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- Preparation for Adulthood from year 9 onwards
Preparation for Adulthood is such a grey area as far as what ‘should’ and must happen that it makes the previous experiences of ‘woolly wording’ seem positively silken. The SEND Code of Practice for Preparation for Adulthood has ‘shoulds’ and ‘coulds’ thrown around as generously as old fashioned school cake has Hundreds and Thousands sprinkled on the top. What ‘should’ happen, and what does happen is often worlds apart. What exactly is meant by Preparation for Adulthood? Consider how your young person will manage either Further Education, Higher Education or employment. Do you, and more importantly, does your young person have any ideas or aspirations for future employment or career trajectory? Would they like to be self-employed? Will they need support from employment agencies? What courses would they like to attend? What courses are available to them? Do they know where to find these courses, and in this instance more importantly do you and do the current school know? Unfortunately, the lack of SEND careers advice in mainstream schools makes this very difficult. Our young people are often included in careers advice, which is only appropriate for their non-SEND friends, leaving those with additional needs with very few options available to them. The Local Offer isn’t usually a wealth of information, and as in previous years will be focused upon maintained placements with a conspicuous absence of independent providers. Parents, as ever, must do their own research, or mainstream it will be. Consider independent living skills, does your young person need support with these? Is this being supported in the current setting, and if so, is this support appropriate for a young person with SEND? Will your young person be able to live independently, or will they need accommodation and living arrangements made for them including supported living? This can be an extremely hard consideration to make for any parents of a young person with additional needs. The long term thought of who, and how your young person will manage when you are unable to do so on their behalf, can be both overwhelming and extremely upsetting. How will your young person participate in society? Do they have supportive friends and supportive relationships with others of the same age? Are they able to participate and contribute to the local community? Isolation in adulthood, when your young person no longer has the opportunity to meet people each day within their educational environment, can be something that is not considered by both parents, and those currently supporting them in education. The implications of isolation are huge, and so whilst community involvement sounds like an ‘add on’ it is extremely important. Healthcare, our ‘children’ are moved from paediatrics to adult healthcare. This must be undertaken sensitively, as for any young person who has had extensive healthcare interventions as a child, being suddenly moved into adult Healthcare can be a less than pleasant experience. In-patient care will go from a paediatric ward into an adult ward with all ages and must be handled carefully. Preparation for adulthood as you can see is more than just education. Often just referred to as PfA it must cover the following ‘headings’ at the very least. Employment Independent Living Community Inclusion Health General Wellbeing and Understanding This must start to make an appearance in EHCPs from Year 9 onwards, and it can be flaky to say the least. Careers advice All Maintained schools and pupil referral units have a statutory duty under Section 42 a of the Education Act 1997 to make sure that all pupils from Year 8 until Year 13 are provided with independent careers guidance. This should include taster days, work experience, mentoring and exploring entrepreneurial options, role models and inspiring speakers. See SEND Code of Practice 8.27/28. From year 9 onwards Preparation for Adulthood should be part of every Annual Review and be included in the EHCP, again this can be variable in how this is undertaken and included. This should be including discussions regarding the young person’s future aspirations, and to include independent living skills, maintaining good health, friendships, future decision-making, and involvement with society and the local community. Once your young person has turned 16, they will have the right to make independent decisions regarding their ongoing education and training. This includes decisions on continuing within education and training. Parents should continue to be involved, particularly if there are concerns about safeguarding, attendance and capacity to make the right decision independently. (For more information on this see Mental Capacity Act 2005, Annex one.) You should discuss with your SENDCo at your post 16 Annual Review how visits and taster days will be put in place, and how study will be structured to include Preparation for Adulthood. When looking at study options your young person should not be expected to repeat study they have already undertaken. Programmes for those with additional needs must be ambitious including those which do not require a qualification to be achieved. At Post 16 there should be consideration for work based learning to enable your young person to have first-hand experience of the employment that they are interested in undertaking. To do this the SENDCo must be considering: Apprenticeships specifically for young people with an EHCP. Traineeships, where the young person with an EHC plan retains their EHCP whilst undertaking a traineeship Supported Internships structured specifically for young people with EHCPs. These normally last a year and can be extended. A young person undertaking a Supported Internship will also retain their EHCP throughout. Your young person is entitled to support across 5 days of the week with an EHCP. This will provide for education, healthcare and preparation for adulthood. Within this time, alongside education, a package may include: Volunteering Community participation Work experience Skills for living Independent travel training Support to access facilities in the local community including maintaining friendships. Should your young person require health and care therapeutic intervention this will still be included within the EHCP, subject to the evidence to state this is required - as in all previous years. A word of warning - your local authority will attempt to move therapy and health into adult social care; you must be aware of this. Provision is often watered down at Post 16 with a view to moving into adult social care and away from educational provision. This is not legal, but it won't surprise you to know it happens regularly. Many Post-16s find that the ‘educational’ provision becomes very vague, to the point of being almost excluded, for this very reason. Watch for this. When your young person turns 18, they may well become eligible for Adult Care Services under the Care Act 2014. The Local Authority must carry out an Adult Care Transition Assessment, but will only do so when there is a significant benefit to the young person in doing so. This must not be undertaken in an effort to cease the EHCP unless this applies and your young person is no longer engaging or undertaking education and training. Personal budgets can come into their own at Post 16 to enable your young person to undertake the additional activities that they require, to enable them to become independent adults. As it was when they were younger, this information must come from your professional evidence and cannot be as a parental request. We have a blog on transitioning to University. See here for further information should this apply to your young person. For those at Post 19 to 25 the EHCP will provide access to training and work experience appropriate to their needs, but they must evidence that they are still benefiting from and engaging with education and training. This includes Apprenticeships and Supported Internships. Let's now look at how preparation for adulthood can, and should be included within your child or young person’s EHCP moving forwards from year 9. If your child attends a Special School or Specialist Independent School the provision for Preparation for Adulthood Is likely to be far greater than a child or young person in a Mainstream setting. Many Specialist Independent schools will have provision within their Sixth Forms whereby your young person will have the opportunity to learn how to use household appliances including washing machines, ironing, and cooking, for example, to support independence within the home. Independent travel training can be a contentious subject, with many Local Authorities excluding themselves of their responsibility for transport by using the requirements for independent travel training as a means of the young person getting themselves to the placement and back each day. Independent travel training is more than this, it includes learning how to read timetables, buying a train ticket, travelling by public transport and troubleshooting, should that not go according to plan. Independent living skills will include shopping, meal preparation, budgeting, banking, the writing of CVs and job applications, and interviews. It will also include application for benefits and additional support services. Career advice can be hit and miss, with many young people being very poorly supported in this area. We advise that parents do not rely upon 1) the school and 2) the ‘careers advisor’ for this support but make their own investigations and research to ‘compliment’ that which is provided. Start looking at college prospectuses early, look at the interests that your young person has. Can these be utilised in future employment or training? It’s hard enough to decide as a young person without additional needs, so if this is a struggle for your SEND young person look for a general studies course that will provide more options in the upcoming years, including as an entry qualification for other career paths. Don’t leave Post 16 until the Post 16 Annual Review, planning is everything, and from here on in, there’s more to consider than just the ‘education’ part of the EHCP. Preparation for adulthood information 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.
