This is my first blog about the infamous EHCP. This subject is massive and I am not going to be able cover all my thoughts in one blog, without turning this into a novel. I cannot say it would be an interesting novel either.

You may have read recently leaked government plans to overhaul EHCPs, particularly reviewing them when the student reaches a transition point in their educational journey, i.e. primary to secondary. It is true that the number of EHCPs is increasing, but our understanding of special needs is changing. Our understanding of how autism presents itself in women and girls is changing, and medical professionals are now more educated in how it presents itself…. More on that when I publish my research project.

Before this girls were classed as hysterical, awkward or difficult. They were left to flounder in the education system and often came out damaged or traumatised. It took me over 15 years to recover from my traumatic time in education to become an effective functioning adult, with the help of a lot of therapy and support. I do not want that for my daughter.

So, let me tell you the truth about EHCPs, they are not easy to attain. In fact not even buying a house, having an extension, dealing with financial troubles or having a baby by c-section when my husband’s leg was in plaster, was not as stressful as the EHCP process. My husband and I are both very literate, with friends who work in special needs, we were at an advantage, compared with someone who is less literate or does not have support. It feels like they are being set up to fail.

I can only speak about my experience with my local council. In 2023 Ofsted found systematic failure in SEND support in the county, and it does have a reputation for not being very parent friendly. It appears that where possible it will not approve an EHCP when first submitted, instead saying that the school will make reasonable adjustments to suit the needs of the child, as per its Code of Conduct, more about that later.

And this is where the issues lie, this is why we pushed for the EHCP. We know that schools do not always make adjustments or accommodate needs. In secondary school it takes one teacher who does not ‘get’ special needs or is not aware of the need to say something to a SEND child and we have a school refuser. This is particularly true of autistic girls. M had proved such behaviours in primary school, when a teacher said something directed at the whole class, she took it straight to heart and refused to go into a classroom with him. I am not going into the behaviours around this but let’s just say we got to the point of self harm. I had seen what not having an EHCP could do to a child, my friend’s child met unsupportive teachers when she began secondary school, became traumatised and did not attend school for over a year. She is now doing well at school with the correct support in place.

My aim of the EHCP for M was to keep her in full time education, and I was willing to do whatever it took to make it a happen. I was unsurprised that our application was at first rejected but what I wasn’t ready for was what would happen next. This was in the form of mediation, and it was one of the most painful few months I have experienced.

What people don’t understand is that what the law says about EHCPs and the guidance which local authorities (LAs)  are two very different things. Local authorities will try and use the guidance to avoid even assessing for an EHCPs, but the steps they take do not stand up in court, as the guidance for LAs do not match the legislation. Legally an LA must carry out a EHCP assessment if

-you ask for an assessment

-your child MAY have an special Educational Need

-your child may benefit from an EHCP.

(Scope, 2025)

However, the guidance for LAs in the Code of Conduct for SEND states that most student’s needs can be met without an EHCP in mainstream schools, this grossly underestimates the capacity of mainstream schools. There is a lot of language such as ‘may’ and ‘when it considers’ (Special Educational Needs and Disability Code of Practice, 2015) putting the emphasis on the opinion of the LA, difficult to take seriously if your LA is in special measures. The law says the LA must carry out an assessment if they meet the above criteria.

In my next EHCP blog, I will share my experience in mediation. Let me warn you, it ain’t pretty. I will also be blogging about what the EHCP means for M and what it provides her. Let me assure you, it is not about money, it is about making sure she has in place what she needs to stay in full time education and becomes our stick if the school are not providing the support she needs, when she needs it.

Scope (2025) https://www.scope.org.uk/advice-and-support/applying-for-ehcp-without-educational-psychologist-report

Special Educational Needs and Disability Code of Practice (2015) https://assets.publishing.service.gov.uk/media/5a7dcb85ed915d2ac884d995/SEND_Code_of_Practice_January_2015.pdf