EHCP for ADHD

If your child has been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), you may already be familiar with the challenges it can bring, especially when it comes to school. 

ADHD can make it difficult for children to focus, follow instructions, and manage their impulses, which can lead to struggles in the classroom. If your child is experiencing these issues but has not yet received an official ADHD diagnosis, we can offer a private ADHD test for London, Oxford and surrounding areas.

As a parent, it can be worrying to see your child face these difficulties, but it’s important to know that with the right support, they can thrive. It can be particularly challenging to receive support for all your child’s educational needs if they require support for co-occurring autism and ADHD (AuDHD). For more on testing for AuDHD, read our article ADHD and Autism Test.

Children with ADHD are often bright and creative, but the traditional school environment doesn’t always cater to their unique ways of learning. That’s why understanding the impact of ADHD on education is crucial—it allows you to seek out the right support that can help your child succeed academically and socially.

The Importance of Tailored Support for Your Child

Every child with ADHD is different, and what works for one child might not work for another. This is why tailored support is so important. Tailored support means that the strategies and interventions are specifically designed to meet your child’s individual needs, helping them overcome the specific challenges they face in their learning journey.

This support can range from small changes in the classroom, like seating arrangements or extra time on tests, to more comprehensive help such as one-on-one assistance or specialised teaching methods. The goal is to create an environment where your child can flourish, feel confident, and achieve their best.

What is an EHCP and How Can It Help?

You may have heard about an Education, Health, and Care Plan (EHCP) and wondered whether it could be the right step for your child. An EHCP is a detailed document that outlines all of your child’s educational, health, and social care needs and, importantly, the support required to meet those needs.

The EHCP is designed to ensure that your child receives coordinated support across all areas of their life, not just at school. It’s a plan that involves input from teachers, healthcare professionals, and, of course, you as a parent. Together, this team works to ensure your child has everything they need to succeed, both in and out of the classroom.

The idea of applying for an EHCP might feel daunting, but it’s a powerful tool that can make a significant difference in your child’s educational experience. An EHCP is regularly reviewed and adjusted as your child grows and their needs change, ensuring that the support they receive remains relevant and effective.

In this guide, we’ll walk you through everything you need to know about EHCPs for children with ADHD. Whether you’re just starting to consider an EHCP or are in the process of applying, this article will provide you with the information and reassurance you need to make informed decisions for your child’s future.

Funding for SEN Support in Schools

When it comes to supporting children with Special Educational Needs (SEN), schools in the UK receive specific funding to help provide the necessary resources and support. 

By understanding how funding works, you can better advocate for your child and make sure they’re getting the support they need to succeed.

There are a few key sources of funding for SEN:

Core School Budget: Every school gets a core budget from the government, and part of this budget is set aside specifically for SEN. This is called the notional SEN budget, and it’s meant to help schools support all students who have additional needs.

Additional Funding (Top-Up Funding): Sometimes, a child’s needs go beyond what the school’s core budget can cover. In these cases, schools can apply for extra money, known as top-up funding, from the local authority. This additional funding is for children who need more intensive or costly support.

Pupil Premium: Schools might also receive Pupil Premium funding for children who qualify, such as those eligible for free school meals or those in care. While this isn’t specifically for SEN, it can be used to support children with additional needs, including those with ADHD.

Understanding the Impacts of Funding Allocation 

The way funding is divided up can have a big impact on the kind of support your child receives at school. Schools have to spread their notional SEN budget across all the children who need extra help, which means resources can sometimes be a bit stretched. 

For children with more significant needs, schools might need to apply for additional top-up funding to make sure they’re getting the right level of support.

The amount of funding a school receives can also depend on the local authority, so the support available might vary depending on where you live. Knowing how funding works can help you ensure that your child gets the support they deserve.

The Role of the EHCP in Securing Additional Funding

An Education, Health, and Care Plan (EHCP) can make a big difference when it comes to securing the funding needed for your child’s support. With an EHCP, the local authority has a legal duty to provide the resources outlined in the plan, which often means giving the school extra funding.

When your child is assessed for an EHCP, the plan that’s created will spell out exactly what support they need, whether that’s one-on-one assistance, specialised equipment, or specific therapies. The local authority then provides the necessary top-up funding to the school to make sure these needs are met.