- Looking after Myself and wellbeing
“Being compassionate to yourself now is investing in your ability to manage the future.” That’s not a ‘famous quote’ but one my late father would always say, and as hard as it is to do – it’s important that we, as parents at the very least give it our best shot. Being a parent is hard, forget the ‘Insta-mummys’ with their seemingly perfect ‘all shades of beige’ houses with children tastefully clothed to match. Behind the camera there will be the chaos that we all live with. The images on social media are not a true reflection of the piles of washing waiting to be done, the nappies needing to be changed, the toys to be tidied up and the dishwasher to be stacked – yet again. All this is ‘out of shot’. It can be a standard we set ourselves against, whether we consciously realise this or not. That parent-guilt sits on our shoulders and refuses to budge. Add to this the meeting bookings, email writing, phone call making, school pick up (early), organising, appointment chasing, explanation making, being better at research and investigation than a Detective Inspector, child whispering, child refereeing, and being able to negotiate like a senior UN official that all comes as the add-ons for a parent of a child or young person with SEND, and it’s no wonder we are exhausted! When someone asks us “How are you?” we answer, “I’m fine” – because we know that we are expected to hold it all together. Never take your eye off the prize, keep juggling, never dropping the balls forever being passed over the top of our heads. Because “special children are born to special parents who will be able to care for them” – if I heard this once when my son was little, I heard it a hundred times. What was I supposed to do and say? If you told the truth, that you are exhausted, often at the end of all you think you can cope with, haven’t had a bath for days, let alone ever go “out” out, can’t sleep because of the constant worry, live on coffee and chocolate, and ‘yes darling, this is very important, it’s called wine’, you’d be worried that Social Services would be making a call. This came to light most recently in two ways – I was talking to a parent about their draft check and she said “I can’t write anything down, sorry. I’ve had to lock myself in my ensuite loo, it’s the only place I’ll get any peace to talk to you”. This was a moment of great hilarity – but also a snapshot of just how we have to crowbar time into our days. The other happens so regularly, but is so often spoken in such a way, that the parent feels guilty for saying and showing this. This is heart breaking, because a) as a business we hear this every day, and b) we have all also felt this on an individual level. So, what is the second one? This: “I’m so sorry, I’m exhausted with it all, I just don’t know how much more I can do, how much fight I have left in me.” We see and hear distraught parents: gender makes no difference, tears flooding faces, often silently. Broken, exhausted, and yet here they still are, trying their hardest, doing their very best. Day after day after day. The most selfless act of just asking that their children and young people have the support they need for the difficulties no one asked for, no one expected, and no one deserves. Education. Not a pay rise, not a new car, not a bigger house, just for their child to be able to go to school. And the words they say to us are ones that we cannot answer with any logical explanation. “Why?” “We don’t deserve this; our child doesn’t deserve this.” “It shouldn’t be this hard.” This is said and followed by a sigh of resignation. The light at the end of the tunnel appears to have been switched off, the exit closed to only those who have the magic word to enable it to open. The word that LAs continue to hold onto, until a Judge makes them relinquish it. Self-care talk at this point could be seen to be flippant, unrealistic and coming from ‘the other side’. That ‘it’s alright for you, you’re not here, living my life’. This is true – and we have blogged about this before. As much as you shouldn’t be taking criticism from someone you wouldn’t go to for advice, don’t advise unless you’ve been asked. Here comes the ‘howevers’. The saying ‘you can’t pour from an empty cup’ (surely that should be a jug – but I digress!), is very true. Just how we keep our cup full is the million dollar question. We know that this is not going to be easy, we know personally how hard it can be. Stopping the SEND/EHCP bus to get off, and then get back on again is as hard to contemplate as it is to do. Sometimes, though this is just what we must do. The bus will still be there, taking its usual route and our ticket will still be valid. Give yourself an opportunity to regroup, to assess where you are and the next steps to take – going around and around on the bus, looking for the next stop to take can make this exceptionally hard to do. Once you have made the EHC NA application it can be a ‘hurry up, and wait’ situation. We must keep to the deadlines – the LA can do their own thing. We’re like Indiana Jones in those tunnels – if the rocks don’t get us, the unexpected crevasses beneath our feet will, or the knives that are out to get us, that are hidden in the walls. There can feel like there’s no escape. We have been running on that adrenalin for so long, as both the aforementioned SEND parent and now up against bureaucracy and individuals who really DGAF about us, or it would seem, our children. Keeping on with keeping on is something we know we must do; but we must also pace ourselves. This isn’t about ‘taking some time out for a nice hot bath, filled with rose petals, lighting a scented candle, and ‘finding inner peace’ – chance of five minutes peace would be good – hence the phone call whilst locked in the loo! This is about looking for where and when getting off that bus will do you some good, and not make things harder in the future. You’ve had a Refusal to Assess. What was the reason? If you have a lack of evidence, you can appeal, and push on through, or stop, look at where you are. Get that evidence, and reapply with a stronger case. Do you feel ready to take on the next step, or would this time be better spent empowering yourself with more knowledge of the process and having the best hand of cards to play? Once at Refusal to Issue, you are so close, you can almost touch the EHCP, only to have it ripped away and locked in a box. At this point we would recommend you keep pushing for the key to open the box. This is not the time to stop (sorry). You receive a draft EHCP: that longed for moment, the Holy Grail, or is it? It may be less than the Holy Grail and more like a Poisoned Chalice – full of unenforceable twaddle. BUT – you HAVE an EHCP. This is an achievement to celebrate. Taking the EHCP away will be exceptionally hard – and you have the right of appeal. An appeal (for once in your favour, if there are rumblings of it no longer being required) that will take the best part of 2 years to come to a conclusion. Now is your time. You will see and hear us say ‘appeal’ – because that is the solution for a poor EHCP. The only solution. This is where parents often say that they just cannot face any more. Who can blame them? Not us. We have been there, and we have the scars to prove it. Parents feel that they must keep going, keep fighting whilst running on empty. Staying on that bus and going headlong into the appeal process whilst you are ‘in the zone’ may be for you. However: This