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Learn how the law supports mainstream education for SEND children, and how to evidence when a special school or alternative provision is truly needed. Most age-appropriate children will have, or will have had, the opportunity to attend a mainstream school. After all, this is their legal right – Children and Families Act 2014, section 34(2) ‘The child or young person must be educated in a maintained nursery school, mainstream school or mainstream post 16 institution.’ Along with Children and Families Act 2014, section 33 (2) ‘The Local Authority must secure that the plan provides for the child or young person to be educated in a maintained nursery school, mainstream school or mainstream post 16 institution unless that is incompatible with: the wishes of the child's parent or the young person, or provision of efficient education for others.’ We then have The Education Act 1996 that states ‘in exercising or performing their respective powers and duties under the Education Acts, the Secretary of State and local authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient education and training, and the avoidance of unreasonable public expenditure.’ The Local Authority is not ‘obliged’ to agree with parental choice. As the man once said ‘I’m a professional cynic, but my hearts not in it’ – you would have to be a very trusting person if you believe that your LA is going to take anything that you say with anything other than a pinch of salt. Local Authorities must consider both suitability and cost when identifying placements. The bottom line is that mainstream is going to be the first place the LA considers because it’s the one that is available, by law to everyone. Under the UN Convention on the Rights of the Child CRC, which the UK ratified in 1991, ‘all children have the right to an education’, and combined with the above - UK SEND law starts from a presumption that children should be educated in mainstream settings unless one of the statutory exceptions applies. The school must agree to be able to provide all of Section F, so if they say they can – and are able to evidence this… Whilst we all know that not every child is suited to a mainstream education, the law remains and if we do not agree, we will have to prove otherwise. Is mainstream education always inappropriate for a child/young person with Special Educational Needs and Disability? You applied for an EHC NA, because mainstream was not working, the Best Endeavours’ Duty was not enough to meet the needs of your child. The issue you now have is that whilst you know that mainstream without an EHCP was inappropriate, how do you know that mainstream with an EHCP will not be able to meet your child's needs? After all, you applied because you knew your child needed additional support. They now have this, so maybe this is all the extra they needed… Unless your section F is so highly detailed and specific, and is highlighting that a special/specialist/EOTAS is the only possible placement, it can be difficult to tell if the EHCP will not be able to support your child to continue with their mainstream education. For many children and young people, the identification of their needs and the delivery of the provision that they require will enable them to thrive in mainstream. A young child who has managed in a mainstream Nursery or pre-school will invariably manage a mainstream Reception class. The expectations, curriculum and routine will be very similar, and also very familiar. It is often a different scenario at Year 2 onwards, so changes will be a consideration at Annual Review – but this isn’t always for a change of placement type. A similar scenario applies at Post 16, if your child has managed throughout compulsory school age in mainstream, and has achieved mainstream qualifications, you will need significant evidence to state that a specialist Sixth Form or FE college is the only suitable option. Unfortunately, in practice, families often find that they need evidence demonstrating why a proposed mainstream placement is unable to meet needs. For many, until you can evidence this, mainstream will be the school that your child attends. We see and hear from many people who find this a devastating reality, the previous experiences that they have had in mainstream lead them to believe that this type of school can never and will never be appropriate for their child. This is not helped by a Top Trumps mindset perpetrated on Social Media that mainstream equals a failure for all at EHCP Final. For some children this is without a doubt true. For some, mainstream will always be inappropriate and, potentially damaging. Some, not all. We must remember that the EHCP is providing that extra that was not there beforehand, and there is potential for this to work in mainstream. It's always about the provision in F, to meet the need in B. Mainstream may not be working because the EHCP is inefficiently evidenced, and poorly worded. This then means that interventions won’t be specific, and may never be implemented, and additional support non-existent. All children ‘access 1:1’ at school – receiving a consistent and dedicated 1:1 for a specific length of time and frequency, is another thing altogether. There are many other factors at play, alongside the evidence and wording. It's also about the mindset of the school, their willingness to support a child with additional needs, and it's also about you… If you believe that mainstream will not work, but have no evidence to prove otherwise, this has the potential to impact greatly, on all involved. This includes your child and those supporting and educating your child in the mainstream setting. We know that this is a strong statement to make, so let's have a look at why this is the case. If you have no evidence to prove that a mainstream setting is not right for your child, you’ll have to prove otherwise. Yes you can go to appeal, but you still need evidence. A Judge will only rule on what is put before them. Children pick up on our conversations, if they hear you say that they won’t manage, this will then become their own belief. If you don’t trust the school, then it’s not a giant step forward for the child to pick this up. Now this may well be true, you may not think this is the right school, but you should consider whether letting your child hear this is beneficial to them, or detrimental. If this was you going into a new job and everyone around you was telling you that you won’t manage, that no one will help or understand you – how would you feel on your first day – assuming you didn’t decide to stay at home and just not go. “Emotionally Based Work Avoidance”: you can choose not to go to work, your child has to go to school, or at the very least must receive an education. The term evidencing failure is not one that is pleasant to use, but it's sadly true. And we could flip this, evidencing success must also be something we take into consideration. That little bit of extra help provided in an EHCP (one that is not appropriate for special, specialist or specialist independent school) may very well be enough to ensure your child's needs are met. With each year, and with each Annual Review you build up on this, making it both need and age appropriate as your child's educational journey continues. In a Special school, every single child will have additional needs. The staff will be sharing their expertise amongst all the children. Yes, you may have smaller class sizes, yes you may have a higher adult to child ratio, but every single child will have their own challenges. In a mainstream school, it may just be your child in their class who has an EHCP. Their needs have been identified, and there is an obligation by law that the school in section I must be able to meet all provision in Section F. Whilst the EHCP is the responsibility of the local authority, it's the staff and teachers in your child's class, along with the school SENDCo who will be carrying this out day-to-day. Ensuring that your section F is stating the training and experience, of any individualised (1:1) support via a key worker, along with the length and frequency of support and that this is ‘throughout the whole school day’, can mean that your child is potentially getting a higher degree of individualised support than they would do in a Special school, with twelve children all with additional needs. Then there also are those children who require a mainstream cohort to model age-appropriate interaction and communication. We see this for children with Down’s Syndrome, with many parents requesting a mainstream placement, but with a highly differentiated curriculum, and additional support from TAs who have received specialist training. It is always important to work collaboratively, if you can, with schools. A collaborative approach with teaching staff /SENDCos closely monitoring your child's achievement. Tracking and establishing whether attainment gaps are closing, identifying progress or the lack of despite additional support is imperative. This is of course important for all children, but if you believe that your mainstream school is unable to meet need even with an EHCP it's important that this is recorded and documented. With your mainstream school placement staff supporting this, along with the provision of additional professional evidence from an Educational Psychologist and/or Occupational Therapist, for example you will have an increased chance of achieving a different type of school. You will be able to do so following Annual Review, and/or Phase transition Annual Review. This will not just be the ‘parental preference’, but lived experience with the evidence to prove that this school and type of school cannot meet need. From here you have choices, again based upon the degree of need. You may be looking for a Resource Base (mainstream in Section I, and the length and frequency in F), a Special or Specialist School. This will always be as a result of professional evidence, for B and F. Parents should carefully consider all suitable placement options and ensure that any requested placement is supported by evidence of need. If you are allocated a mainstream, and you have, as yet, no evidence to state that this is not the correct placement for your child, this is not a ‘failure’. You have an EHCP. This can and must be amended at Annual Review, and you do have the right of appeal. The EHCP is anticipatory, and ambitious. Whichever placement you are allocated will be subject to change, depending upon the future path that your child treads, in their own unique way. Appeals are not always the next destination; it can be as much about the journey as the destination. Giving a placement your best shot can be the best supporting evidence to that of your professionals. For more information on schools, how to find a school and questions to ask SENDCos see our YouTube video and blog If you have any questions come and find us on our Facebook Group, we are always available to provide professional support there. For more information about how Empowering Families can help you email admin@empoweringSENDfamilies.co.uk And book a meeting with us 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

