Q:
School cannot meet needs of child but do not yet have an EHCP - what happens next?
Our son (6) is in a wonderful mainstream school. He has a diagnosis of a rare genetic condition that is linked with behavioural issues and/or learning disabilities. He clearly has severe behavioural issues but no formal assessment yet. The school have done everything they can to support him including almost full time 1-2-1 support. We were just about to start the EHCP process but his behaviour has deteriorated massively the last month. He is increasingly violent towards other children and adults, including his support person. He is spending 90% of his time outside the classroom. He has now begun trying to escape the building and has almost managed on a few occasions. He is now a health and safety risk for himself and others.
The school tell me they have run out of options and can no longer manage him with their current resources. We are having an educational phychologist assessment on Thursday but clearly we can’t wait a year or more for the EHCP process to run its course. Sorry for the long winded context but my basic question is, in situations like this is there any sort of emergency support or is an EHCP expedited? He’s a danger to himself and others in the present situation. There is a specialist school nearby but I’m unclear if we can approach them without an EHCP. Any advice on what to ask/push for/ do would be really appreciated.
A: SenseCheck
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- 21 Apr 2024
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Other
Simple
Too fact specific, I can't generalise.:
Ms Harding,
I was sorry to read about this challenging situation, but it appears that you are effectively collaborating with the mainstream school you son attends.
It's crucial that either you or the school initiates the process of applying for an Education, Health and Care (EHC) needs assessment. I recommend taking this step as soon as possible, ideally tomorrow, if it hasn't already been done.
You can find more information about the assessment procedure here:
Here's a summary of the of the above taken from a recent case: R (W) v Hertfordshire County Council [2023] EWHC 3138 (Admin) - paragraph 3- which I think is helpful:
Before making any decision, the local authority is required to consult with the parents, as outlined in section 36(4). Consequently, upon receiving a request, the local authority must consider whether the child "may" have special educational needs. This threshold is quite low and will be met if there's any realistic possibility that, following an assessment, the child may require special educational provision, as established in R v Bristol CC v Penfold [1998] COD 210, (1998) 1 CCL Rep 315.
https://www.bailii.org/ew/cases/EWHC/Admin/2023/3138.html
Regardless of how challenging the situation may become, the LA must provide your son (assuming he's of compulsory school age) with a suitable education (s19 Education Act 1996). As a side note, there aren't many restrictions on the LA to fulfil this obligation, the principle is the LA isn't restricted if they are acting lawfully and for a lawful purpose.
Regarding approaching the nearby special school, I don't foresee any issues with that, but that is not the same as securing a place for your son at the school if that is what you want.
One potential solution could be that, if it's agreed that your son should undergo an EHC needs assessment – and based on what you've said, it seems reasonable to assume it would be – he could be offered an assessment placement at the school subject to agreement. While this isn’t typical, it is certainly possible.
I trust this is helpful and I look forward to reading any other contributions. If it is helpful, can you please click the thumbs up button?
Best wishes,
Sean Kennedy.
Sean Kennedy
Talem Law
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