is where you can get off that bus, and take some time. Opt to take what you have, and see how it goes. Your child will have more than before – and even if this is not even half as much as it should be, you have an EHCP and you can rectify this at Annual Review. You get this opportunity every year. This EHCP will be with your child until they are 25 (as long as they are still engaging and benefiting from the provision and not at Uni). Taking a six month (you can call an AR early) or yearly sabbatical may make the world of difference to you – and gives your child time to get used to whatever support is being provided. It also gives you time to evidence that the additional support you stated initially, is indeed required. This may just be acknowledged at Annual Review without an appeal. If you still need to appeal, you will have had time to: Have some time. Time to step back and reassess the hows, the whys and the musts. Be empowered with more knowledge – we called our business Empowering Families for a reason. Knowledge is powerful, being an empowered parent gives you the strength to step once more unto the breach. Taking some time off to give yourself a break, is a worthwhile investment, and is often exactly what you need. This isn’t ‘time off’ being a parent, we’re not AWOL, we are regrouping, consolidating before picking up and heading back into the fight. Our blogs, YouTube, Webinars and our free two weekly “drop in” events will give you lots of opportunities to be informed and Empowered. Our Facebook community is the very best group of SEND families to be found – never judgemental, and always supportive. Come and dip your toes in whenever you need a friendly word of support. Look too at the support available for respite care and any financial support you may be entitled to: https://www.gov.uk/apply-short-term-care-for-child https://www.gov.uk/help-for-disabled-child https://www.gov.uk/help-for-disabled-child/motability-scheme https://www.gov.uk/carers-allowance/eligibility https://www.familyfund.org.uk/grants/ https://newlifecharity.co.uk https://www.gov.uk/disabled-facilities-grants We can and will always be here to help you. Helping you when you’re on and off that bus. As they say, ‘it’s as much about the journey as the destination’. My darling dad was right, and I may have struggled to do as he advised, but being compassionate to ourselves is as important as the care we give to others. We can but only give it our very best shot, we have nothing to lose and everything to gain. So, if you feel that you just cannot do any more, for now, don’t judge yourself or allow anyone else to. Take some time, and tell them ‘Sarah’s dad told me to’. 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 is an EHCP and How do I Apply for One?
This article briefly explains what an EHCP is, how it supports your child/young person and how we can support you with a successful application. The EHCP This is a 'free-standing legal document' which will support a child's Special Educational Needs and Disabilities over and above that which a school can provide for under the Best Endeavours Duty. It is legally enforceable and written to support the individual child's unique needs (difficulties). A school must make Reasonable Adjustments, must include auxiliary aids, and must not discriminate against a child because of a disability. This applies regardless of whether the child or young person has an EHCP. (Equality Act 2010). Without an EHCP, Special Educational Provision is not enforceable and can be withdrawn at any time for any reason. This can be additionally apparent at a Phase Transition (see our blogs on Phase Transitions for more detail on these pivotal times) when moving, for example from a small very well-resourced primary school to a large secondary school. The support that your child has been given under Best Endeavours may not be provided in the next phase, and you cannot insist that this continues. For more information about post-16 transition, see our blog here. How do I know that my child needs an EHCP? Is your child struggling to manage at school? Do they need more support than that which is generally available to all children at school? This is not just about how your child performs academically; it's not just about attendance, and your child/YP doesn't need a diagnosis. Think about how your child manages friendships. Do they find it easy to interact with peers and adults at school? Do they struggle to communicate their wants and needs? Are they anxious about school, do they present with anticipatory anxiety when school is mentioned? Are they unable to manage their own emotional responses and reactions at school and also at home? Do they mask? Do they struggle to focus? Are they easily distracted? Is the school environment overwhelming? Is it too busy, bright, or noisy? Do they struggle to organise themselves, to remember information they have tried really hard to retain and take longer than anticipated to answer questions? Are they struggling with handwriting, forming letters, or keeping up with their peers' writing speed? Are they reading but struggling to remember multiple instructions? Can they physically access the school? Do they need specific adaptations, hoists, medical support, personal care, and nutrition? Do they need therapeutic interventions, Speech and Language Therapy, Occupational Therapy, Physiotherapy, or SEMH counselling support, for example? This list is not exhaustive, and the degree of need and how this must be supported to enable your child to access an 'adequate and appropriate education' can only be evidenced by professional assessment. This professional assessment is part of the Education Health Care Needs Assessment process. To quote case law, 'it is only when an assessment has been made that a definitive decision has to be made' Cambridgeshire County Council v FL-J [2016] UKUT 0225 (AAC) at [4] What are the Four Areas of Need? EHCPs provide support for: Cognition and Learning Sensory and Physical Social, Emotional, and Mental Health Communication and Interaction Along with Health and Social Care. IPSEA provide a useful EHCP checklist available here How do I apply for an EHCP? There are many myths surrounding EHCPs and many more 'policies' which are used by Local Authorities, which make parents jump through hoops before EHCPs are mentioned. Law trumps policy. Know the law, and this will empower you to stand up for the rights of your child/YP and drive an application forward. Where do I go from here? We have put together a full Education Health Care Needs Assessment package to support parents in making a successful application. There's an easy-to-follow webinar, where Anna and Sarah talk you through the process, step by step. They give you scenarios, examples of different needs and potential needs and how you would identify these and look at how your child may need additional support. They talk you through the SEND law that supports an application and give real examples of SEND myths and wrongful LA policies and how to challenge these. This is also invaluable information should you have a Refusal to Assess. The accompanying support package gives you timelines, example application letters, and 'fill in the blank' template application letters to make the process as uncomplicated as possible. They will give you detailed explanations of the type of evidence to submit and why. Find our webinar and the accompanying support pack 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.