Following an EHC needs assessment, or after an Annual Review, your Local Authority (LA) will finalise an EHCP naming your child’s school placement in Section I. This blog will explain your options if you are not happy with the school that is named. It is worth noting that overall, most parents who appeal to SENDIST (Tribunal) find that SENDIST rule in their favour. What are My Options: If you are not happy with the contents of Section B (needs) and Section F (provision) in your child's EHCP, you can: Accept the school placement named in the final plan and work with the school to meet your child's needs. Request Mediation to discuss this decision with the LA and ask them to reconsider. (It is worth noting that mediation meetings for school placement are rarely successful.) Appeal to SENDIST (Tribunal). This webinar event will help you to understand your options if you are not happy with the school named in your child's final EHCP and provide a full resource pack to support you in appeal. Help! I'm not happy with the school named on the EHCP Accepting The Decision The LA has a legal duty to ensure that all provision in your child's EHCP is provided. Meet with your child's SENDCo to discuss the provision they can offer. If you are not satisfied that they can provide all of the provisions in Section F of the EHCP, it is worth making a formal complaint to the LA to force them to make the provision. This blog will help you to do this Enforcing Your EHCP If you are not happy that the school are willing or able to make appropriate provision for your child, consider requesting Mediation or going to appeal. 2. Using Mediation You have a right to request Mediation within 2 months of the date on the letter from the LA sent with your final EHCP. To request, ring the number on the LA letter and ask them to arrange Mediation. Mediation is an informal way of trying to settle the dispute between you and the LA. There is no financial cost, and an independent mediator will support you and the LA to discuss your child's case and review the decision the LA made. It is worth noting that the rates of success for changing the school named in an EHCP through Mediation are very low, so you may want to consider skipping this stage and lodging an appeal. If you are not happy with the school named in your child's EHCP, it is extremely likely that there are deficits in the wording and identification of needs and provisions in Sections B and F of the plan. To identify these, you will need to conduct a thorough review of your child's EHCP or have this done professionally. These webinars and extensive support packs will support you to identify all the necessary improvements to Sections B and F of your EHCP - Draft EHCP/Final EHCP Checking Session 1 Draft EHCP/Final EHCP Checking Session 2 You will be issued with a mediation certificate at the end of Mediation. If the LA refuse to make the changes necessary to your child's EHCP, you have one month from the date of the mediation certificate to submit an appeal to SENDIST. You can also request changes to Sections B & F (Needs and Provision), C, D, G & H (the Health and Social Care Sections) and Section A (Parent and Child's Section) of your EHCP at Mediation. 3. Appealing To SENDIST You can go straight to appeal as soon as your LA finalise your EHCP, or after attending Mediation. You do not have to go to Mediation first, but you do have to consider using Mediation. If you consider it and decide that you do not want to mediate, but lodge an appeal immediately, you will still need a mediation certificate. To obtain one, ring the mediation company, explain that you do not want to use Mediation and ask them to issue a certificate straight away. As soon as you get the certificate, you can lodge your appeal. You have two months from the date on the letter from the LA, or one month from the date of the mediation certificate – whichever is longer. During your appeal, you will need to prepare your case. If you have not already done so for Mediation, you need to identify all the deficits in the wording and identification of needs and provisions in Sections B and F of your EHCP. To do this, you will need to conduct a thorough review of your child's EHCP or have this done professionally. These webinars and extensive support packs will support you to identify all the necessary improvements to Sections B and F of your EHCP - Draft EHCP/Final EHCP Checking Session 1 Draft EHCP/Final EHCP Checking Session 2 Submit your appeal by completing a SEND35 form, which can be found here. Send it with the following: The LA letter that came with the final EHCP Your mediation certificate. Any evidence. You can also request that SENDIST advise on Sections C, D, G & H (the Health and Social Care Sections) through as part of a Tribunal appeal. The Webinar Event already signposted in this blog will provide a full package of support for parents to prepare for challenging the school named in their child's EHCP. In the easy-to-follow webinar, Anna and Sarah guide you through the process step by step, providing scenarios, examples, and detailed explanations of each part. The accompanying support package provides you with timelines, examples, resources, and 'fill in the blank' templates to make the appeal process as straightforward as possible. Find the Webinar Event and resource pack here- Help! I'm not happy with the school named on the EHCP. This is part of our Events Department, which aims to provide affordable support for upskilling and professional development. We Empower Families to have the knowledge and, thereafter, the confidence with SEND and EHCP issues to advocate for their own children and young people. School Consultations During and Appeal and What Happens if My Preferred School Says It Is Full? When parents appeal to the SEND Tribunal about the school named in Section I of an EHCP, the Local Authority must usually consult the parents' preferred school or setting. It is important to understand that a school simply being "full" does not automatically mean it can refuse a child with an EHCP. During an appeal, the Tribunal will consider whether the school is suitable for the child's age, ability, aptitude and special educational needs, and whether admitting the child would be incompatible with the efficient education of others or the efficient use of resources. The school and Local Authority will normally be asked to provide evidence to support their position. If a school argues that it is full, it should explain why admitting an additional pupil would cause significant difficulties that could not reasonably be addressed. Parents can provide their own evidence about why the placement is appropriate and how the school could meet their child's needs. The Tribunal will then make an independent decision based on all of the evidence, and in some cases, it can order a school to be named in an EHCP even where there are no current places available. So, where do I go from here? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk And book a meeting with us 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.

It is not unusual for Local Authorities to conduct an EHC Needs Assessment and then refuse to issue an EHCP. A significant majority of these refusals are because the LA has either not applied the legal test, but instead used internal policy to refuse to issue the EHCP, or has not conducted a thorough assessment in the first place. This is not legal, and when challenged, it is possible to get the decision not to issue an EHCP overturned. The legal test for whether the LA must issue an EHCP following a needs assessment can be found in section 37(1) of the CFA 2014, and says: Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan – (a) the local authority must secure that an EHC plan is prepared for the child or young person, and (b) once an EHC plan has been prepared, it must maintain the plan. This means that your LA must decide whether the evidence gathered during the EHC needs assessment shows that it is “necessary” for your child or young person to have an EHC plan. Overall, 98% of parents' appeals to SENDIST (Tribunal) find that SENDIST rule in their favour. If your Local Authority (LA) refuses to issue an EHCP for your child following an EHC Needs Assessment, you should challenge this decision. What are My Options: If your LA refuses to issue an EHCP following a needs assessment for your child, you can: Accept the decision and work with the school to meet your child’s needs through their existing resources. Request mediation to discuss this decision with the LA and ask them to reconsider. Appeal to SENDIST (Tribunal). 1. Accepting the Decision Review this information about the support and provision that a school should be providing for children with SEND who do not have an EHCP. Familiarise yourself with the key duties that a school has to provide for children with SEND particularly: The ‘Best Endeavours Duty’ Disability Discrimination and The Equality Act 2010 Meet with your child’s SENDCo and discuss the decision. Talk to them about what additional resources they can provide for your child. Review any professional advice from the EHC Needs Assessment and work with the school to ensure that it is provided by your child’s school. The LA have said that the school can meet all of your child’s identified needs, so they should be doing just that. If they can’t, they should provide you with written evidence of what they cannot provide and why. This can then be used to appeal the LA’s decision. Discuss how they are meeting their legal duties under SEN Support, Best Endeavours and the Equality Act 2010. If you are not happy that the school are willing or able to make appropriate provision for your child from within their own resources, then consider requesting mediation or going to appeal. (See below.) 2. Using Mediation You have a right to request mediation within 2 months of the date on the letter from the LA refusing the EHCNA. To request, ring the number on the LA letter and ask them to arrange mediation. Mediation is an informal way of trying to settle the dispute between you and the LA. There is no financial cost, and an independent mediator will support you and the LA to discuss your child’s case and review the decision they made. Our Webinar will support you to prepare for mediation by: Explaining how to present your case in line with the legal requirements. Helping you gather and format the appropriate evidence. Supporting you in drafting a written report. Before attending mediation for refusal to issue an EHCP following a needs assessment, you need to prepare your case. You will be issued with a mediation certificate at the end of mediation. If the LA refuse to change their decision, you have one month from the date of the mediation certificate to submit an appeal to SENDIST. 3. Appealing to SENDIST You can go straight to appeal as soon as your LA refuse to issue an EHCP. You do not have to go to mediation first, but you do have to consider using mediation. If you consider it and decide that you do not want to mediate, but lodge an appeal immediately, you will still need a mediation certificate. To obtain one, ring the mediation company, explain that you do not want to use mediation and ask them to issue a certificate straight away. As soon as you get the certificate, you can lodge your appeal. You have two months from the date on the letter from the LA refusing the assessment, or one month from the date of the mediation certificate – whichever is longer. Our Webinar will support your appeal by: Explaining how to present your case in line with the legal requirements. Helping you gather and format the appropriate evidence. Supporting you in drafting a written report. Submit your appeal by completing a SEND35 form SEND35 - Application for appeal - Child or young person (publishing.service.gov.uk) Send it with the following: The LA letter refusing to issue an EHCP. Your mediation certificate. Any evidence. It will take a few weeks to hear back from Tribunal but when you do, they will send Case Directions, which include lots of information and all the key dates. Read this carefully and diarise the key dates. It is important that you do not miss these. Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us 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.

