This article briefly explains what an EHCP is, how it supports your child/young person and how we can support you with a successful application.
The EHCP
This is ‘a free-standing legal document’, which will support a child’s Special Educational Needs and Disabilities over and above that which a school can provide for under the Best Endeavours Duty. It is legally enforceable and written to support the individual child’s, unique needs (difficulties).
A school must make Reasonable Adjustments, must include auxiliary aids, and must not discriminate against a child because of a disability. This is regardless of the child/young person having an EHCP. (Equality Act 2010).
Without an EHCP, Special Educational Provision is not enforceable and can be withdrawn at any time for any reason. This can be additionally apparent at a Phase Transition (see our blogs on Phase Transitions for more detail on these pivotal times) when moving, for example from a small very well-resourced primary school to a large secondary school. The support that your child has been given under Best Endeavours may not be provided in the next phase, and you cannot insist that this continues. For more information about post-16 transition see our blog here.
How do I know that my child needs an EHCP?
Is your child struggling to manage at school? Do they need more support than that which is generally available to all children at school?
This is not just about how your child preforms academically, it’s not just about attendance, and your child/YP doesn’t need a diagnosis.
Think about how your child manages friendships. Do they find it easy to interact with peers and adults at school?
Do they struggle to communicate their wants and needs?
Are they anxious about school, do they present with anticipatory anxiety when school is mentioned?
Are they unable to manage their own emotional responses and reactions at school and also at home?
Do they mask?
Do they struggle to focus, are they easily distracted? Is the school environment overwhelming? Is it too busy, bright, noisy?
Do they struggle to organise themselves, to remember information they have tried really hard to retain, and take longer than anticipated to answer questions?
Are they struggling with handwriting, forming the letters, keeping up with their peers writing speed?
Are they reading but struggling to remember multiple instructions?
Can they physically access the school, do they need specific adaptations, hoists, medical support, personal care, nutrition?
Do they need therapeutic interventions, Speech and Language Therapy , Occupational Therapy, Physiotherapy , or SEMH counselling support, for example?
This list is not exhaustive and the degree of need, and how this must be supported to enable your child to access an ‘adequate and appropriate education’ can only be evidenced by professional assessment.
This professional assessment is part of the Education Health Care Needs Assessment process. To quote case law ‘it is only when an assessment has been made that a definitive decision has to be made’ Cambridgeshire County Council v FL-J [2016] UKUT 0225 (AAC) at [4]
What are the Four Areas of Need?
EHCP’s provide support for:
Cognition and Learning
Sensory and Physical
Social Emotional and Mental Health
Communication and Interaction
Along with Health, and Social Care.
IPSEA provide a useful EHCP checklist available here
How do I apply for an EHCP?
There are many myths surrounding EHCPs, and many more ‘policies’ which are used by Local Authorities which make parents jump through hoops before EHCP’s are mentioned. Law trumps policy. Know the law, and this will empower you to stand up for the rights of your child/YP and drive an application forward.
Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me?
We have put together a full Education Health Care Needs Assessment package to support parents to make a successful application. There’s an easy-to-follow webinar, where Anna and Sarah talk you through the process, step by step. They give you scenarios, examples of different needs and potential needs and how you would identify these and look at how your child may need additional support.
They talk you through the SEND law that supports an application and give real examples of SEND myths and wrongful LA policies and how to challenge these. This is also invaluable information should you have a Refusal to Assess.
The accompanying support package gives you timelines, example application letters, and ‘fill in the blank’ template application letters to make the process as uncomplicated as possible. They will give you detailed explanations of the type of evidence to submit and why.
Event participant feedback:
‘It was really helpful to know the types of evidence and what needs to be included, along with the resource pack.’
‘The case studies were really helpful and increased my understanding of the process.’
Find our webinar and the accompanying support pack here.
This is part of our not-for-profit Events Department, which aims to provide affordable support for upskilling. We Empower Families to have knowledge and thereafter the confidence with SEND and EHCP issues to advocate for their own children and young people.
Empowering Families of Children with SEND Ltd also provide fully bespoke 1:1 EHC Needs Assessment support with Anna & Sarah as part of their professional service, for details click here: Bespoke 1:1 support from Anna & Sarah
You can find testimonials to our bespoke services on our website and Facebook business page - here
We are, and always will, be Stronger Together.
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