- The Transition to University for SEND Young People
This article details what happens when a young person with an Education, Health and Care Plan goes to university. At this point, their EHCP will automatically cease. However, there are other sources of help available to university students with SEND. How do we research which university to choose? Each university will have its own services for people with SEND, and these will be detailed on the individual university website. Reviews from current or previous students may also help you to work out the right fit for your young person. Be sure to attend open days to ensure all relevant needs will be met in each establishment. At this point, you can ask if there is a support group for disabled students and if you have any other questions about adaptations that can be made. For students with disabilities, it is worth researching travel options to campus; are there disabled parking spaces, for example? Consider distance learning or part-time courses if you will find being on campus full-time difficult. Establish if there is adapted accommodation at the universities you are interested in attending. Do I mention SEND on a UCAS application? It is a good idea to mention any relevant SEND on a UCAS form so that universities are aware of them from the offset. Failure to do this may mean that the Equality Act may not apply, and support may not be put in place for the student. Is there any other support available to university students with SEND? People who meet the criteria are able to apply for Disabled Students’ Allowance on top of their student loan. This is done when you apply for student finance online. You will need evidence of eligibility, and you are likely to have this to hand from your earlier EHCP application and reviews. Disabled Students’ Allowance is designed to be used for specialist equipment such as a laptop, non-medical helpers (for example, a BSL interpreter or note taker), or other needs related to the disability. You can find out more about Disabled Students’ Allowance here: https://www.gov.uk/disabled-students-allowance-dsa Any advice for parents? It is important to note that universities will not respond to enquiries from parents as standard because of the Data Protection Act 2018. Their contract is with the student; they will treat students as adults. The way to ensure you can be involved when needed is to get Data Protection Act consent from your young person and make sure it is added to their university file. Unlike with an EHCP, support at university is not a legal requirement, and there will not be a regular review as you are used to having with an EHCP. You may need to be a little more proactive with making sure everything is in place for your young person. It can be an exciting but stressful time if your young person is considering going to university. As with their earlier education providers, the key to it is finding the right place for the individual student. 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.
- How do I Know if my EHCP is Good Enough?
An Education, Health and Care Plan (EHCP) is unique and must be written specifically for your child, clearly specifying all of their special educational needs and all of the provision they will receive. Section F must specify what must be delivered, how often, for how long, and by whom. That's the theory—but how do you know if your EHCP meets the legal standard? If we have undertaken a draft check for you, we will be able to confirm this once we review the amended draft or final plan. However, for those reviewing independently, the key question is: How will you know if the EHCP is good enough? Knowledge is power. To properly evaluate an EHCP, you must empower yourself with the correct information and understanding of what a lawful and effective EHCP should include. What to Look for in Your EHCP Ask yourself the following questions: Has the Local Authority (LA) correctly identified all needs in Section B and all provisions in Section F? Have all professional reports been reflected in Sections B and F with specific and quantified provisions that meet the needs? Have needs and provisions been appropriately allocated to the correct sections of the EHCP? Can you clearly identify who will deliver the provision? Are the qualifications and experience of the responsible adult specified? Is it clear when the provision will be delivered? Can you see how long each provision session will last? Are the strategies and programmes to be used specified? Do your professional reports back up these choices? Is the adult-to-child ratio included where relevant? If you can confidently answer "yes" to all of the above, your EHCP will likely effectively meet your child's needs. Note: The quality of the EHCP is only as strong as the professional reports it is based on. Why a poorly written EHCP fails children A unlawfully written EHCP will not provide your child with the provision they require to meet their needs. This will put them at a significant disadvantage, they will not make the progress they are capable of and as a result, their mental health, future life choices and adulthood is at risk. The only way to know if your EHCP is lawfully written is to check it carefully. More information on the wording of EHCP and their enforceability is available in the following blogs: Top 10 Words and Phrases You Don't Want in Your EHCP Checking an EHCP Enforcing an EHCP How Do I Know Whom to Trust for EHCP Support? Advocacy is unregulated in the UK. Therefore, it is essential to approach both paid and voluntary sources of EHCP advice cautiously. Before trusting a service or individual, consider the following: Key Questions for Any Support Provider Is the source reliable? How do you know? Have you done your due diligence? Is the information publicly and equally available to all? What are the skills, qualifications, and experience of the individual or team? Is the advice offered in accessible formats? Before Paying for Support Is the provider traceable, with a visible business presence and reputation? Are testimonials genuine and verifiable? Are their qualifications and experience publicly listed? Have they made their Public Indemnity Insurance, ICO registration, and (if applicable) Limited Company number public? Are costs transparent, and is there a written agreement outlining deliverables? Are you being asked to pay before seeing examples of the quality of their work? Be wary of misinformation. Unregulated forums and support groups may spread credible but factually incorrect myths. These can cause unnecessary delays and frustration, undermining your child's access to appropriate provision and placement. For more information on finding reputable SEND support see here How Empowering Families Supports You 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 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.
- What Should I do in the School Summer Holiday for my Child with an EHCP?
Sadly, for many SEND (Special Educational Needs and Disabilities) children, Alice Cooper got it wrong, school may be out for summer, but it’s not out forever, and many of our children may not want to go back at all, but they will have little choice. Many families decide over the summer holidays (as did I over 15 years ago) that something has got to change, and that change involves ensuring our children have enforceable, needs appropriate educational provision. That decision means application for an EHCP (Education and Health Care Plan), via an EHC NA. This blog is a good place to start your summer if you are thinking about making an EHC needs assessment request. You put the application in, and then what? School holidays, and it’s the 4-week rule. Don’t panic. Use this time to get your evidence together, our not-for-profit webinar will provide a step-by-step guide. Have all the forms completed and ready to go and have all your evidence ready – again our EHC NA webinar and the resources will give you everything you need for a successful application. What about those who are further on in their EHCP journey? The 4-week rule can and does cause additional difficulty. For these families there needs to be preparation, way before School is Out for Summer. It can be challenging enough to get information on schools before a Final EHCP is issued, acquiring any information in the school holidays will be akin to mucking out the playroom because the rocking horse has relieved itself. Add into the mix that many Specialist Independent schools will have longer school holidays than state-maintained schools. We are always asked how to get insights into how appropriate a school may or may not be, you can read up on websites and prospectuses, but nothing beats seeing the school in action. This Summer Term can be (if you have thought ahead) the perfect time, it may not be an ‘official’ visit, but there are ways to see how a school works and get an insight into how suitable it may be. Many Specialist Independent schools will have official open days. Ask well in advance – yes all those with Phase Transitions looming in the next 18 months, I am looking at you! Get on the list for Open Days, ‘I have a child with an EHCP, I’m preparing for Phase Transition, I’d like to book an Open Day slot’. ‘I am considering self-funding; please can I book a visit to discuss’. You ‘may’ in hindsight decide to see if the LA will fund, but ‘considering’ self-funding may just get you the opportunity to visit. Summer Term is the term for sports days, end of term awards and speeches, and parents and friends can come and watch. Have you a friend with a child at this school, are you a member of a local Forum for SEND children? Could you possibly be a ‘friend’ to a family and go along with them? School Summer Fetes and fundraising events, go along. Meet other parents, if there are members of staff there, they will be happy for a general chat about the school. It all helps to get a feel of the environment and ethos, even if you do not get to discuss your child’s needs. Is your child starting at a new school? Are they familiar with the location and journey? Start randomly, just happening to walk past on the way to or from your destination. You do not have to mention anything about ‘school’ just walk or drive past. No big deal. If there is a park, a friend’s house, a café, shop en route, note this. Then introduce the positive element, ‘Oh that’ll be good, after school we’ll be able to go to the park/see Granny/get an ice cream/choose something for supper.’ Try to have a degree of familiarity, if at all possible. Yes, some children’s schools are miles away, my own children’s schools were a 45-minute drive. If you can, make the ‘trial runs’ something that involves the child. Ask them to set the Sat Nav to drive past, with an alternative destination in mind that is a positive one for your child, again this could be a park or somewhere to stop for a snack. School uniform is another challenge, so plan early. Anxiety racks up at the anticipation of shopping for everyone involved, plus trying anything on and then being told it’s because you are going back to school next week only increases this. Below are links for clothing, shoes, and sensory supports for those who may find online easier. Both Clarkes and John Lewis have bookable ‘Quiet Time’ appointments for shoe fitting. Many shopping centres also offer this. https://direct.asda.com/george/collections/easy-on-easy-wear-school/D28M110G1C3,default,sc.html https://sensorysmart.co.uk https://www.disabled-clothing.co.uk https://specialkids.company/# https://www.sensorydirect.com/products/ear-defenders https://www.vivobarefoot.com/uk/kids https://www.essentialaids.com/dressing/shoes-laces/coilers-shoelaces.html https://www.johnlewis.com/our-services/childrens-shoe-fitting https://www.clarks.com/en-gb/kids What about Summer with Team Empowering Send Families? Well, we’ll still be here, sometimes from a different location! 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. Here is that 4-week rule for some light summer reading! Draft consultation regulations Clauses 36, 37, 44, 45 and 46 The local authority need not comply with the time limit referred to in paragraph (2) if it is impractical to do so because— (a) the authority has requested advice from the head teacher or principal of a school or post-16 institution during a period beginning 1 week before any date on which that school or institution was closed for a continuous period of not less than 4 weeks from that date and ending 1 week before the date on which its re-opens; (b) the authority has requested advice from the head of special educational needs in relation to, or other person responsible for, a child’s education at a provider of relevant early years education during a period beginning 1 week before any date on which that provider was closed for a continuous period of not less than 4 weeks from that date and ending 1 week before the date on which it re-opens; (c) exceptional personal circumstances affect the child or his parent, or the young person during the time period referred to in paragraph (1); or (d) the child or his parent, or the young person, are absent from the area of the authority for a continuous period of not less than four weeks during the time period referred to in paragraph one.
- 'School Ready' Helping my Pre-School Child be Ready for School.
What does it mean to be ‘school ready’ for us as parents, and for our under 5s? There’s a lot of talk at the moment on what it means to be ‘school ready’ and of course this will vary from child to child, even more so for children with additional needs. This is, however, more than just ensuring our children are prepared for the changes that school brings. This next stage for them, is also the next stage in our parenting journey. What can you do, what should you do, and what isn’t going to make a difference at this stage? Firstly, try not to let other well-meaning people build up ‘big school’ as an issue. Those comments of “you can’t do that when you go to school”, and “you will have to do this by yourself when you go to school” are not helpful and only serve to increase anxiety. Far better to practise with your child: encouraging them to ask for help with things that they find difficult, and reassuring them that school is where we learn lots of new skills and that’s a good thing. If your child finds it difficult to ask for help you can start to use a visual, for example: Makaton Make the school feel familiar Start to bring the school into view. If you live close by, divert your walks so that you ‘just happen’ to walk past. You can be very matter of fact, “oh look, that’s your new school,” and carry on as you were. Then add in a ‘hook’, “that’s great – it’s really close to the park, we can stop at the park after school, if the weather is good,” no big deal, just a part of your day. You may not be at the local school, so try to drive past as often as you can. Find somewhere that will be a good stop point, a park or coffee shop, for example (if you are providing transport) just to make the journey more familiar. If you can make school somewhere that is more of a day-to-day experience in advance, then it will be far less of a daunting prospect. Practise the morning routine Begin to get your morning routine more in line with getting ready for school in the few weeks before the start of term. This can be as tough on us as it is on siblings if our child is the eldest or hasn’t been going to nursery or childcare regularly in the mornings. Remember that if you have younger children, you will also have to get them ready to leave in all weathers too. A solid routine is essential to keep everyone on track. A now and next approach can help children with this. (Click here to see an example of a now and next board on Amazon.) Getting the school uniform out the night before, school bag by the front door and breakfast bowls on the table before you turn in for the night will make life the next morning a little less fraught. School uniform and labelling School unform, oh the joy of finding unform that isn’t scratchy, that is easy to put on and doesn’t get lost. Our blog here has links for school uniform, including adaptive clothing. It’s a pain, but do put your child’s name in and on everything. Click here for examples of school uniform labels. When everyone has the same jumper, shirt and book bag it’s impossible for adults, let alone a five year old to tell if they have theirs or someone else’s. A name, with a symbol or picture will make it easier for your child to recognise if this belongs to them, and will save any support staff involved from lengthy searches at the end of the school day. Make sure that your child sees this name label and gets used to this before school starts. If they are able to recognise this, it will help. Coats and shoes: build independence It can be extremely challenging for many young children to put on their coat and shoes. They will be expected to do so at least four times each day at school – morning break, lunch, afternoon break and home time. With many children needing help, your child may not always be in the position to receive this help in a timely manner. Practicing at home will make a huge difference, and welly boots are easier to put on than shoes when you first start out. Click here to watch how to teach a child to put on their own coat. Name writing: focus on recognition first Don’t fret about your child being able to write their name before they go to school. If they can recognise their name this will be highly beneficial. Write their name on paper for them to draw on, let them look at the shape that their name makes. This is why your child will recognise shops and logos; they are looking at the shape that the letters make. You can use a multisensory approach, magnetic letters on the fridge door, wooden letters, puzzles in chunky wood to enable them to put the letters in the right order, look for places such as Etsy for personalised items and Crossbow education for multi-sensory resources. Letters and numbers in everyday life Point out letters and numbers in your day-to-day life. Children become fascinated by the usual things that they then realise have other purposes. Car registrations, house numbers, food packets and tins. Rote learning – e.g. counting to 10 - requires meaning – counting numbers slowly as you share a pack of chocolate buttons, cutting an apple and saying, “I’ll share an apple