This article explains why it's imperative to check your EHCP, when you must be doing this, and how. So, what is an EHCP? An EHCP is a freestanding legal document that describes your child's needs (difficulties) and how these must be provided for in their educational placement. The EHCP will remain with your child until they are 25, provided they continue to engage in education. (It will cease should your child leave education or begin Level 4 study.) This is a long time. If your EHCP is not fit for purpose, your child/Young Person (YP) will be at a serious disadvantage because they will not receive the support that they need. The EHCP contains many Sections: A – The parent and child's views B – The child or young person's Special Educational Needs (difficulties) – a legal section C – The child or YPs health care needs (difficulties) which relate to their SEN D – The child or YPs social care needs (difficulties) which relate to their Special Educational Needs or Disability E – The Outcomes that are wished for the child/YP F – The provision that is required for the child or YP - a legal section G – The health care provision that is reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs H – 1 Any social care provision which must be made for the child or young person as a result of section 2 of the Chronically Sick and Disabled Persons Act 1970 F 10 H – 2 Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs I – The name of the school, maintained nursery school, post-16 institution, or other institution to be attended by the child or young person, and the type of institution, or where the name of a school or other institution is not specified in the EHC Plan the type of school or other institution to be attended by the young person – a legal section J – Where any SEP is to be secured by a Personal Budget or Direct Payment Only B, F and I are legally enforceable, with a right of appeal section 51 (2) (c) Children and Families Act 2014 What should the EHCP contain? An EHCP must specify all of a child's special educational needs in Section B (section 37(2)(a) of the Children and Families Act (CFA) 2014 and Regulation 12(1)(b) of The Special Educational Needs and Disability Regulations 2014 (The SEND Regulations 2014) and all of the special educational provision required to meet these needs in Section F (section 37(2)(c) CFA 2014 and SEND Regulation 12(1)(f)). Provision must be made for each and every need SEND Code of Practice 2015 9.69 (f), and if a need isn't in Section B, it doesn't exist; if it doesn't exist, then there's no provision required, if the provision isn't required the school won't have to provide it – can you see where this is heading? What about the wording? Do not be lulled into the false security that a long narrative EHCP contains the correct information. It's all about the wording, choice of wording, and, most importantly, what has been conveniently omitted. And if your Section F contains woolly words and phrases, it will be impossible to enforce the provision in the plan. See our blogs for more help on wording and enforceability: woolly wording - here enforcing an EHCP - here What should I do? You need to check your EHCP carefully for woolly words and for omitted needs (in Section B) and provision (in Section F). When you have a draft EHCP following an EHC needs assessment or annual review and have 15 days to respond to your LA. If you are planning to appeal and need to identify the deficits in your child's EHCP. If you have an Annual Review coming up and want to know what changes are needed to your child's EHCP. These webinars will help you to do this: Checking your EHCP 1 Checking your EHCP 2 If you need more support or do not feel confident checking your child's EHCP we provide a bespoke EHCP & Draft EHCP checking service. Find out more details here If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email EHCPchecks@empoweringSENDfamilies.co.uk And book a meeting with us 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.

Are the abbreviations, acronyms, and terminology used in SEND (there goes another!) driving you to distraction and back again? Do not despair we will rescue you from this world of unknowns and unrecognisable language. Put the kettle on, we could be here for some time... As the song says, ‘let's start at the very beginning, as it's a very good place to start’, lets dive in: SEND – Special Educational Needs and Disability SEP – Special Educational Provision IHCP – Individual Health Care Plan, for children and young people with a continuing health condition, documenting all Healthcare professionals involved, medical assistance and how to provide this, the location of medical/medication and procedures Statement of Special Educational Needs – the historical name for EHCPs EHCP – Education Health and Care Plan SENDCo – Special Educational Needs and Disabilities Coordinator SLT – Senior Leadership Team (schools) TA – Teaching Assistant INA – Individual Needs Assistant LSA – Learning Support Assistant HLTA – Higher Level Teaching Assistant ELSA – Emotional Literacy Assistant SALT – Speech and Language Therapist OT – Occupational Therapist PT – Physiotherapist EP – Educational Psychologist TEACCH Approach – Treatment and Education of Autistic and Related Communication Handicapped Children AR – Annual Review RTA – Refusal to Assess for an EHCP RTI – Refusal to Issue an EHCP DBS – Disclosure and Barring Service, a check on an individual's criminal record and suitability to work with children and vulnerable people How are you feeling, ready for a few more? Let’s go... LA – Local Authority – this will be who you pay your council tax to Director of Children’s Services – the most senior member of staff overseeing SEND at your LA Case Officer (CO)/Case Worker (CW) – admin who takes oversight of your child/young person's EHCP APO – Assessment and Planning Officer as above – a case worker under a different name, doing the same job – fancier title! EWO – Education Welfare Officer Local Offer – LAs must publish on their website detailed information regarding the educational, health and social care services for SEND children and young people in the area ICB – Integrated Care Board PR – Parental Responsibility – Section 3 (1) Children Act 1989 TAF/TAC – Team Around the Family/Child MASH – Multi Agency Safeguarding Hub I’ve more fun and exciting ones coming up – if you are still with me, ready, set, go... EHE – Elective Home Education EOTAS/EOTIS – Education Other Than At (or In) School (or College/FE) AP – Alternative Provision PRU – Pupil Referral Unit Section 41 Schools – Independent Schools, approved by the Secretary of State for Education which parents have a right to request to be named in Section I of an EHCP under Section 41 Children and Families Act 2014 PB – Personal Budget – the amount of funding identified by the LA to secure a particular provision with a view to this being secured by the parent or young person (CFA 2014 s49) DP – Direct Payment as part of a Personal Budget PfA - Preparation for Adulthood CFA 2014 – Children and Families Act 2014, this legislation underpins all SEND law in England CofP (COPP/CoP) – The Special Educational Needs and Disabilities Code of Practice 2015 EA 1996 – Education Act 1996, the SEND aspects are mostly covered by the CFA 2014, but it is still relevant for elements such as transport Regs 2014 – Special Educational Needs and Disability Regulations 2014 LGSO – Local Government and Social Care Ombudsman, a means of investigating (for free) any complaints regarding the LA (not a school) FTT – First Tier Tribunal, the court type body where appeals are heard in relation to EHCP’s, also known as SENDIST or Tribunal UTT – Upper Tier Tribunal where valid appeals from FTT are heard – the High Court JR – Judicial Review, a legal process where a public body’s decisions can be challenged, this is a last resort and will require legal representation – High Court Action DfE – Department for Education We’re on the home straight, the next list is not exhaustive, but very relevant to many... PMLD – Profund Multiple Learning Difficulties (Department of Education 2015) Classified as a Learning Disability SLD – Severe Learning Difficulties (Department of Education and Skills 2003) Classified as a Learning Disability MLD – Moderate Learning Difficulties (Department of Education and Skills 2003) Classified as a Learning Disability SpLD – Specific Learning Difficulties (Department of Education and Skills 2003) Classified as a Learning Difficulty VI – Visual Impairment HI – Hearing Impairment MSI – Multi-Sensory Impairment PD – Physical Disability SLCN – Speech Language and Communication Need ASD/ASC – Autism Spectrum Disorder/Condition ADHD – Attention Deficit (Hyperactivity) Disorder FASD – Foetal Alcohol Spectrum Disorder GDD – Global Developmental Delay ODD – Oppositional Defiant Disorder PDA – Pathological Demand Avoidance EBSA – Emotionally Based School Avoidance Needless to say, this list is not exhaustive, and if we have missed something essential, please do let us know – our Facebook Group is a great place to talk directly to us. Any that we have omitted have not been omitted intentionally and we apologise if this has caused upset or distress to anyone. The world of SEND and EHCPs is a tricky one to navigate alone, and we at Empowering Families of Children with SEND can help you to do this. Here is some more especially important terminology that we believe is critical to ensure that you and your family are in safe hands – please check out that any advocate you plan to use has all of the following in place: We are all DBS checked – Anna and Sarah have Enhanced DBS We have full Employers Liability Insurance We have full business insurance, including Professional Indemnity We are registered with the Information Commissioners Office (ICO) for full Data Protection We are a Disability Confident Committed Employer We have received nominations for The National Diversity Awards twice (once for each year our business) All our recommendations and testimonials on our website and business pages are fully traceable . Where do I go from here and how can Empowering Families of Children with SEND help me? We offer a collection of webinar events which provide a full package of support for families to support them to successfully manage key stages of the SEND/EHCP journey. In the easy-to-follow webinars, Anna and Sarah talk you through, step by step, giving scenarios, examples and detailed explanations of each process. The accompanying support packages give you timelines, example reports and resources, and ‘fill in the blank’ templates to make the process as uncomplicated as possible. Find our full webinar library here. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us 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.

