Much like many of you who have visited this page, my journey into send law began when my eldest son, began struggling in his mainstream school. Diagnosed with Autism Spectrum Disorder, H, was a bright child with limited social skills and significant sensory challenges. As the years went by, his attendance at school dropped and his outbursts at home increased. We begged and begged the school for help. “we’re doing all we can” was the common phrase. Except they weren’t. Because there was nowhere there to hold them accountable for their failings. I had asked year on year for the school to make an application to the Local Authority for an EHCNA (Education Health Care Needs Assessment). Each time I was told he wouldn’t meet the criteria. His needs weren’t significant enough.
Then one day, when H was in year 4, we were finally told we could apply for an EHCNA ourselves!! That’s right! You don’t need to wait for school, nursery or other professionals, a parental application is just as valid. And this ‘criteria’?
Section 36(8) of the Children and Families Act 2014 states:
(8) The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—
(a)the child or young person has or may have special educational needs, and
(b)it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
A parental application was made, assessments completed and after a brief mediation following a refusal to issue, my sons plan was drafted, amended, finalised and a SEN school placement secured.
SEND Law quickly became a passion of mine.
Since then, I’ve made 2 more parental applications for my other children, supported friends with their applications, draft amendments and other meetings surrounding their child’s special educational needs.
Additionally, I have successfully completed numerous DLA forms both for my own children, and those of friends and family to ensure that each child gets the support that they deserve.
I started Compass Advocacy SEND to help other parents, not only through the EHCP process, but with navigating SEND parenthood in general. While my aim will be to help you to secure your child the support they deserve, I will also give you the tools, knowledge and belief in yourself so that next time you face these same challenges, you are empowered to tackle these yourself.
I have recently completed the IPSEA SEND Law training at Levels 1, 2 and 3.
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