So, an EHCP doesn’t just detail the support your child is entitled to—it also helps ensure that the funding is there to back it up. This can be especially important for children with ADHD, who might need more tailored support to really thrive in school.

Does ADHD Count as Special Educational Needs (SEN)?

As a parent of a child with ADHD, you might be wondering whether their condition qualifies as Special Educational Needs (SEN). The short answer is yes, ADHD can definitely be considered an SEN. But let’s break that down a bit to understand what it really means.

Special Educational Needs (SEN) is a term used to describe children who need extra help or support in school beyond what’s normally provided to other students. This could be due to a variety of reasons, including learning difficulties, physical disabilities, or, in this case, neurodevelopmental conditions like ADHD. Because ADHD affects how your child learns and behaves in school, it falls under the SEN umbrella.

How ADHD Qualifies Under the SEN Definition

ADHD is recognised as a condition that can impact a child’s ability to learn in a typical classroom setting. Children with ADHD might struggle with concentration, following instructions, staying organised, or managing their behaviour—all of which are essential for success in school. These challenges mean that children with ADHD often require extra support to meet their educational goals.

Under the SEN definition, any child who has significantly greater difficulty in learning compared to others of the same age, or who has a disability that hinders them from making use of general educational facilities, is considered to have SEN. Since ADHD can significantly impact a child’s learning and school experience, it qualifies as SEN.

This qualification is important because it means your child is entitled to additional support tailored to their specific needs. Schools have a responsibility to identify children with SEN and provide appropriate interventions to help them succeed.

The Role of Schools in Identifying and Supporting SEN

Schools play a central role in identifying and supporting children with SEN, including those with ADHD. Teachers and staff are often the first to notice if a child is struggling in certain areas, and they are responsible for initiating the process of getting the right support in place.

If your child has been diagnosed with ADHD, the school should work with you to develop a plan that addresses their specific needs. This might involve creating an Individual Education Plan (IEP) or applying for an Education, Health, and Care Plan (EHCP) if more extensive support is required.

The school’s SENCO (Special Educational Needs Coordinator) is usually the key person in this process. They’ll work with teachers, you as the parent, and sometimes external specialists to ensure that your child receives the support they need. This could include adjustments in the classroom, such as seating arrangements or extra time during tests, as well as more structured interventions like behavioural support or one-on-one assistance.

If you have a supportive school/SENCo, they will support you and your child on this journey. However, due to resources being stretched in a lot of schools, help may not be forthcoming unless you ask for it and make a case for it, so don’t hesitate to reach out and ask for the assistance your child is entitled to.

What Support is Available for ADHD?

If your child has ADHD, it’s natural to wonder what kinds of support are available to help them thrive at school. The good news is that there are a variety of strategies, accommodations, and resources designed to meet the unique needs of children with ADHD. These supports can make a big difference in helping your child manage their symptoms, stay focused, and succeed academically.

The support your child receives may come from within the school, through classroom accommodations and specialised teaching strategies, as well as from external services that can provide additional help and guidance. The key is to find the right mix of support that works for your child’s specific needs.

Classroom Accommodations and Strategies

In the classroom, there are several accommodations and strategies that can help children with ADHD stay engaged and perform their best. Here are some common ones:

1. Flexible Seating: Allowing your child to sit in a position that suits their focus, such as near the teacher or away from distractions, can make a big difference. Some children with ADHD benefit from movement, so flexible seating options like standing desks or fidget tools might be offered.
2. Extended Time on Tests and Assignments: Children with ADHD may need extra time to complete tasks, especially in a testing situation. Schools can offer extended time to reduce the pressure and allow your child to fully demonstrate their knowledge.
3. Breaks and Movement Opportunities: Regular breaks during lessons can help children with ADHD manage their energy and stay focused. Teachers might also incorporate movement into learning activities to keep your child engaged.
4. Clear, Step-by-Step Instructions: Breaking down tasks into smaller, manageable steps can help children with ADHD better understand what’s expected of them. Visual aids or written instructions can also be helpful.
5. Positive Reinforcement: Teachers can use positive reinforcement strategies to encourage good behaviour and focus. This might include a reward system or regular praise for effort and achievements.
6. Individualised Support: Some children with ADHD benefit from having a teaching assistant or learning support staff member work with them one-on-one or in small groups to provide additional guidance.