This article talks about the SEND difficulties we all face when talking about our children and young people, and how we can come up against the judgements of others. It may be controversial to some, triggering to others – and extremely pertinent to many. It’s a personal opinion, so if it’s not one you share that’s perfectly fine – who am I to judge…? So, what is the problem? This can be summed up as our child’s SEND and talking about this is not necessarily a problem, for us, but it can be for many of those individuals outside of our immediate nuclear family. This includes some members of our extended families, our social groups and friends, work colleagues and employers. However, although those outside of our immediate family may be very forthcoming with their own ‘advice and opinions’, many parents and families of children and young people with SEND feel that they are judged further by challenging these opinions and unsolicited advice. But ‘we are only trying to help’, we are told – and the guilt washes over us, as if we don’t have enough of this already, due to the perceived expectations that we should/could/must have all the answers. We have upset them, because we have challenged the ‘advice’. Even reading this blog will make some people feel that the judged are now doing the judging, so let’s look at this too. I read in the paper/I once knew someone/have you tried this: diet/supplement/mindfulness... The saying ‘don’t take criticism from someone you would never go to for advice’ is a good benchmark. Here are some ‘words of wisdom’ we have, as a Team heard along our respective journeys – you may well have heard these too. We are all on the spectrum somewhere. Back in my day, we would have been told we were just a bit ‘shy’. You should make him sit still, he’s just pushing the boundaries, he just needs a firm hand. I wouldn’t worry too much, Dyslexia is just getting your B’s and D’s round the wrong way. Being in a wheelchair won’t stop you, just look at the para-Olympics, and what they can do – and they are in wheelchairs. You’ll get a Blue Badge! Never forgetting ‘she’ll be okay when she starts school’. Why do people say these things? Often, it’s because people feel helpless and that saying something ‘positive’ will be gladly received. Myths are everywhere, provide intriguing stories on a poor news day, are divisive and so trigger debate, and eventually become ‘fact’. Challenging these is often an ask too much, so we just ‘smile and wave boys, smile and wave’. Mostly, it’s just not worth the energy. Until … Someone asks us about our children, and can we explain? So, once we have asked for clarification that they really want to know, and that they genuinely aren’t going to suggest a ‘miracle cure’ akin to the Weird Sisters spell, we desperately search for ways to explain how amazing our children are, along with just how b***dy hard life can be for them, and us (and yes, it’s often a fine line to walk between despair and delight as a parent of a SEND child). But how do we do this, without falling into the laps of those who justify their response with ‘poor you’? We don’t want a pity party, we need understanding, our children and young people need support. Firstly though, it’s about getting those outside looking in, to step in, take the lead role – the role our children and young people play each and every day. So: You’re in a nightmare, that one where you need to use your phone to call for help, but the number won’t go in. You look at the contacts list, it looks more like hieroglyphics. You know how to use a phone, why don’t these ‘words’ make sense? The panic is increasing, you need help, but the phone just won’t make that call. The numbers and words are all unintelligible. The phone then needs a pin number, but you can’t remember it, someone is shouting at you to just call someone. You wake up, thank all mankind that this was ‘just a dream’ – imagine if words, numbers, memory and sequences were like this. Just like a bad advert would say ‘only they are, if you are living the life of a dyslexic’ – ‘so it’s not all about just getting your B’s and D’s round wrong way then?’ You’ve had an accident, nothing life changing thank goodness, but what’s this? You need support for your mobility? Wheelchair race anyone? Wheelchair rugby then? A marathon? How dare anyone suggest such a thing, I was utter pigs’ poo at all sport before the accident, had zero interest in sport so why now? Anyway, pushing this 15 stone body around town is exhausting enough, and shop doors are impossible, there’s no ramps anywhere and people ask the person who is helping me if I’d like a cup of tea or coffee, and others appear to give me a wide berth as if they are going to catch something. So, you don’t want to be an Olympic standard sportsperson then? This meeting is going on and on, you’ve been sat in the stuffy office all day, someone clearly enjoyed beans for breakfast, and the ‘backdraft’ is wafting past, the light in the corridor is flickering – again, how many times has this been reported to maintenance? The fan in the corner is catching the cord of the blinds every two turns it makes, you’re trying not to count this, but you can’t help it. You could actually do with a wee, even though you’ve been twice already. Why did you wear this top, it’s really itchy and this roll neck is strangling you now. Are you hot? Possibly? You are desperately trying not to tap your pencil on the edge of the table, and biting your newly polished nails will be a waste of £40 having them done. So you twiddle your hair, and try not to look like this is a flirty move. Hang on, the MD is asking your opinion on the results he’s just been discussing, what was he talking about? You would enforce the boundaries of sitting still and listening? It's all good, look at you, such a role model, you get on with everything you are asked, people really like you – even if they say that ‘they don’t really know’ you, ‘he usually goes out at lunchtimes, takes some time out with a book, keeps himself to himself, but a lovely chap none the less’. No one knows that you are desperately lonely, long for friends but the crushing anxiety surrounding being social and what to do/say means that you are on medication for depression – but also can’t tell anyone this so not just a bit shy then? All day you’ve been trying to tell people that you’ve found this great new show on television, you’ve been watching it back-to-back, who doesn’t love everything about castles? You did manage to raise some interest, but not long enough to really tell people – if they would only give you a minute more, they wouldn’t want to watch anything else. ‘What do you mean, you want to watch something else tonight, this was something we were enjoying, no, I don’t agree, I think this is really unfair. Why won’t this bloody lid come off this jar, nothing is working in this house $***%## it, $***%## the lot of you. Leave me alone’. Everyone is a bit on the spectrum, somewhere? And as for Blue Badges and being alright when your child gets to school, that one can be parked right here, and be told ‘well you don’t look disabled’… Okay, so this may be a tad flippant, and yes having SEND is so much more than this – so we must tell people. Be brutal, if necessary, all the blood, sweat and tears. And then, and then, shout it from the rooftops, ‘despite all of this my child is amazing, brave, beautiful, funny, rude, annoying, loving, smelly, unique in every way – just the same as yours is – having Special Educational Needs and Disabilities does not mean that they do not have the same wonderful qualities as a child without SEND. However, they deal with more than they should – more than they can often manage, more than we can often manage, but we do – so please keep that advice to yourselves – unless we ask for it. And please, just think of all that is going on behind the scenes, behind the masks, because we too are just like you, and just want to be mummy and daddy, without all the answers, just getting by the best way we can. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us 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.

What could be the reasons for your child’s attendance difficulties? As parents it’s our job, at least initially, to try and unpick the many possible reasons our child or young person is unable to attend their educational placement. There can be many contributing factors, and these must not be looked at in isolation. Difficulties with attendance are often complex and interweave over more than one area of challenge. Attendance difficulties can build over time, and can include one or more of the following factors: Long term/Chronic medical conditions Social Interaction and peer relationship difficulties Difficulties arising from Special Educational Needs and Disabilities (SEND) – and how effectively SEND is being supported Poor mental health, for example: Anxiety, Depression, Emotionally Based School Avoidance -EBSA, Disordered Eating, Self-harming tendencies Attachment and Trauma responses arising from historical experiences both in and out of education Difficulties with reengagement following behaviour based sanctions and school exclusion Academic stress, for example upcoming exams or struggling with work expectations in the classroom, and perfectionist tendencies Attainment gaps arising from a combination of the above, with the child/young person highly aware that they are performing at a lower level than their peer group. Self-esteem difficulties then arise, additionally impacting upon each challenge. The above gives examples – many of which our Facebook Community has shared with us, and is by no means exhaustive. What is EBSA? EBSA stands for Emotionally Based School Avoidance. EBSA is a term that refers to children and young people who are experiencing significant challenges in attendance at their educational placement. These challenges can often result in prolonged absence from education. Children and young people often show a variety of signs that may indicate they are struggling with EBSA which may include, not purely in isolation but also in combination: Increasing anxiety in the last weeks/days of school holidays Increased anxiety on Sunday afternoons, into the evening with sleep difficulties Separation anxiety, which increases in severity Changes in behaviour and/or mood displaying signs of anger, irritability, tearfulness, regressive behaviours and speech patterns – especially when education is mentioned Poor and/or a decrease in academic attainment and previously expected progress Children and young people may also have frequent minor illnesses such as headaches, stomach aches, earaches etc Masking behaviour So, what should I do as a parent, to support my child/young person? Where attendance difficulties appear linked to unmet SEND needs and the provision required may be beyond that ordinarily available through SEN Support, parents should consider requesting an EHC Needs Assessment. Where an EHCP is issued, the provision contained within Section F becomes legally enforceable. Our Blogs, Webinars, and YouTube channel provide extensive libraries of SEND resources and will support you to navigate through all EHCP processes, from EHC NA, to Post 19 onwards. If your child or young person does not have an EHC Plan, but they have SEND. Our What SEN Support Should a School Provide for My Child? Blog explains the support your child or young person with SEND should be receiving. If your child or young person has an EHC Plan it’s time to check their EHCP, is it up to date? Is their EHC plan fit for purpose? Does it accurately reflect their needs (Section B)? Are the provisions (Section F) in place fully supportive of each need identified in section B? Are all provisions being delivered? If you answered no to any of these questions it may be time to call an Urgent Review. You can use our resources to support you with this process. Click here to watch our YouTube video where Anna and Sarah discuss Attendance Difficulties, and the steps you must take to support your child, and who is responsible for supporting you through this difficult time – including information on fines for Non-School Attendance. Begin researching Alternative Provision providers. This information will be available via the Local Offer on your LA’s website. Book an urgent meeting with your child/young person’s SENDCo. Alongside this you must also contact your LA. Local Authorities have duties under Section 19 Education Act 1996 to arrange suitable education for children who cannot attend school because of illness, exclusion or other reasons, where suitable education is not otherwise available regardless of whether they have an EHCP or not. (See Section 19 of the Education Act 1996) Professional evidence may be important in demonstrating why a child is unable to attend and what provision may be required. Research any Social Prescribing support that may be available in your area through the NHS. What is Social Prescribing? Social Prescribing is Community support prescribed to all ages to improve an individual’s Health and Wellbeing. The support varies depending on the provisions available within your local area. You can ask for your child/young person to be referred by your GP, Social Prescribing Link Worker, Youth Worker, and NHS professionals. There are many benefits of Social Prescribing. For a child/young person who is unable to attend school due to the impact of loneliness and isolation, and is no longer engaging with their peers, this can be a lifeline for the whole family. Examples of Social Prescribing that may be available in your area for your child/young person include: Creative activities, including Art, Dance, and Singing groups Practical activities, such as knitting, cooking, or sports, together with walking groups and gardening clubs Lego groups, Gaming groups, and safe monitored online support groups Bespoke peer community groups such as Mental Health peer support groups, Neurodivergent Community groups, LGBT community groups and many more Threats of fines or legal action for non-school attendance Local councils and schools can use various legal powers if your child is missing school without a good reason. They can give you: a Parenting Order an Education Supervision Order a School Attendance Order a fine (sometimes known as a ‘penalty notice’) Often families can find themselves threatened with legal action when they have done everything in their power to support their child to attend school, but the child has become too unwell to attend due to EBSA and other unmet SEN. As soon as your child is showing signs of significant difficulty with attending school, in addition to working with the school we advise parents to also seek support from their GP to: evidence the real and significant nature of the child’s difficulties. seek referrals to CAMHs and other appropriate medical professionals. provide evidence for your child’s absences if necessary. You can book repeat appointments for your child with their GP and do not need to take your child along with you if it would be detrimental for them to be involved in the conversation and/or they are finding it too difficult to leave home. Supporting attendance difficulties often requires coordinated input from education, health and sometimes social care services. Even if your GP is not particularly supportive initially, we advise that you persist in involving them regularly by booking appointments routinely whilst your child is unable to attend school full time. For further information on Social Prescribing click here. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us 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.

