s 15 Calendar Days for the EHCP to be checked – yes you can request an extension, the LA ‘should’ agree – but if you’ve read all about Woolly Words you will know that with the LA, should does not mean will.
· Check that draft - we have two webinars to support you to do this here:
· Alternatively, you can engage our industry leading bespoke EHCP checking service from professional legal advocates and Company Directors of Empowering Families of Children with SEND Ltd. Full testimonials are available on our website and Facebook Business page, and service details are here.
· Once again, it’s that ugly creature that lurks in the background – appeal – and it’s likely. If your draft amendments have not been agreed – and this is not because you or anyone else has done anything wrong - information on this here.
· Wait time for an appeal hearing, at the time of writing, is 15 months from registration. No one wants this, but there are strategies to use to ensure that you are successful, and lots of support available on our Facebook group and our YouTube Channel.
· Meetings are discussed on this blog.
· Our webinar library can be found here: Webinars
· and we provide full Tribunal Support for all EHCP related appeals. Do not despair, this is not the end, and remember that statistic at the beginning of this blog – 98% of all appealable EHCP decisions are found in favour of the appellant.
Being prepared is everything, it will empower you to have the knowledge before the **it hits the fan, and if it does, you know the steps to take to clear up the mess and stop this from happening again. This is a journey and is ongoing, and the preparation for each stage will need to continue. So, keep your files of the chronological history of your child’s needs up to date. When you need this information for Annual Reviews, for Phase Transition and for any appeal in the future you will thank yourself a hundred times over. Knowing the path to manage the ‘what ifs’ make managing the ‘WTFs’ so much easier.
I could lull you into a false sense of hope, but this process gets harder the older your child gets, however…
The sooner you have an EHCP that is fit for purpose, the sooner managing this gets easier. You are hitting the ground running, and not constantly playing catch up. Preparation and Planning is not a waste of time. Think of it as an investment. Knowledge Is Powerful, and Empowering – we have this knowledge and sharing it with our community is exactly what we set out to do and will continue to do.
Finally, you will find lots of useful video clips and free video and ‘podcast’ resources in our YouTube library here.
We are, and always will be, Stronger Together.
You can find testimonials to our bespoke services on our website and Facebook business page - here
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