These accommodations aim to create a supportive and understanding classroom environment where your child can learn effectively, despite the challenges of ADHD.

External Support Services and Resources Available for ADHD

In addition to the support your child receives at school, there are also external services and resources that can provide valuable help:

1. Behavioural Therapy: Behavioural therapy, such as Cognitive Behavioural Therapy (CBT), can help children with ADHD develop strategies for managing their symptoms, improving focus, and coping with challenges both in and out of school.
2. Parent Training and Support: There are programmes available that offer training and support for parents of children with ADHD. These programmes can equip you with tools and techniques to better support your child at home and collaborate with their school.
3. ADHD Coaching: ADHD coaches work with children and teens to help them develop organisational skills, time management, and effective study habits. This can be particularly useful for older children as they move towards greater independence.
4. Support Groups: Joining a support group for parents and children with ADHD can provide valuable emotional support, practical advice, and a sense of community. These groups often share resources and strategies that have worked for others in similar situations.
5. Healthcare Professionals: Regular consultations with healthcare professionals, such as a paediatrician or a child psychologist, can ensure that your child’s ADHD is being managed effectively. Medication, if appropriate, can also be monitored and adjusted as needed.
6. Online Resources and Apps: There are many online resources, apps, and tools designed to help children with ADHD stay organised and focused. From educational games to planners and reminders, these resources can be a helpful supplement to traditional support methods.

By combining the right classroom accommodations with external support services, you can create a well-rounded plan that addresses all aspects of your child’s ADHD. This holistic approach can empower your child to reach their full potential both in school and beyond.

Can You Get an EHCP with ADHD?

If you’re wondering whether your child with ADHD can get an Education, Health, and Care Plan (EHCP), the answer is yes, it’s definitely possible. However, whether an EHCP is granted depends on whether your child’s ADHD significantly impacts their ability to learn and participate in school. 

The key factor is whether your child has “special educational needs” (SEN) that require more support than the school can provide through its usual resources.

The local authority will consider whether your child’s ADHD causes them to have more difficulty in learning compared to their peers or if they need more help than what’s typically provided to other children. This can include challenges with focusing, completing work, managing behaviour, or socialising, which may hinder their ability to thrive in a standard classroom setting.

Examples of When an EHCP Might Be Granted for ADHD

An EHCP might be granted for a child with ADHD in situations where:

Learning Difficulties: If your child’s ADHD leads to significant learning difficulties, such as struggling to keep up with the curriculum or needing more time and support to understand and complete tasks, an EHCP could be appropriate.

Behavioural Challenges: If ADHD causes behavioural issues that disrupt your child’s learning or the learning of others, and standard behavioural strategies aren’t enough, an EHCP might be needed to provide additional support.

Emotional and Social Needs: If your child’s ADHD affects their emotional well-being or social interactions to the point where they need special interventions, such as counselling or social skills training, this might justify an EHCP.

Need for Specialised Support: If your child requires a high level of specialised support, such as one-on-one assistance, therapy, or significant adjustments to the curriculum, and this support cannot be provided through the school’s normal resources, an EHCP could be granted.

These are just a few examples, and each case is unique. The main idea is that the local authority needs to see that your child requires a level of support beyond what is typically available in their current school setting.

The Process of Applying for an EHCP for a Child with ADHD

Applying for an EHCP can feel like a daunting process, but knowing the steps involved can make it more manageable. Here’s an overview of what to expect:

1. Requesting an Assessment: The process usually starts with you, the parent, making a request to the local authority for an EHCP assessment. Sometimes, the school might initiate this process if they believe your child needs more support than they can provide.
2. Gathering Evidence: You’ll need to provide evidence of your child’s needs. This could include reports from teachers, educational psychologists, healthcare professionals, and any other specialists who work with your child. The more detailed and comprehensive the evidence, the better.
3. The Assessment: If the local authority agrees to assess your child, they will gather information from a range of sources, including the school, medical professionals, and you as the parent. This assessment will look at your child’s educational, health, and social care needs.
4. Decision Making: After the assessment, the local authority will decide whether your child qualifies for an EHCP. If they agree that your child needs extra support, they will draft the EHCP, outlining the specific help your child will receive.
5. Drafting the EHCP: If approved, the EHCP will be drafted with input from you and any professionals involved in your child’s care. The plan will specify the support your child will receive, including details like classroom accommodations, additional teaching support, therapy, or specialised equipment.
6. Finalising the EHCP: Once the draft EHCP is ready, you’ll have the opportunity to review it and suggest any changes. After this, the EHCP is finalised and becomes a legally binding document. The local authority and school must ensure that the support outlined in the plan is provided.
7. Annual Reviews: The EHCP is reviewed annually to ensure it remains relevant and continues to meet your child’s needs. Adjustments can be made based on your child’s progress and any changes in their circumstances.

Applying for an EHCP might seem complex, but it’s an important step in securing the right support for your child. Remember, you don’t have to do it alone—schools, local authorities, and various support organisations are there to guide you through the process.

EHCP for ADHD and Autism

If your child has both ADHD and Autism, you’re likely navigating a complex landscape of needs and support. It’s not uncommon for these conditions to occur together, and managing them within an Education, Health, and Care Plan (EHCP) requires a comprehensive approach that addresses both sets of challenges.

An EHCP is designed to take into account all of a child’s special educational needs, so when a child has both ADHD and Autism, the plan will outline how each condition impacts their learning and development. The goal is to create a cohesive support system that addresses the unique ways these conditions interact with each other.

For instance, a child with both ADHD and Autism might struggle with attention and focus due to ADHD, while also facing difficulties with social communication and sensory processing due to Autism. The EHCP would need to incorporate strategies and interventions that address both areas, ensuring that your child receives the right kind of support in all aspects of their school life.

Tailoring Support Plans for Children with Multiple Diagnoses

When a child has multiple diagnoses, such as ADHD and Autism, tailoring their support plan is crucial. This means that the EHCP must be customised to reflect the specific combination of needs, rather than treating each condition in isolation. Here’s how this might look:

1. Integrated Strategies: The EHCP should include integrated strategies that work well for both conditions. For example, a sensory-friendly classroom environment might be beneficial for a child with Autism, while also helping a child with ADHD to focus better. Similarly, structured routines can help manage both the anxiety often associated with Autism and the impulsivity linked to ADHD.
2. Targeted Interventions: The plan might outline specific interventions tailored to each condition. For instance, social skills training might be included to help with Autism-related social challenges, while behavioural therapy could be part of the plan to address ADHD-related issues like impulsivity or hyperactivity.
3. Specialised Support Services: Children with both ADHD and Autism may benefit from accessing a range of specialised support services, such as speech and language therapy, occupational therapy, and behavioural interventions. The EHCP should clearly list these services and how they will be coordinated to ensure consistency in support.
4. Collaborative Planning: Developing an EHCP for a child with multiple diagnoses often involves collaboration between different professionals, including educational psychologists, SENCOs (Special Educational Needs Coordinators), healthcare providers, and therapists. This team approach helps to create a well-rounded plan that covers all areas of your child’s needs.
5. Regular Monitoring and Adjustments: Because ADHD and Autism can affect children in different ways as they grow, it’s important that the EHCP includes regular reviews to monitor progress and make necessary adjustments. This ensures that the support remains effective and adapts to any changes in your child’s development or circumstances.
6. Parental Involvement: As a parent, your insights are invaluable in shaping the EHCP. You know your child best, and your input can help ensure that the plan truly reflects their needs and strengths. The EHCP process should involve you at every stage, from initial assessment to finalising the plan and during annual reviews.

Managing ADHD and Autism within an EHCP is about creating a comprehensive, flexible support system that evolves with your child. By addressing the interplay between these conditions and tailoring the plan to meet all their needs, the EHCP can provide a strong foundation for your child’s success in school and beyond.

Why Apply for an EHCP?

Legal Rights and Protections for Children with ADHD Under an EHCP

If your child has ADHD and is granted an Education, Health, and Care Plan (EHCP), they gain important legal rights and protections to ensure they receive the support they need to thrive in their education. Here’s an overview of what those rights and protections entail:

Right to Tailored Support

An EHCP is a legally binding document that sets out the specific support your child needs based on their individual requirements. Once the plan is in place, the local authority and the school are legally obligated to provide the support outlined in the EHCP. This might include special accommodations in the classroom, access to therapeutic services, or additional resources such as one-on-one teaching support.