Professional Educational Psychology reports are essential to ensuring a robust and effective EHCP. These reports inform key sections, such as B (needs) and F (provision), directly influencing Section I (placement). However, the quality of reports can vary significantly, and parents often face challenges with local authority-funded assessments. This guide explores how to navigate these challenges, ensure reports are EHCP-appropriate, and leverage independent experts when necessary. Professional reports are a pivotal part of every single EHCP, and so it follows that the quality of the report will inform the quality of the EHCP. Let’s go back over our favourite equation – B + F = I B = your child’s needs (difficulties) F = your child’s provision (the help your child will receive) I = the placement where your child will receive their education and training Sections B and F can only include professionally evidenced information, and yes, we as parents and carers know our children and young people better than anyone else, and no – unfortunately this knowledge counts for the square route of bug*er all when it comes to enforceable information and evidence. It’s unfair. So, we must rely upon those who may only observe, make a quick assessment or have the briefest of chats – should we accept this as being ‘good enough’? It’s often not enough, but it may be as good as you are going to get, so then what should you do? It is often the case that you wait months for the LA EP to make their assessment, you have your chat and ask the questions (see our YouTube clip) and the assessment seems to have gone well, and the EP nods in agreement with you, on your child’s difficulties. Then the report comes back and it’s resembling a Bull’s meal from yesterday. WHY? Here’s some food for thought... Many parents are concerned that reports commissioned through Local Authorities may not always identify needs or provision in the same level of detail as independently commissioned reports. The EP’s findings must be placed into the EHCP – Sections B and F. 9.69 (F) of the SEND Code of Practice 2015 states very clearly that ‘provision must be made for each and very need identified in Section B’. The findings - AKA evidence must be provided. So, if the need hasn’t been noted in the actual report – even if you have had a long talk about these – that need doesn’t exist. Spoiler Alert – if the need isn’t there, there’s not going to be any provision being made. If provision isn’t needed, then the £££££ won’t be needed either. The named school in Section I must be able to make all of Section F provisions – can you see where we’re going here? Poor identification of need will lead to insufficient or unclear provision being specified within an EHCP. This may make it more difficult for children and young people to receive the support they require and can result in disputes between families and Local Authorities. A conflict of interest? Not biting the hand that feeds? You decide, we couldn’t possibly comment… We request that LA funded reports are made EHCP appropriate all the time. The response from the LA invariably is that ‘this is out of our remit’, ‘not our policy to go back to the professional’, or the classic ‘it’s not in the child’s best interest to have a specified and quantified EHCP as it's too restrictive’. Oddly enough, once at appeal they seem to have an epiphany, and not only do Educational Psychologists appear ‘as if by magic’ (think of Mr Benn’s Shop Keeper – if you’re old enough for this reference!), but as Local Authorities are at appeal every single week (okay maybe not Christmas, but there’s capacity given the current wait times) it’s really not as if they don’t know how B and F must be evidenced and stated – they have a Judge on repeat telling them to do just this. How should the report be worded, and can you make ‘requests’? Anything with a pre-fix of ‘mum wants/thinks/says’ will be ignored. This is Section A, that unenforceable section material. It ‘may’ find its way into B, as a ‘tease’ but it won’t have provision. You have said this is what your child needs, not the professional – be careful how you word your conversations. To make sure that your concerns are taken into account – and you really do know your child best, instead say: “I see that he really struggles to remember information and recall information he has previously known, can you please assess for this or say if you agree?” “If you agree, can you please identify how this must be supported so that he reaches his potential?” Or: “her attendance is very poor, because she is really struggling, I have her attainment scores here and her attendance from school for the past year, can you please state if you believe, in your professional opinion, that this gap will close without additional support, and if not, can you please state the amount and type of support she needs and how often this must be made?” They may or may not oblige, (ditch any private EP that won’t, we’ll come to that next!) but they will know that you ‘know’ and so that accountability has been identified. What happens if the LA report is a not good enough when it finally arrives? You must request that it’s written appropriately (see page 157 SEND Code Of Practice 2015 9.51): ‘The evidence and advice submitted by those providing it should be clear, accessible and specific. They should provide advice about outcomes relevant for the child or young person’s age and phase of education and strategies for their achievement. The local authority may provide guidance about the structure and format of advice and information to be provided. Professionals should limit their advice to areas in which they have expertise. They may comment on the amount of provision they consider a child or young person requires, and local authorities should not have blanket policies which prevent them from doing so.’ However – as with rubbish report writing – that word should is often seen as ‘if you feel like it’. SEND Code Of Practice 2015, page 164 ‘B, all of the child or young person’s identified special educational needs must be specified’, followed by page 166 F ‘Provision must be detailed and specific and should normally be quantified, for example in terms of the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget.’ So, you could well ask, if this is so, an Educational Psychologist – four years bachelor’s degree, then three years BPS Doctorate should really know how to evidence for an EHCP? And maybe they do, just maybe somewhere along the line something, or someone is putting the brakes on? You decide. This then becomes additionally interesting when you look at the legislation that underpins the SEND Code of Practice – in this instance the Children and Families Act 2014 (Section 42) As confirmed by the Upper Tier Tribunal, the ‘duty under Section 42 to secure the special educational provisions of a child or young person is absolute. It is not qualified by reference to a local authority's budget or available resources’. [2021] EWHC 281 (Admin) at 27. So anyone attempting to judiciously ‘look’ at a report and ‘quality assure’ it for Local Authority ‘policy’ or ‘panel requirements’ would, in fact be acting way out of their legal remit – ‘should’ such a thing be happening behind the scenes. Surely, the LA caseworker and Department managers won’t have the same qualifications as a fully qualified Educational Psychologist, so wouldn’t have this knowledge – would they? You decide, we couldn’t possibly comment… Many families then consider Independent Educational Psychologists, so are they worth it? In the majority, yes, they are. They are fully independent, and their reports will be more than observations – but it is your responsibility to ensure this is so, before you engage anyone. Ask: Please can I see an anonymised example of your work? Are your reports Tribunal Appropriate (we at Empowering Families frequently see professional reports with a caveat in small print at the very end ‘not suitable for Court use or EHCP’s’ – a terrible waste of parents’ time and resources, so please make sure you have covered this before engaging any professional). Do you support parents as expert witness at any potential Hearing? Will you provide a draft report for me, before you sign off the Final? Can you let me know the type of assessments that you will be undertaking, and how long you will be spending with my child/YP? Will you refer to other professional reports that I have, and specify where needs interweave and will you state how this, if necessary, impacts upon the difficulties you identify? I am aware that you cannot state in your report the school that I have named, however can you please give me your professional opinion after your evidence gathering, if you agree with my school choice? I am aware that the report may become out of date, with the current appeal times, are you able to agree to provide an addendum to this report, should this be necessary to enable this to still be used at any potential appeal? In addition to the above, use our YouTube video mentioned above. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us 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. Resources: Special Educational Needs and Disability Code of Practice 2015 Guidance for Educational Psychologists (EP’s) when preparing reports for children and young people following the implementation of The Children and Families Act 2014 Guidance for Educational Psychologists providing advice and information for Education, Health and Care Needs Assessments The Standards of Proficiency for Practitioner Psychologists

Navigating the process of an Education, Health and Care Needs Assessment (EHCNA) request for a child can be challenging—especially when faced with a refusal from the Local Authority (LA). Understanding your options and the steps available after a refusal is crucial to ensuring your child receives the support they need. This guide explores the actions you can take following a refusal, including accepting the decision, pursuing mediation, and appealing to the SEND Tribunal (SENDIST). It also outlines the preparation needed for mediation and appeal. It provides information about resources available to support families through the process. Local Authorities refuse, on average, 50% of all EHCNA requests they receive. Many refusals are challenged successfully because parents argue that the legal test has not been correctly applied. Local policy cannot override SEND law. A significant number of refusals are successfully challenged through mediation or appeal. In fact, 98% of parents' appeals to SENDIST are successful. If your Local Authority refuses an EHC Needs Assessment, you should carefully consider your rights to mediation and appeal before deciding how to proceed. What Are My Options? If your LA refuses an EHCNA for your child, you can: Accept the decision and work with the school to meet your child's needs using existing resources. Request mediation to discuss the decision with the LA and ask them to reconsider. Appeal to the SEND Tribunal (SENDIST). Accepting the Decision If you choose to accept the decision, take time to: Review what support and provision schools should offer under SEN Support. Understand the school's legal duties, particularly: SEN Support as set out in Chapter 6 of the Disability Code of Practice 2015 Best