This case study shows how the SENDIASS helpline can be used to

• Listen to a Parent to understand an issue.

• Give practical information on their rights.

• Give next step options.

A parent called the helpline. They had to move their family very quickly and have moved into the Manchester area.

The parent’s primary school aged son with a high level of need, was on the Autistic spectrum and needing a school placement.

Their former school had told the parent that they were going to apply for an EHCP needs assessment, but the parent had to re-locate before this took place.



On arrival in Manchester, the parent contacted school admissions, who allocated a place at a local primary school but after an initial visit the school stated they could not meet need and therefore could not admit. This meant that although the child was effectively of statutory school age, they were not receiving any education.

SENDIASS briefly out lined the parents’ rights verbally and then backed this up in email form.

From the discussion on the helpline, it was established that the parents’ next steps would need to be:

1. Obtain a school place.
2. Look at getting the child on the SEN register at their new school and receive SEN support.
3. Talk to the new school about an EHCP application request to be assessed.
4. Apply for a Specialist school placement if the child receives an EHCP and it is appropriate to support their needs.

SENDIASS then sent an email going into more detail on the above four steps:

To get back in touch with school admissions to tell them the school offered are saying they cannot admit . SENDIASS explained on the phone that the child has the right to an education and Section 19 of the Education Act places a duty on the Local Authority / LA to find an educaton for the child.  (Fact sheet 18 on this duty and the parents’ rights was attached).

If still struggling to get access to a school the parent can contact SENDIASS again and can also raise this issue with other parties such as the admissions team. In the case where the child is not in education for a period of time, the parent can also raise concerns via :

Manchester City Council Complaints 

Manchester City Council Official Complaints   

Find your Local Councillor – Follow this link and type in your postcode.

Find Councillor (manchester.gov.uk) 

and your Local Councillor

Checking whether a child is on the SEN register and that is the first thing to be addressed. Once in school, talk with the school SENCo whether the child is on the SEN register.

What is a SEN / Special Educational Need? 

Section 20 Children and Families Act 2014 (When a child or young person has special educational needs) 

1

A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her. 

2

A child of compulsory school age or a young person has a learning difficulty or disability if he or she — 

a.      has a significantly greater difficulty in learning than the majority of others of the same age, or 

b.      has a disability which prevents or hinders him or her from making use of facilities of a kind provided for others of the same age in mainstream schools or mainstream post-16 institutions. 

3

A child under compulsory school age has a learning difficulty or disability if he or she is likely to be within subsection (2) when of compulsory school age (or would be likely if no special educational provision were made). 

4

A child or young person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been spoken at home. 

Schools have a duty to use their best endeavours to secure Special Educational provision for children with Special Educational Needs. Section 66 Duty to make best endeavours (https://www.ipsea.org.uk/the-best-endeavours-duty)  

There is funding available without the need of an EHCP (Education Health & Care Plan) - 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. The Code refers to four broad areas of need:  

• Communication and interaction.  
• Cognition and learning.  
• Social, emotional and mental health.  
• Sensory and/or physical needs.  

The school should use a graduated approach following the cycle of Assess, Plan, Do and Review:  

Assess:  

The class teacher or subject teacher (working with the SENCO) is responsible for carrying out a clear analysis of a pupil’s needs, drawing on teacher assessments and experience of the pupil.  

Plan:  

Where it is decided to provide a pupil with SEN Support, the parents must be notified. 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 class or subject teacher should work closely with any teaching assistants or specialist staff involved and the SENCO should support the class or subject teacher.  

Review:  

Reviews should take place and inform feed back into the analysis of the child’s needs. The Code is not prescriptive about how often reviews should take place, but given the Code suggests schools should meet with parents three times a year, good practice would indicate that such reviews will be at least termly. The decision to involve specialists can be taken at any time and should always involve parents.  

Where, despite the school having taken relevant and purposeful action to identify and meet the pupil’s needs, the pupil is still not making expected progress, the school should consider requesting an Education, Health and Care needs assessment. (The parents or young person are also entitled to make such a request.)  

More information is available on SEN support in Early years , mainstream schools and post 16 settings in the IAS factsheet page on the SENDIASS website : https://www.iasmanchester.org/copy-of-factsheets  

In some cases, a child’s needs are so profound that an EHC (Education Health Care) needs assessment is carried out immediately but in most cases the school will look at SEN support to meet need progressing to an EHC needs assessment. This can be frustrating for some parents, but it does make sense. An EHC needs assessment is also known as a Statutory Assessment (Statutory meaning that there are regulations to be followed) When an EHC needs assessment is applied for the Local Authority / LA (Local Authority) need to decide whether they are going to carry out an assessment – there is a piece of law that guides that acts as attest as to whether assessment is carried out (36 (8) Children’s and Families Act). The LA must consider. 

• whether the child or young person has or may have special educational needs (“SEN”); and 

• whether they may need special educational provision to be made through an EHC plan. 

If the answer to both questions is yes, they must carry out an EHC needs assessment.

As you can see this legal test means that a lot of children with a SEN could get an assessment but there is another test that the LA considers later.

Carrying out an assessment does not automatically lead to an EHCP being issued – after carrying out an assessment 37(1) of the Children’s and Families Act states that 1)  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: We tend to find that if the LA have not been able to see enough evidence that an EHCP is required then they can refuse to issue a plan.

If the LA refuse to issue a plan the Parent can challenge this decision at Tribunal, but the burden of proof is on the parent to show why it is necessary for the Special Educational Provision/SEP required by the child or young person to be set out in an EHC plan, what the required SEP is, and whether the school or other setting can or will provide it.

The more evidence you have the better and that is why it is worth speaking to the school before applying for an EHC needs assessment. If the school carry out several cycles of assess, plan, do review (see notes on SEN support) and have other evidence such as an up-to-date Educational Psychology report and access to reports from any other involved professional it will help the LA to carry out a much richer assessment.

I just want to apply for an EHC needs assessment – how do I do it?

As stated, ask school / setting to apply but if they can’t or won’t or you want to apply independently that’s fine – SENDIASS have a pack to help – follow thishttps://www.iasmanchester.org/copy-of-factsheets and download our Apply for an Education Health and Care Assessment. 

The SENDIASS Fact sheet 48 contains information about the rights parents have to request a setting of their preference and the relevant law surrounding this.

The case is currently open to SENDIASS, and the parent will look to check in with School admissions to get a place at school.

SENDIASS as required will consult with Manchester Senior School Quality Assurance Advisors should the issue of the school refusing to admit persist.

The helpline is especially useful to parent as it allows SENDIASS to respond quickly (normally same day and usually same morning or afternoon) and give practical next steps advice.

The back up of email information can help parents better understand their rights and make informed choices. The parent can call back as often as is needed if further help or information is required.

Having a service with a fast response time also ensures less worry and anxiety as responses are quick and can lower concerns immediately.

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