with you, we can have half each and then I’ll cut the half into quarters”. It’s what we do, but an external monologue enables that mathematical language to be used and heard outside of ‘formal’ learning. The ABC song is the bane of many Early Years educators. Please don’t bother with this one. This song teaches children the name of the capital letters, when it’s the sound of these letters that they need to learn. The ‘unlearning’ this requires when teaching children to read is often extensive. Reading: support without pressure Again, reading isn’t an essential skill before your child starts school. They will be taught to read for meaning. Some children are hyperlexic and will ‘read’ through many books, but without comprehension, which causes its own difficulties with expectations and frustration. Use picture books and encourage your child to tell the story using the pictures. When learning to read at school, your child will be looking at the pictures first and then the words. Picture clues are an important part of learning to read. Using an app such as Audible is also an excellent way of supporting reading by listening, and the Nessy App is also a fun way to introduce letters and numbers, whilst supporting how this is taught at school. Self-help and functional skills Many children find it very tricky to undertake self-help functional skills, and children with additional needs especially so. There are lots of things we can do to support them with this, with the expectation that this will be ongoing learning. Dirty faces and using a mirror Does your child recognise when they have a dirty face? This is often seen as a need in Section B of an EHC Plan and is a way not just to explain that a child may not have wiped their mouth after eating – but to also say that they may have a runny nose and not wipe it, which can result in other children having responses to how a child looks that are not kind. Encourage and show your child how to look in the mirror – this is something that children just don’t do because they have no reason to do so. We check that they are clean and tidy, but at school we can’t do this and the staff are busy. Showing, and teaching how to clean up is more important than telling a child to be clean and tidy. Toileting and continence How is toileting going? This can be a huge step for our children and many with SEND struggle significantly with this. There’s a media storm over children starting school in nappies, with huge parent blame attached, and this is unfair. Continence difficulties aren’t new, in my long career in Early Years (stretching back to the mid to late 1980s) children have been starting school who still have toileting accidents or are yet to achieve full continence. I’ve seen children who haven’t had a drink since the previous afternoon, just to ensure they are dry at school, this isn’t bladder control – it’s dehydration. If you are struggling to achieve bowel and bladder control for your child, seek support. Do not rule out a physical or health-based reason, and it’s reassuring to know that achieving full continence takes time, and with support this will happen for most children. The following link for the ERIC charity will be invaluable Eric website Lunch: practical skills and preparation Lunch, this can be another tricky time for those with restrictive medical diets, those with sensory needs, physical difficulties, social, interaction and communication difficulties. This can start with opening the lunch box/bag/packets, carrying a tray of food, cutting food, managing a spoon, and drinking from an open cup, before any eating takes place. Make sure your child’s lunch box/bag/water bottle is easy to identify as being theirs, and is named. Have packed lunch picnics at home to practice opening and closing, adding extras like a paper napkin or sheet of kitchen roll for fingers and face. Look realistically at how much your child actually eats, this will enable you to cater accordingly, and not have a lunch box returning each day full of uneaten mush. Drinking from an open cup Drinking from an open cup can be extremely challenging, notwithstanding knocking over a plastic beaker before drinking even starts! It seems counterintuitive but try a sturdy China teacup and saucer at home and you may be surprised. The added weight provides sensory feedback, and the saucer has indentations that help with placement and keeping in place. The same can apply with a solid China plate. Charity shops are a good place to find something that won’t break the bank should an accident happen. I once kitted out a whole day nursery with crockery from IKEA which worked far better for little ones than flimsy plastic. Ikea link here Cutlery support For support with cutlery look here Naps and sleep routines Are naps still a feature of your child’s day? It can be hard to stop a tired child from having a daytime nap. Unfortunately, it will make it even harder for your child to cope with a full day at school if they are used to that mid afternoon nap. Try to start a sleep hygiene routine a good month before school starts especially for those who nap in the day. Tiredness at school can result in dysregulated responses to requests and demands, and impacts upon the ability to engage. Add to this additional SEND needs and the combination is very difficult for your child and those supporting them. After school: reduce demands Lower all expectations and demands after a day at school, your child will be tired mentally and physically. They are often reluctant to say what they did at school that day, because of overload. Let home be home, a safe place to just ‘be’. Those after school activities may have to wait until your child has settled into their routine. It’s not every adult's choice to go to the gym or learn additional skills after a long day at work – and school is your child’s work. Free play, and relaxing is not detrimental after a long day at school. If you think your child may need extra support Children with additional needs often manage fairly well in the first term in mainstream primary reception class. The curriculum is still kinaesthetic, the expectation to sit still is lower than in future years, and all the children are here to learn new skills. If your child is yet to have an Education Health and Care Plan Needs Assessment, but you believe that they need, or will need additional support at school now is the time to put in for an EHC NA. Click to read about Education Health Care Plan Needs Assessments – the application for an EHC Plan. Undertake this as a parent and you will drive this forward with more dedication and perseverance than any school. Schools have many administrative responsibilities, and yours will not be the only EHC NA they are asked to do. Empowering Families of Children with SEND Ltd has all the resources you need to undertake this. Our webinar provides SEND law over LA policy on the legal test for assessment. We talk you through the process, with scenarios that match many children’s presentation. Our resource pack includes template application letters, backed by appropriate case law, with worked examples for you to follow. Click here for our EHCNA Webinar. Our YouTube channel has extensive support videos including the legal test YouTube and a video just for children to explain about EHC Plans here and one for parents here. 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
- Top Ten Phrases and Words you don’t Want in your EHCP and Why: EHCP Section F Wording
In this blog post, we will discuss how to effectively communicate your child's needs in their Education, Health and Care Plan (EHCP). We will provide examples and suggestions on how to make your EHCP wording more specific, clear, and actionable, as well as highlight the importance of using professional reports to support your child's needs. By the end of this post, you will better understand how to advocate for your child and ensure that their EHCP accurately reflects their needs. Ask your LA to make the changes when you respond to your draft. And remember, LAs often apply policy rather than law, but you can appeal if they do not make the changes you want. 1. 'The setting will' – so who in the setting will be responsible? The setting is an educational placement, not an individual. This type of wording must state the professional job title of the responsible adult—for example, SENDCo. Example: The setting will support the child in the playground at play and lunchtime. Change to: A Teaching Assistant will support the child in the playground at play and lunchtime. 2. 'Subject to review' – review by whom? Provide the job title and professional qualifications of the responsible adult. Remember that provision can be reviewed for success and effectiveness. Still, the provision cannot be withdrawn without an Annual Review, which gives the right to appeal. Example: Freddie will receive Zones of Regulation delivered by a Teaching Assistant, weekly for 1 hour, subject to review. Change to: Freddie will receive Zones of Regulation delivered by a Teaching Assistant, weekly for 1 hour. This will be reviewed by the SENDCo every 6 weeks and adapted as a result of the review. 3. 