Endeavours Duty as set out in Section 66 of the Children and Families Act 2014 Equality Duty as set out in the Equality Act 2010 Arrange a meeting with your child's SENDCo to: Discuss the decision. Explore what additional resources or support can be provided. Review any guidance suggested by the LA in their refusal letter. Clarify how the school is meeting its legal obligations under SEN Support, the Best Endeavours Duty, and the Equality Act 2010. If you are not satisfied that the school is willing or able to make appropriate provision from its own resources, consider requesting mediation or proceeding to appeal. Using Mediation You have a legal right to request mediation within two months of the LAs refusal letter date. To request mediation call the number provided in the LA's letter and ask them to arrange mediation. Mediation is an informal process intended to help you and the LA reach an agreement. It is free of charge, and an independent mediator will facilitate a discussion around your child's case and the decision made. Preparation is essential. Before attending mediation, you must: Understand the legal test. Collect and organise your evidence. Be ready to explain why your child meets the criteria for an assessment. Our Webinar will help you prepare by: Explaining the legal framework. Guiding you through gathering evidence. Helping you write a compelling written submission. At the end of mediation, you will be issued a mediation certificate. If the LA does not change its decision, you will have one month from the certificate date to submit an appeal to SENDIST. Appealing to SENDIST You can appeal immediately after receiving a refusal from your LA—you do not have to attend mediation first. However, you must consider mediation and obtain a mediation certificate even if you choose not to participate. To do so: Call the mediation service named in the LA letter. Inform them you do not wish to proceed with mediation. Request a mediation certificate. Once you have the certificate, you may lodge your appeal. You must submit your appeal within two months of the LA's refusal letter or within one month of the mediation certificate date—whichever is later. Our Webinar will support your appeal by: Explaining how to present your case in line with the legal requirements. Helping you gather and format the appropriate evidence. Supporting you in drafting a written report. Submitting Your Appeal To lodge your appeal, complete the following form: SEND35a - Application for Appeal: Refusal to Secure an EHC Needs Assessment You must include: A copy of the LA's letter refusing the EHCNA. Your mediation certificate. Supporting evidence. Your written report. Where do I go from here? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk And book a meeting with us 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.

Professional reports, Individual Education Plans (IEPs) and EHCPs often name interventions, approaches and strategies that your child will receive. This blog explains key interventions and approaches that we regularly see in IEPs and EHCPs. If your child has special educational needs, the chances are you have professional reports, IEPs and/or an EHCP that names interventions, approaches and strategies that they must receive. But what are they? This is where Empowering Families of Children with SEND step in. Let us guide you through the most common IEP and Section F interventions, approaches and strategies. The Incredible 5 Point Scale: this is a visual rating scale to support children and young people with being able to identify their current emotional state. It can be individualised to the child/young person, and used as a numerical or colour code 1 – green (I am feeling calm/relaxed/happy). 2 – blue (I am feeling okay/ I can manage ). 3 – Yellow (I am feeling nervous/anxious). 4 – Orange (I am getting angry/overwhelmed). 5 Red (I am now angry and can’t cope). The Incredible 5 Point Scale The Zones of Regulation: very similar to the above, ZOR (as this is often abbreviated to) is a visual that is used to support children and young people to understand and communicate their emotions. This can be used as a more general approach to identifying readiness to learn. The Zones of Regulation Objects of Reference, these are visuals that are often used for children and young people who find symbols difficult to process. They are visuals that depict the object as the child sees them. They can be a real object, such as bringing the child’s coat to them to signify playtime, a toy car which is the same colour as the child’s parents' car to signify going home, a nappy to signify that it’s time for nappy change. They can also be photographs of the child’s own belongings, teachers, family, cups, clothes – anything that supports the child or young person with understanding routines and expectations. An easy guide to objects of reference Makaton – signs, symbols, and gestures accompanied by speech – different from BSL (British Sign Language). Makaton is used to support speech, communication, attention and listening skills, and memory. This is a sign and symbol resource that is often found in schools, and public buildings such as hospitals and paediatric clinics. Many parents will have seen Makaton being used on CBeebies by Justin Fletcher AKA Mr Tumble. Makaton consists of Core Vocabulary followed on with Topic Based Vocab. It is used to support children and young people with a wide range of difficulties including ASD, DLD, Global Developmental Delay, Multi-Sensory Impairment and Down’s Syndrome. For more information click here Sensory Circuits / Sensory Diet – A sensory diet is an individual personalised, comprehensive plan of sensory-motor activities used throughout the day to help a child or young person stay regulated. A sensory circuit is a specific sequence of physical activities, often used in group settings. A sensory circuit may be just one component of an overall sensory diet. Sensory Circuits aim to support achieving a ‘just right state’ in readiness to learn. Whilst primarily used for those with sensory processing needs, Sensory Circuits are valuable to many children. They comprise of three stages. 1 - Alerting, 2 - Organising, and 3 - Calming. It is essential that the Sensory Circuit is based upon the individual (or group) presentation and not just delivered in the same way each day. They are best delivered at the start of the school day, after lunch break and just before the return home. They must be fun, engaging and physical. Examples of alerting activities are: bouncing on a therapy ball, marching to a song, running on the spot. Organising activities include jumping into and out of a hoop or chalk circle drawn on the floor, popping bubbles, an obstacle course, throwing a bean bag into a bucket. The final activity, the “calming activity” will include yoga stretches, chair press-ups, pushing against a wall with breathing exercises to promote a controlled and relaxed state. Sensory-Circuits What is a sensory diet? Now/Next , First/Then – this is a board, with visuals. The use of consistent visuals is recommended, for example Objects of Reference or Makaton (see above). This is a visual tool to support children with understanding routines and expectations of the day. For example, on arrival at school the symbol/sign for the child’s coat peg may be first, followed by the sign for a sensory circuit (or whatever your child’s initial steps on arrival are). The first step can be the child adding the symbol (or this may already be placed in the Now section), with the addition of the symbol for sensory circuits being added by the adult alongside the child. Once the current activity is completed the Next one is added and the previous one removed. A Now/Next is often used with a whole day visual timetable where each of the day’s activities will be placed, and moved into the Now/Next. https://www.twinkl.co.uk/resource/t-s-111-now-and-next-board PECS – Picture Exchange Communication System, developed in the early 1980s for supporting those with little to no functional communication. The individual is supported to exchange a single picture of an item or activity that they wish to use or need. For example, a picture of a cup to signify that they are thirsty. This is supported further with the individual being supported to make choices from two or more pictures, for example, a cup of milk or a cup of juice. This is then developed further by the PECS being used on a communication board. PECS Intensive Interaction – developed from a standpoint that it is impossible to support those with communication difficulties without being attuned to them, and understanding each individual's needs and ways of communicating. Intensive interaction is used alongside signs, symbols, objects of reference and modelling of language. Using observation and responding quickly ensures that the child/young person/adult knows that their communication has been acknowledged, and so encourages this to continue. For example, the child uses a gesture to identify thirst, followed by a vocalisation once acknowledgement has been made by the adult supporting, and then the use of an object of reference to identify which drink, and whether a snack would also be appreciated. This develops a strong bond of communication and interaction support. The trust that all efforts at communication will be acknowledged and acted upon. This encourages further attempts at communication and the reciprocal nature of this. The supporting adult models the language, in a supportive and non-demanding way. “It’s been a while since you had a drink, shall I make you one?”. “Great, what would you like?” (use of object of reference). “Shall we have snack too?” (gesture). “Good plan, let’s have a loo” (choice board), and so on. Intensive Interaction The PACE approach – this is a trauma informed approach to support safe, trusting and meaningful relationships between children and practitioners. Developed by a clinical psychologist who specialises in childhood trauma it is an approach that will often be seen as a ‘whole school approach’ in professional reports and in Section F. It focuses on building trusting emotional connections to form security between child/young person and those around them. PACE stands for: P – play, a playful stance to add fun and engagement to activities and learning, this incudes tone of voice, expression and gesture. A – acceptance, taking a non-judgemental view of behaviour and looking at the cause and not the behaviour. For example, “I can see that when I asked you to put the game away, you were still enjoying yourself, and that made you feel really cross with me. I understand that you must be very annoyed. We can play again, but let’s have that snack when you are ready”. C – curiosity, developing an understanding of the child/young person and why they are feeling the way they do, over questioning them as to ‘why?’