Access to a Suitable Education

Under the EHCP, your child has the right to receive an education that is suitable to their needs. This means that the education provided should be tailored to help your child overcome the challenges posed by ADHD, allowing them to make progress and achieve their potential. The local authority must ensure that the school or educational setting is able to meet the requirements specified in the EHCP.

Protection Against Discrimination

Children with ADHD are protected under the Equality Act 2010, which prohibits discrimination on the grounds of disability. ADHD is considered a disability under this law, and schools must make reasonable adjustments to ensure that your child is not disadvantaged compared to their peers. This includes providing the support detailed in the EHCP and taking steps to accommodate your child’s specific needs.

Right to Regular Reviews

The EHCP must be reviewed at least once a year to ensure that it continues to meet your child’s needs. During these reviews, you have the right to be involved in discussions about your child’s progress and to request changes to the plan if necessary. This ensures that the EHCP evolves with your child and adapts to any changes in their needs or circumstances.

Right to Appeal

If you disagree with the local authority’s decisions regarding your child’s EHCP—whether it’s about the assessment, the content of the plan, or a decision not to issue an EHCP—you have the right to appeal. The first step is usually mediation, but if that doesn’t resolve the issue, you can take your case to the Special Educational Needs and Disability Tribunal (SENDIST). This tribunal is independent and has the authority to make binding decisions.

Legal Duty to Implement the EHCP

Once the EHCP is finalised, it’s not just a suggestion—it’s a legal requirement. The local authority and the school must deliver the support and services specified in the plan. If they fail to do so, you can hold them accountable through legal channels. This is a critical protection that ensures your child receives the education and support they are entitled to.

Support for Transition

As your child progresses through different stages of their education—such as moving from primary to secondary school—the EHCP will include plans for these transitions. The local authority has a legal duty to ensure that these transitions are managed smoothly and that your child’s support continues seamlessly. This might involve additional planning meetings, visits to new schools, or adjusting the EHCP to reflect new challenges.

Involvement in Decision-Making

You and your child have the right to be involved in all decisions regarding the EHCP. This includes participating in assessments, contributing to the content of the plan, and being involved in reviews. The law recognises that parents and children are central to the planning process and ensures that your voices are heard.

Access to Dispute Resolution Services

If there are disagreements during the EHCP process, you have the right to access dispute resolution services provided by the local authority. These services are designed to resolve conflicts in a less formal, more collaborative way, helping to find a solution that’s in your child’s best interests.

An EHCP provides significant legal protections and rights to ensure that children with ADHD receive the support they need to succeed in their education. It’s a powerful tool that not only outlines your child’s needs and the support they’re entitled to but also ensures that these provisions are legally enforced. 

Understanding these rights empowers you to advocate effectively for your child and to ensure that their educational experience is as positive and productive as possible.

EHCP Criteria: What You Need to Know

When applying for an Education, Health, and Care Plan (EHCP) for your child with ADHD, understanding the eligibility criteria can help you navigate the process more effectively. The key question the local authority will consider is whether your child has special educational needs (SEN) that require additional support beyond what the school can typically provide.

Here’s what they look for:

Significant Learning Difficulties: Your child must have greater difficulty in learning than most other children of the same age. This could be due to challenges with concentration, following instructions, or completing tasks, which are common in children with ADHD.

Educational Progress: The local authority will assess whether your child is making adequate progress at school with the support currently in place. If your child is struggling to keep up with their peers, despite existing interventions, this could indicate the need for an EHCP.

Health and Social Care Needs: If your child’s ADHD impacts other areas of their life, such as their emotional well-being, social interactions, or physical health, these factors will also be considered in the assessment. The EHCP is intended to provide a holistic approach to meeting your child’s needs, not just academically but across all areas of development.

Current Support Effectiveness: The assessment will evaluate whether the support your child is currently receiving at school is sufficient. If their needs are too complex or severe for standard SEN provisions, this strengthens the case for an EHCP.

