Q:

My child, aged 14, is at private school, they have just been identified ASD and ADHD. Does an EHCP work in the same way in private schools?

advice private school EHCP IPSEA independant school
O T

O T
Family with ADHD, ASD, dyslexia
03 Mar 2022

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A: SenseCheck

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  • 08 Mar 2022

  • Other

    Complex

    Can't answer yes or no.:

    You or your child's school can request an EHC needs assessment in the same way as in a maintained school and, if they pass the criteria, the LA should conduct an assessment leading to the issue of an EHCP - if they don't, you can appeal. 

    If the local authority names your private school on the EHCP, then the local authority has a duty to deliver provision. This includes all the educational support set out under Section F of the EHCP and includes payment of school fees. However, if the local authority names another school on the EHCP, then it is effectively saying that it believes your child's needs can be met elsewhere and that you have chosen to send your child to a private school at your own cost. In this situation, the local authority is not required to provide support set out in the EHCP. You can appeal to the SEND Tribunal to have the named school changed on the EHCP if you feel it cannot meet your child's needs. 

    Laxmi Patel

    Laxmi Patel
    Boyes Turner Solicitors

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  • 3 Comments

  • 08 Mar 2022

  • Yes

    Simple

    Yes it does. The first step would be to request an EHC needs assessment from the council. You can do this yourself or can do it through the school

    Guv Samra

    Guv Samra
    Shoosmiths

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  • 2 Comments

  • 08 Mar 2022

  • No

    Simple

    IPSEA provides helpful advice on this. 

    Considering SEN law, IPSEA say "the Children and Families Act 2014 and the SEND Code of Practice do not apply to wholly independent schools, and so these duties do not apply to them. If your child attends an independent school and you pay the fees, the school is not legally required to identify SEN or provide support in the same way." In addition, if your child has an EHCP "and you chose to send your child to an independent school and pay for it yourself, then this is likely to count as 'making suitable alternative arrangements', and so the LA have no further duties towards your child in relation to their SEN." 

    In full here: My child attends an independent school and we pay the fees. Are children at independent settings entitled to support? 

    Rachel Amos

    Rachel Amos
    Support SEND Kids

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  • 1 Comment