'Adults', or/and in addition to 'School staff' or 'staff' The term "adults", or even "trusted adults", is vague—because all adults in schools are naturally expected to be trusted. This should instead be phrased as " the child has a trusted relationship with." The job title must be specified, otherwise the EHCP could imply support from any adult in school, including volunteers. Example: Staff will support Claire during all unstructured activities to support communication with her hearing friends. Change to: A Teaching Assistant will support Claire during all unstructured activities to support communication with her hearing friends. 4. 'Should' is often seen alongside 'may.' These are permissive, not directive. Replace with "will" to ensure the provision is binding. Example: Noam should have coloured overlays available in all literacy sessions and whenever needing to read. Change to: Noam will have coloured overlays available in all literacy sessions and whenever needing to read. 5. 'Would benefit from' Everyone "would benefit" from something—this doesn't guarantee it will happen. Replace with "will receive." Example: Caitlyn would benefit from 1:1 support throughout the whole school day. Change to: Caitlyn will receive 1:1 support throughout the whole school day. 6. 'An intervention' – such as? This must specify the named, needs-appropriate programme. Example: Takuma will receive an intervention for emotional regulation each week, for 20 minutes in a group of no more than 4. Change to: Takuma will receive [please name specific intervention] for emotional regulation each week, for 20 minutes in a group of no more than 4. 7. 'Other relevant professionals' Who are they, and who is responsible for referring or involving them? Example: Advice will be sought and implemented from other relevant professionals. Change to: Advice will be sought and implemented from a qualified [name of professional identified in reports]. 8. 'Opportunities' Vague and non-committal. What kind of opportunities? Who is responsible for them being implemented? Example: A Teaching Assistant will provide opportunities for Jake to read daily for a minimum of 5 minutes daily, on a 1:1 basis. Change to: A Teaching Assistant will read with Jake daily for a minimum of 5 minutes daily, on a 1:1 basis. 9. 'As and when required' By whom? Based on what judgment? Specify the minimum. Example: Esme will be provided with a laptop as and when required. Change to: Esme will be provided with a laptop for all written tasks throughout the school day. 10. 'Access to 1:1' All children in school technically have access to 1:1 at times. If your child requires consistent or ongoing 1:1, this must be supported by clear professional reports with details of the adult-to-child ratio. Remember: By law, Sections B and F (as well as health and social care sections) can only include content based on professional reports. Parental views, wishes, and requests are included only in Section A. 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 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.
- Health & Social Care in an EHCP
We usually focus on the education part of Education, Health and Care Plans, but in this blog we are turning our attention to health and social care. The Health and Social Care Sections in an EHCP are: C – Health Needs D – Social Care Needs G – Health Provision H – Social Care Provision Health sections must be agreed by the responsible commissioning body (usually the integrated care board) not the Local Authority. Once health care provision is agreed and specified in Section G of the EHC plan, it is the legal duty of the responsible commissioning health body to arrange it. This is set out in section 42(3) of the Children and Families Act 2014. Social care needs and provision will be identified via a social care assessment and provision set out inSection H1 and H2 must be provided by your local authority. Does Health and Social Care Ever go in Sections B and F (the education sections)? The short answer is yes! Health and social care needs and provision can sometimes be treated as educational provision. When this is the case, the needs are detailed in Section B (rather than C or D) and the provision is detailed in Section F (rather than G or H). Health and social care needs are treated as a special educational need when they relate to education or training for the child or young person (Section 21(5), Children and Families Act 2014). Health and social care provision is treated as special educational provision when it provides education or training for the child or young person (SEND Code of Practice 2015, paragraphs 9.73–9.74). Common examples of this include Speech and Language Therapy and Occupational Therapy needs and provision. These are considered educational needs and provision, and must be included in Sections B and F of an EHCP. Key case law is X & Anor v Caerphilly County Borough Council & Anor [2004] EWHC 2140 (Admin) at [19], which states that “Speech and Language Therapy should normally be regarded as educational provision unless there are exceptional reasons for not doing so”. What Can I Do if I Am Not Happy with Health or Social Care in an EHCP? Health and social care needs and provision in an Education, Health and Care Plan can be appealed at the First-tier Tribunal in conjunction with an educational element of the EHCP (Section B, F and/or I). However, the Tribunal can only make non-binding recommendations for health and social care rather than legally binding orders. When Tribunals make recommendations, local authorities and health commissioners rarely ignore them, as this would be likely to result in a successful Judicial Review. If the health or social care needs or provision educate or train and have been omitted from Sections B and F, they can be directly appealed to the First-tier Tribunal as an educational element. Understanding whether health and social care provision belongs in the education sections of an EHCP (B and F), the health sections (C and G), or the social care sections (D and H) is complicated, and you are likely to need professional support to understand this. For more information on appealing the contents of an EHCP, please see this blog. For more details on the key health and social care sections of the EHCP see below: Section C – Health Care Needs - This section is for the identification of health care needs that relate to a child’s SEND (see SEND Regs 2014 (12)). The Integrated Care Board (ICB) may also choose to specify other health care needs that are not related to the child or young person’s SEN (for example, a long-term condition that might need management in a special educational setting), but this is not legally required. Section D – Social Care Needs - This section is for the identification of social care needs that relate to a child’s SEND (see SEND Regs 2014 (12)). The local authority may also choose to specify other social care needs that are not linked to the child or young person’s SEND, but this is not legally required. Section G – Health Care Provision - Section 37 of the Children and Families Act 2014 states that Section G must specify any health care provision reasonably required by the learning difficulties or disabilities that result in the child or young person having SEN. Health care needs, such as routine dental check-ups, are unlikely to be reasonably required (paragraph 9.69 of the Code of Practice). Provision must be detailed and specific and should normally be quantified, for example, in terms of the type of support and who will provide it. The LA and ICB may also choose to specify other health care provision reasonably required by the child or young person that is not linked to their learning difficulties or disabilities, but which should be co-ordinated with other services in the plan. The health care providers must agree to the provision and fund it (Section 42(3), Children and Families Act 2014). Section 42 of the Act and paragraph 9.141 of the Code set out the duties on the health service to maintain the health care provision in the EHC plan. Section H1 – Social Care Provision - Section 37 of the Children and Families Act states that Section H1 must specify any social care provision required from social services under the Chronically Sick and Disabled Persons Act 1970, and/or reasonably required by the learning difficulties or disabilities that result in the child or young person having SEN. Section H2 – Social Care Provision - Section H2 must include only services that are not provided under Section 2 of the Chronically Sick and Disabled Persons Act 1970. This is likely to include provision identified through: early help children in need assessments safeguarding assessments for children The local authority may also choose to specify in Section H2 other social care provision reasonably required by the child or young person that is not linked to their learning difficulties or disabilities, such as: child in need plans child protection plans provision meeting eligible needs set out in an adult care plan, where it is unrelated to the SEN but appropriate to include in the EHC plan. For further detail on EHCPs please see this blog. 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 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.