. So using phrases such as “It sounds like you are struggling with …” or “ I noticed that you look sad, and was wondering if…” E – empathy, showing that you care about how the child/young person is feeling, and that they can share how they feel, because you can do this together. “You have been through so much already, we can work on this together now.” Understanding the PACE Model Social Stories – created in the early 1990s by Carol Gray. Social Stories are very brief descriptive (not directive) statements to support what is happening/going to happen/has happened. They can include visuals as well as written narrative. They follow the format of: Where, When, Who, What, How and Why. They must have a patient, positive and supportive tone that clarifies, reinforces and summarises the information. They support emotional responses, provide reassurance, and context. A Social Story should contain no more than 7 sentences and be in the first or third person. They are often used alongside Comic Strip Conversations which give further support to identify whys and hows of social communication and interaction. They coach, provide perspective, support self-esteem, understanding and self-advocacy. To write and deliver social stories, a member of staff must receive training from an Educational Psychologist, Specialist Teacher or SENDCo. https://carolgraysocialstories.com/social-stories/ Lego Therapy – a group based therapeutic intervention, with each session lasting around an hour. Lego Therapy supports social communication, collaboration, turn taking, friendships, and language skills, for children and young people aged 5 years and over. Each child or young person has a role to play, Facilitator, Engineer, Supplier, and Builder, with roles being swapped within each session. Each participant is encouraged to describe the bricks they need and where they need to go in the design – “I need a red six, to go under the yellow two”. Freestyle Lego Therapy is when, as a group a decision is made on what should be built, with each member of the group working together on the ‘idea’ and not a set plan. To deliver Lego Therapy, a member of staff must receive training by an Educational Psychologist, Specialist Teacher or SENCo. Lego Therapy Attention Autism Bucket Time – a play based therapeutic intervention developed by a Speech and Language Therapist. ‘Bucket Time’ aims to develop the child’s attention and listening skills. It builds shared attention, switching attention and turn taking. Engagement is supported by the use of highly motivating toys which are not available at any other time. These will generally be wind-up toys, toys with switches, flashing lights and music. The premise is that these toys are irresistible and the child’s interest is sparked at the outset. The Bucket (or container) must not be transparent; it is essential that the contents are not visible. The programme has several stages. Stage 1 – uses the bucket, combined with a song – to increase the anticipation “I’ve got something in my bucket, I wonder what it can be”. An item is then revealed. This all happens at a relaxed pace, to reduce anxiety associated with not having the opportunity to join in. Stage 2 moves onto sustaining attention – The Attention Builder, Stage 3 is Shift, where children attend an adult led activity for a longer period of time, with turn-taking being modelled by the adult, Stage 4 – Transitions, where the adult models the activity and the child then carries this out independently, with the focus on attention and not the finished result, which is celebrated by all members of the group. Attention Autism TEACCH – Treatment and Education of Autistic and related Communication handicapped Children with Individual Workstation, developed by Educational Psychologists in the USA (hence the use of terminology which we, in the UK would not consider appropriate). The approach is used primarily for children with SEND to support them in their environment and to encourage independent learning skills. Classrooms will have designated areas for activities with clear physical boundaries in place to promote this. Consistent visual supports will be in place, including visual timetables, timers for tasks, symbols, Now/Next. This can include the provision of an ‘individual workstation’. This will be in a low distraction area of the classroom, an individual desk with all of the child’s resources alongside. This will be well organised, with the resources labelled with symbols and the child’s name. Older children may have a Now/Next (First/Then) tray where any work that they have been unable to complete can be saved to come back to at another time, when they are more able to focus/are regulated. Workstations can be screened off, to encourage concentration and reduce anxiety, and can be personalised with the child’s current interests, or transition objects, if appropriate. The child will also carry out special workstation activities here, practising skills before these are undertaken in the whole class environment. What is TEACCH? Team Teach – is an accredited behaviour support programme to train staff to manage behaviour positively and safely. It focuses on training staff to de-escalate situation safely, avoiding escalation and the need to intervene to keep a child safe. It also trains and accredits staff to use ‘physical intervention’ safely when necessary. There are other accredited programmes that teach staff to manage behaviour with Team Teach being one of the most widely used. All physical intervention in schools must be recorded and records shared with parents and carers. If you know that your child has been involved in physical intervention at school and you have not been given a copy of the record, ask for it. More information on using physical intervention or ‘force’ in schools is available in the Department for Education Guidance ‘Use of Force’ August 2012. Team Teach Ayres Sensory Integration – developed in the 1970s by Dr A. Jean Ayres an Educational Psychologist and Occupational Therapist. The assessment takes into account all sensory needs, and how any difficulties impact upon day to day living. Both under and over responsiveness are assessed, together with praxis and sensory integration. Intervention is play based, and aims to change the neurophysiological processing of sensation, and how this then translates into how attention, regulation and organisation is managed. (Sensory Processing Disorder is not currently recognised under DSM-5) Talkabout by Alex Kelly – is a social skills programme for children and teenagers. It covers self-advocacy, self-esteem building and how these go together to promote social skills overall. This programme should have the oversight of a Speech and Language Therapist to ensure correct delivery of the programme. The programme can be delivered as a group or 1:1 intervention and builds upon skills being learnt. The author, Alex Kelly makes it very clear that although this intervention is used for those with ASD, this was not its original purpose. PANDA strategies – a guide for supporting children and young people with a diagnosis of, or ‘with traits of’ PDA (Pathological Demand Avoidance). The basis is ‘pick your battles’ with connection not correction. P – prioritise and compromise, A – anxiety management, N – negotiation and collaboration, D – disguise and manage demands, A – adaptations. PANDA CBT – Cognitive Behavioural Therapy, a talking therapy which aims to change how an individual thinks and acts when presented with, experiencing or remembering a situation. It is a therapeutic intervention that works on the premise that an individual’s thoughts, emotions and behaviour are all inextricably linked. It looks to alter the way we think (our Cognitive state) and the way we act as a result (our Behavioural response) CBT can be on a 1:1 or group basis, dependent upon the needs of the individual. You do not need a diagnosis of a Mental Health condition or disorder for this intervention to be supportive. The difficulties which CBT can be used to support include, but are not limited to: anxiety, disordered eating, depression, obsessive compulsive disorder, post-traumatic stress disorder, and phobias. This intervention can be delivered in person, online or over the phone. The therapy works on changing perspective, by considering how our emotional response impacts us and leads us towards negative feelings/reactions/actions. It helps to find alternative ways of looking at situations, and finding approaches that work for the individual to create a positive outcome, a change of outlook, and the skills to manage those feelings that are creating a barrier. The skills are then practised between sessions, and you may be asked to record your progress to support the following sessions. Sessions are generally in blocks of between 5 and 15. CBT must be delivered by trained mental health professionals, including psychologists, psychiatrists, mental health nurses, social workers, and specialised counsellors, who have completed specific postgraduate training. Growth Mindset – Growth mindset is an evidence-based approach to helping children be confident learners. The theory of Growth Mindset is based on developing a positive mental attitude and approach to learning. In schools, substantial training needs to be undertaken by staff providing a ‘Growth Mindset’ approach, as delivered by poorly trained staff, this can cause further detriment to already emotionally vulnerable children and young people. It always needs to be considered alongside an individual’s ‘window of tolerance’. Help your child be their best - Family SCARF Dweck’s Mindset Theory: How to Develop a Growth Mindset Window of Tolerance - The "window of tolerance" is a psychological model helping school staff understand a child or young person’s individual optimal state for learning (calm, regulated) versus states of dysregulation (hyper-arousal like anger/anxiety, or hypo-arousal like zoning out/numbness) caused by stress or trauma. It allows adults to respond with empathy, use sensory/calming strategies (deep pressure, breathing), and teach self-regulation skills to help children stay in the zone where they can learn and thrive, rather than punishing them for 'acting out'. window-of-tolerance Precision Teaching – this literacy intervention must be undertaken by a teacher or teaching assistant who has received the specific training to enable this to be effective. The focus is to teach in fast, short bursts, once a day. Each session lasts no longer than ten minutes, on a 1:1 basis. The aim is to teach to fluency before moving onto the next step. It begins with a baseline assessment to assess the current attainment levels. The programme will begin with (for example spellings) 5 spellings, with 3 that the child/young person already knows. Teaching of all five spellings will be undertaken in a fun and engaging multisensory style, supporting engagement, so using letter stickers, writing with chalk, writing in shaving foam, for example. Then the child/young person is tested on their recall of the words, again this is undertaken with fun and encouragement. The test must be undertaken in the same style as the original assessment, be that verbally or written. Once the child/young person has achieved success for three consecutive days, the teacher moves onto the next set of words, keeping the newest of the learned spellings and adding an additional two more. The ‘over-learning’ and fluency is enhanced and the opportunity for a degree of success is increased, along with self-confidence. What is Precision Teaching? Spoon Theory – used to explain the concept of ‘pacing’ and energy accounting. Created by Christine Miserandino who has lupus, it’s a metaphor to support the understanding of how energy depletes in