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EHCP funding

Fizz55 October 18, 2019 11:35

Hello lovely people, Wondered if anyone could give me some advice.

My AD has had an EHCP with full time one-one support since she was in Reception year. This has been really good for her and she is coping reasonably well in mainstream.

She is now in year 3, and the council have recently introduced a new banding system for EHCP funding. They have given AD a new banding level which has dramatically cut her funding to just one hour of TA support a day. This is without any input from professionals, or from school, to say that she no longer needs 1-1.

The council have done this without any discussions with school, or without even telling us as parents. Is this even legal?!

We are now arranging an annual review and getting evidence together to show that she still needs support, but obviously this takes time (and money) and in the meantime AD is starting to flail and become very unhappy.

I know all councils are very strapped for cash, but I don’t understand how they can agree to give her 1-1 support one year and then decide she doesn’t need it the next, when her needs havent changed. (They also did this to my eldest AD last year and we had to fight to get the funding reinstated. Luckily, eventually, we got it back to its original level - if we hadn’t I think the council would have had to pay for her to go to a specialist school, which would have cost a lot more..).

Feeling fed up about having to go through this all again! Any ideas/thoughts? Many thanks x

Edited 17/02/2021
Bluemetro October 18, 2019 12:49

Hi Fizz55 sorry not to give you good news. We expected the school would get extra funding when our AS got an EHCP, but unfortunately it is up to the Authority and some chose to put this money into general SEN funds, so there are no extra funds for the EHCP. I did do a bit of searching to check this out and it did seem that authorities can chose how they spend this money.

However I think there is an SEN thing that may allow extra funding. Maybe someone else knows if this is correct.

Edited 17/02/2021
Beebo October 18, 2019 17:55

Hi

My son also has an EHCP, parts of which I have had to challenge, so I have picked up some knowledge along the way.

Much will depend on how the EHCP is worded. Does it specify that your child needs 1:1 support for a certain amount of hours ie 30? If so it is unlawful to remove this support without it having been formally changed at annual or other review, and the basis for the change being that your child no longer needs that level of support.

The EHCP is a legally binding document. The school MUST implement its provisions. It is not lawful to remove support just because of a change in the banding system. However if the EHCP is vague and the hours of 1:1 are not specified in the document, the reduction in support may be harder to challenge.

If EHCP is specific and the support is not being implemented, you need to write to LA and inform them that the school is not adhering to the EHCP (perhaps write to Head of SEN and Head of Children’s Services). Request an emergency annual review. Get as much support as you can in your position - from SENDIAS, your Virtual School, SENCO, post-adoption support, CAHMS, whoever you can.

I strongly advise you to join ‘EHCP professional parents’ on Facebook. There are some very knowledgeable people in the group who will offer prompt advice - some of them know the law inside out and will direct you to the relevant legislation and case law.

The IPSEA website is also fantastic at explaining the law and your rights.

It seems overwhelming at first but after a couple of months of research and seeking advice you will become an expert. Much of what the LA or school tell you will simply be wrong.

Good luck!

Edited 17/02/2021
Fizz55 October 18, 2019 18:36

Ah thank you so much, that is really, really helpful.

No, unfortunately the EHCP doesn’t specifically say that AD should have 30 hours 1-1, it just says ‘a member of staff should be reliably available to help her...’ which is a bit woolly, as I guess that could be interpreted as being the class teacher (although in reality there is no way a class teacher can always be available to my AD when she also has 29 other kids).

i will have a look at all those resources, thank you.

Seems such a shame that school are having to pay for all the professionals to rewrite their reports in order to change the LAs decision...

xx

Edited 17/02/2021
Safia October 19, 2019 07:46

In addition to what Beebo is saying - you can book a conference call with IPSEA - this can be done through their website but you need to be vigilant because when a slot comes up it is taken very quickly - I booked mine from work so had the site open all the time I was there to keep checking. They are excellent and can give you information on not just exactly what your legal position is but a clear plan for the way forward. They also sent me a lot of information by email afterwards (they ask for a brief outline of your queries by email before the call) The call lasts half an hour so you have to be prepared with everything you want to ask before you start

Edited 17/02/2021
Fizz55 October 19, 2019 09:10

That sounds fantastic, thank you, I will try to book a call x

Edited 17/02/2021

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