- Moving to a New Local Authority with an EHCP
What families need to know Moving house can be exciting, stressful, and overwhelming all at the same time. When your child or young person has an Education, Health and Care Plan (EHCP), it’s natural to worry about what will happen to their support, school placement, and the hard-won provision that has taken so much time and effort to secure. The good news is that moving to a new local authority (LA) does not mean starting from scratch. There are legal protections in place to ensure your child’s EHCP continues and that support should remain in place during the transfer process. In this blog, we explain what happens when you move to a new local authority, what families can expect, and what additional considerations apply if you are currently involved in a SEND Tribunal appeal. What Happens to the EHCP When We Move? If your child or young person has an EHCP and you move permanently to a different local authority area in England, responsibility for maintaining the EHCP transfers from your old local authority to the new one. The old local authority must transfer the EHCP: On the day you move if they received at least 15 working days’ notice of the move. Within 15 working days of becoming aware of the move if less notice was given. Once the transfer takes place, the new local authority becomes responsible for the EHCP and must treat it as though it originally issued the plan. Will My Child Lose Their Support? In law, the answer is no. The new local authority takes on responsibility for delivering the special educational provision specified in Section F of the EHCP. This duty applies from the point the EHCP transfers to the new authority. This means that your child’s identified provision should continue while the new authority reviews the plan and considers any future amendments. If attending the school named in the existing EHCP is no longer possible because of the move, the new local authority must arrange suitable alternative educational provision until the plan is amended. Will the New Local Authority Review the EHCP? Usually, yes. The new local authority is expected to review the EHCP after transfer. Following that review, they may decide to: Maintain the plan as it is. Amend the plan. Carry out a reassessment in some circumstances. A move does not automatically mean your child’s needs have changed. However, local authorities often wish to review plans to understand the child’s current circumstances and educational arrangements. This is why it is important for families to keep copies of: Professional reports. Annual review paperwork. Previous tribunal decisions. Evidence demonstrating your child’s needs and required provision. Having these documents readily available can make the transition much smoother. Moving During a SEND Tribunal Appeal Moving to a new local authority whilst an appeal is ongoing can add an extra layer of complexity. If you are in the middle of a SEND Tribunal appeal and move to a different local authority area, you should inform the Tribunal as soon as possible. The Tribunal will usually notify the new local authority and may substitute them as the respondent in the appeal. In effect, the new authority can take over responsibility for the case. Appeals About the Contents of an EHCP Where the appeal concerns Sections B, F or I of the EHCP, the Tribunal will often pause the appeal to allow the new local authority to complete the EHCP transfer and review process. This can unfortunately cause delays, particularly where the new authority wishes to review or reassess the plan before the appeal progresses. Once the transfer process has been completed, the appeal can usually be reinstated if disputes remain. The previous local authority would generally take no further part in the proceedings. Appeals About Refusal to Assess or Refusal to Issue If the appeal relates to a refusal to carry out an EHC needs assessment or a refusal to issue an EHCP, the new local authority will usually be substituted into the appeal more quickly. The Tribunal will issue a revised timetable and the appeal can continue against the new authority. Why Early Planning Matters If you know a move is likely during an ongoing appeal, obtaining specialist advice early can help you: Understand potential delays. Preserve important evidence. Ensure the Tribunal is informed promptly. Consider whether requests should be made to minimise disruption to the appeal process. Top Tips for Families 1. Tell Both Local Authorities Early As soon as your move is confirmed, notify both the old and new local authority SEN teams in writing. The more notice you provide, the smoother the transfer process is likely to be. 2. Create Your Own EHCP File Keep copies of: The current EHCP. Previous EHCP versions. Annual review paperwork. Professional reports. School records. Tribunal documents and decisions. Never assume information will automatically transfer between services. 3. Research Schools Before You Move If there is a possibility that a school change will be required, start exploring options early and gather information about suitable provision. 4. Keep a Record of Communication Maintain a simple log of: Emails sent. Telephone calls. Meetings. Promises made by professionals. Good records can be invaluable if there are disputes later. 5. Check That Provision Is Being Delivered After the EHCP transfers, monitor whether support is actually in place. If provision is missing, raise concerns promptly and in writing. 6. Don’t Assume Your Tribunal Appeal Will Disappear or Carry on Without Delays A move does not automatically end an appeal, but it can affect how it proceeds. Make sure the Tribunal is aware of any change of address or local authority as soon as possible and be prepared for the appeal process being delayed. 7. Seek Support Early Moving house is stressful enough without having to navigate SEND law alone. Empowering Families of Children with SEND can help you during the process of moving LA with an EHCP during the appeal process. Early support can help families understand their rights and avoid unnecessary delays. Please contact us at appeals@empoweringSENDfamilies.co.uk for more information Final Thoughts Moving to a new local authority with an EHCP can feel daunting, particularly when you have worked so hard to secure the right support for your child or young person. While the process can sometimes be challenging, the law provides important protections to ensure that EHCPs transfer and that educational provision continues. Preparation is key. Keeping organised records, communicating early, and understanding your rights can make a significant difference and help ensure your child remains at the centre of decision-making throughout the move. At Empowering Families, we understand that every family’s circumstances are unique. If you are planning a move or experiencing difficulties following a transfer to a new local authority, seeking advice early can often prevent problems from escalating and help ensure your child continues to receive the support they need. Further Information Department for Education: EHC plans when a child or young person moves 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 appeals@empoweringSENDfamilies.co.uk 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.