those with chronic health conditions. Imagine a large coffee mug filled with spoons. These spoons represent an individual’s energy for one whole day. For a fit and healthy individual each ‘spoon’ and how they are used will be decided with more control. They may choose their energy to be utilised by going to the gym before work (or playing outside in the garden in their pj’s, before they eat breakfast, if this is a child, for example). Then it’s work/school, then after work walking home from the station over driving, or a swimming lesson after school. They are tired by the end of the day. By bedtime (each spoon in the mug represents energy use for each activity), they may only have one or two spoons left, but it’s bedtime and time to recharge/replace those ‘spoons’ into the mug, ready for tomorrow. For those with chronic health conditions those ‘spoons’ are used more quickly, and for activities that others may take for granted. For example: getting out of bed takes one spoon out of the mug, brushing your teeth and getting washed and dressed takes four spoons. Walking down the stairs takes another. Making and eating breakfast takes yet another two. Putting your coat on takes another. By the time you arrive at work or school you’ve used up over half of your ‘spoons’ – your energy. By lunchtime you have used them all. There is nothing left for the rest of the day, and certainly nothing for socialising. You can attempt to push yourself and ‘borrow’ some spoons from those that are ready for tomorrow – but that will leave you with a deficit for the next day. The next day you borrow more from the following day, with each day leaving fewer to use, until you are unable to do anything other than get out of bed to use the bathroom, and then not even that. This is why pacing, deciding where and how to use your ‘spoons’ (i.e. your energy) is an important skill to be taught. The Spoon Theory Circle of Friends – this is an approach that aims to support the inclusion of those who find friendships and social interaction tricky. The approach focuses on the peer group considering the needs of the individual, how the individual feels and the experiences they face due to any additional needs, disability or personal situation. This is a six step approach. Step 1 – it is imperative that the individual and their parents agree to the approach being used. Step 2 – this approach must be undertaken by a consistent member of staff, who is trained in its delivery. Step 3 – a whole class approach to look at the difficulties with friendships and moving the whole class forward into a change of mindset. Step 4 - the above is shared with the individual child who is experiencing difficulties. Step 5 – a meeting is set up with the ‘circle of friends’ who have agreed to provide friendship support, and as a group they talk about how they can all support each other. Step 6 – further meetings are held at scheduled times to share success; problem solve and strengthen the whole group – ‘circle’ – to establish friendships that are understanding and supportive to all. ELSA – Emotional Literacy Support Assistant, an intervention developed by an Educational Psychologist, to support children and young people who experience social and emotional difficulties. To be an ELSA (and deliver ELSA support) staff must have completed a minimum of 5 days training, with regular training updates led by an Educational Psychologist. All ELSA support must be overseen by the setting SENDCo. ELSA programmes are short-term interventions, with individualised targets tailored to the needs of the child or young person. Programmes will last approximately 8 to 12 weeks, with time following this for the consolidation of skills before further intervention is considered. During this consolidation time the individual should continue to have contact with the ELSA with a very gradual withdrawal of support. About ELSA – ELSA Network Colourful Semantics - Colourful semantics is an approach to support spoken and written language learning across the curriculum, and it is also a common approach used in speech therapy. It aims to help children develop skills in developing sentences, understanding questions, developing narrative (story telling), understanding written text and developing vocabulary. Colourful semantics are often used to support children with speech and language difficulties, including those who have difficulties with word order, vocabulary difficulties or expressive and receptive language difficulties. It can also be helpful for children who have English as an additional language. To deliver colourful semantics, a teacher or teaching assistant must have attended a training course delivered by the local integrated therapy team or individually by a SALT. Colourful Semantics: A Complete Guide to Colour-Coded Sentence Building These are just some of the interventions and approaches that are most commonly found in professional reports, IEPs and Section F of an EHCP. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us 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.

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. If you disagree with the decision, make sure you understand your appeal rights and seek advice about the most appropriate next steps. 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. The legal framework always takes precedence over any local policy or practice. 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 rely solely on the school to check the draft. Parents should ensure the EHCP is independently reviewed and checked against the available evidence Why? Because a poorly worded EHCP will make it more difficult to secure and enforce the provision that a child needs and where provision is vague or unspecified, it can be much harder to demonstrate whether the required support is actually being delivered. More explanation here (if you only watch one YouTube video – make it this one, checking an EHCP robustly is 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: Session 1 Session 2 Alternatively, you can engage our industry leading bespoke EHCP checking service from Empowering Families of Children with SEND Ltd. Full service details are here. 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 and we provide 1:1 meetings here 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. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us 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.

This article briefly explains what support a school should provide for children with SEND. What does the law say about what a school should provide? There are 3 key duties that a school must fulfil to meet the needs of the pupils with SEND that it has on roll. SEN Support as set out in Chapter 6 of the Disability Code of Practice 2015 Best Endeavours Duty as set out in Section 66 of the Children and Families Act 2014 Equality Duty as set out in the Equality Act 2010 SEN Support Chapter six of the SEN and Disability Code of Practice 2015 (the Code) sets out what mainstream schools (including mainstream academies) should do to meet their duties to identify and support all children with SEN. Schools should assess each pupil’s current skills and levels of attainment on entry and regular further assessments should take place. These should seek to identify pupils making less than expected progress. Areas of SEN are identified under 4 categories: communication and interaction cognition and learning social, emotional and mental health, and sensory and/or physical needs Schools must then plan how they will meet each of these areas of need, and make sure that their staff have relevant training and are equipped to respond. Support at this stage is called SEN Support. The school should use a graduated approach following the cycle of Assess, Plan, Do and Review: Assess: The teacher, working with the SENCO, is responsible for assessing a pupil’s needs, using their teacher assessments and experience of the pupil. Plan: A plan must then be drawn up which details how the child’s needs will be met. Parents must be notified and all teachers and support staff who work with a pupil should be made aware of their needs, the outcomes sought, the support provided and any teaching strategies that are required. Do: The planned interventions should then be put into place. The teacher should work closely with any teaching assistants or specialist staff involved, and the SENCO to do this. Review: Reviews should take place and inform feedback provided. The Code does not state how often reviews should take place, but given the Code suggests schools should meet with parents three times a year, good practice would be for reviews to take place at least termly. The decision to involve specialists can be taken at any time and should always involve parents. If your child’s school has taken the action above but your child is still not making expected progress, the school should consider requesting an Education, Health and Care needs assessment. You could also make this request yourself. For more detail on how to do this see our blog here and Webinar here Best Endeavours Duty This duty applies to: mainstream schools (including mainstream academies) maintained (state-funded) nursery schools 16-19 academies alternative provision providers Further Education institutions Pupil referral units It does not apply to special schools or independent schools. Section 66 of the Children and Families Act 2014 states that the school must use their ‘best endeavours’ to secure special educational provision for all children or young people for whom they are responsible. This means doing everything that could reasonably be expected of it to meet the SEN of its pupils. This applies to all children with SEN, whether they have an EHC plan or not. The governing body, proprietor or management committee must do everything that could reasonably be expected of it to meet the child, or young person’s SEN. Using best endeavours means doing everything they can to meet the child or young person’s SEN. This template letter from IPSEA will help you to challenge a school if you do not feel that it is meeting its best endeavours duty. Equality Duty Reasonable adjustments are changes that organisations and people providing services must make if someone’s physical or mental disability puts them at a disadvantage compared with others who aren’t disabled. This is separate to requirements related to physical changes that make a building accessible, such as disabled toilets. It means schools have a legal obligation under the Equality Act 2010 to support pupils who are disabled with reasonable adjustments, making sure they can benefit from what the school offers in the same way as a pupil who isn’t disabled. A school must not discriminate against a disabled pupil because of something that is a consequence of their disability. Schools should think about how all aspects of the school day could be adjusted to meet the needs of the disabled child, including attendance and behaviour, so that everyone is set high expectations and feels they belong in the school community. Failure to provide reasonable adjustments could be disability discrimination. For more information on this, see further details from IPSEA here. Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us 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.