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One of the topics people often ask our FamilyLine team for guidance about is their child’s Education, Health and Care plan (EHCP), and more specifically what to do if the child’s school isn’t following it correctly. In this article, the FamilyLine team share their guidance on the steps to take to approach this sometimes tricky situation in the most positive way possible.
Let’s start with a brief refresher on the EHCP:
- It outlines the special educational needs of a child or young person up to the age of 25, along with the support they need to achieve the desired outcomes.
- It’s a legally binding document, so schools must follow it.
- It’s reviewed yearly to make sure it accounts for any changing needs.
Read more about exactly what an EHC plan is, what goes in to it and how to get one in this information from the Council for Disabled Children.
Do you live in Wales, Scotland or Northern Ireland?
Wales, Scotland and Northern Ireland don’t use EHCPs. Here are the different documents local authorities supply instead, along with a link to more information:
- Wales: Individual Development Plan (previously Statement of Special Educational Needs)
- Northern Ireland: Statement of Special Educational Needs
- Scotland: Co-ordinated Support Plan
Now let’s go over the steps to take if your child’s school isn’t following their EHCP.
Keep written records of all conversations. Try to send emails instead of making phone calls, so there’s a clear trail of all contact between you and the school.
Step one – talk to the SEN Coordinator
Every school will have a SEN or SEND Coordinator (often shortened to SENCO or SENDCO respectively). This is the teacher who’s responsible for assessing and monitoring children with SEND. Get in touch with them and arrange a meeting to establish why the school isn’t following the EHCP. What’s happening to affect this?
The most important thing is to keep written records of all conversations. Try to send emails instead of making phone calls, so there’s a clear trail of all contact between you and the school. It’s also best to make notes or request that the school records any meetings so there’s a record of the action points that come out of them.
The FamilyLine team says the most common reason they’re aware of for schools not following EHC plans is funding. Any extra support children need comes out of the school’s budget, which may already be tight. That can sometimes result in schools not having enough staff to be able to provide 1-to-1 support where it’s needed.
Alternatively, they may use a person who is meant to be working 1-to-1 with one child to support other children too, so they’re no longer offering 1-to-1 support. It might also be that there’s a different person offering the 1-to-1 support each time, which can be a problem for many children, but particularly those with autism.
Another possible situation is the school might say they’re following the EHCP but you know they’re not. For example, your child might come home distressed because they weren’t able to complete their test as their 1-to-1 support was helping someone else. Document situations like this, so you can take them to the school and ask why it happened.
Build a relationship with the SENCO and work with the school
If you’re looking for support because the school isn’t following your child’s EHCP, you may feel it’s a bit late to start building a relationship with the SENCO. But bearing this in mind for the future, and making sure any meetings you have with the school regarding your child’s EHC plan are tackled as positively as possible, can be beneficial in the long term.
For example, if there’s a new SENCO at your child’s school, arrange to meet with them to make sure they’re aware of your child’s needs. This can be particularly valuable if your child internalises their emotions instead of having meltdowns in school. Your child’s school might be able to arrange a behaviour book, where each day the teacher writes the challenges your child faced and what happened, allowing you to support them when they come home. Then you describe how your child’s evening was and that goes back to school. It can be a great way of communicating with the school, particularly with children who only have meltdowns at home where they feel safe and comfortable.
Having a good relationship with the SENCO may come in handy when it comes time to do the EHCP annual review. This is because sometimes the parent or carer might believe something should be added to the plan but the school doesn’t agree. If the SENCO is already familiar with your child’s needs, it will be easier when it comes time to share the evidence you’ve collected from your child’s GP or healthcare providers to explain how your child is struggling and therefore why you want to add to the EHCP.
Try and work with the school in a positive way as much as possible. Even though it’s a very stressful and frustrating situation, getting angry or losing your temper will likely make you feel worse in the long run. It could also make it harder to work with the school effectively.
Having a good relationship with the SENCO may come in handy when it comes time to do the EHCP annual review.
What to do if you need to take it further
If you feel nothing has changed after your first step of meeting with your school’s SENCO, your next steps are:
- Step two – speak to the school’s head teacher: Explain the situation clearly and ask what will happen next. As when you met with the SENCO, make sure you take notes.
- Step three – contact the board of governors: Use all the notes you’ve taken so far to outline the situation, explaining that the EHCP is not being followed and including what you agreed with the school.
- Last resort – make a complaint to the education department in your local authority: It’s important you can show you’ve tried everything you can to make a change before complaining, which is why we keep mentioning taking notes. If making a complaint feels daunting, or you’re unsure how to write a complaint letter, the Independent Provider of Special Education Advice (IPSEA) has template letters on their website that you can download and edit to fit your needs.
Helpful links and more support
- Child Law Advice – free legal advice
- IPSEA – free legal guides and template letters
- Contact – information and support on a range of topics for families with disabled children
If you still need further support, contact FamilyLine and we’ll go through your options.
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