How ADHD-Specific Needs Are Evaluated Within the EHCP Framework

When evaluating ADHD-specific needs, the local authority will consider how ADHD affects your child’s day-to-day school life. This includes:

• Attention and Focus: How much difficulty does your child have staying focused on tasks? Is this impacting their ability to learn?
• Behavioural Challenges: Does your child struggle with impulsivity, hyperactivity, or other behaviours that disrupt their learning or the learning of others?
• Social Interaction: How does ADHD affect your child’s ability to interact with peers and teachers? Are there issues with social skills that need addressing?
• Emotional and Mental Health: Are there any emotional or mental health concerns related to ADHD that affect your child’s well-being and learning?

The assessment will take into account reports from teachers, educational psychologists, healthcare providers, and any other professionals involved in your child’s care. This evidence is crucial in demonstrating how ADHD affects your child’s educational experience and why an EHCP is necessary.

Common Challenges During the Assessment Process

The process of applying for an EHCP can be challenging, and it’s important to be aware of some common issues that may arise:

Protracted Timeline for Evidence Gathering

One of the biggest challenges parents face is the lengthy timeline for gathering evidence and completing the EHCP assessment. The process can take several months, during which time your child may continue to struggle at school if their needs aren’t being met. This waiting period can be incredibly stressful, especially if your child’s difficulties are severe.

During this time, keep close communication with the school to ensure that interim support is provided as much as possible. You might also consider seeking external assessments or private consultations to gather evidence more quickly, though this can be costly. If your child is struggling to attend school, make sure the school is aware so they can make temporary adjustments to help your child cope.

Difficulty in Demonstrating Need

Sometimes, parents find it difficult to demonstrate that their child’s needs are significant enough to warrant an EHCP. ADHD symptoms can vary widely, and not all children with ADHD will qualify for an EHCP.

Be thorough in documenting all aspects of your child’s difficulties and the impact on their education. Collect reports from a variety of professionals, including teachers, SENCOs, and healthcare providers. If possible, keep a log of specific incidents or patterns that illustrate how ADHD affects your child’s school life.

Challenges with Attendance

Unfortunately, many children with ADHD struggle to attend school regularly when their needs aren’t being met. This can further complicate the assessment process, as inconsistent attendance might affect how the local authority views your child’s needs.

If your child is unable to attend school regularly due to unmet needs, it’s important to communicate this clearly to the school and the local authority. Request that this be considered in the assessment process and explore temporary measures, such as part-time attendance or home tutoring, to support your child during this difficult period.

The Importance of Patience and Persistence

Applying for an EHCP can be a lengthy and sometimes frustrating process, especially when your child is struggling. It’s important to remain patient and persistent. Keep advocating for your child, gathering as much evidence as possible, and don’t hesitate to seek help from support organisations, legal advisors, or parent advocacy groups if you encounter obstacles. 

Your perseverance can make a significant difference in securing the support your child needs to succeed.

How to Apply for an EHCP for ADHD

Applying for an Education, Health, and Care Plan (EHCP) for your child with ADHD can feel overwhelming, but understanding the process can help you approach it with confidence. Here’s a guide to help you through each step, along with some advice on what to do if the school isn’t supportive or if your child is home-schooled.

Step-by-Step Guide to the EHCP Application Process

The first step in securing an EHCP is to recognise that your child’s needs might require more support than the school can typically provide. If your child’s ADHD is significantly affecting their learning, it’s worth considering an EHCP.

To start the process, you need to request an assessment from your local authority. This request can be made by you as the parent or guardian, by the school, or by another professional involved in your child’s care. 

When making the request, it’s important to provide as much supporting evidence as possible—this might include reports from teachers, educational psychologists, and healthcare providers. The local authority then has six weeks to decide whether they will proceed with the assessment.

If the local authority agrees to the assessment, they will gather detailed information from various professionals who work with your child. They will look at how ADHD affects your child’s education, health, and social care needs. You, as a parent, will also be asked to contribute your insights and observations.

The entire process, from initial request to receiving the final EHCP, can take up to 20 weeks. However, it’s important to be aware that gathering evidence can sometimes be a lengthy process. 

During this time, your child may continue to struggle if their needs aren’t being fully met. It’s essential to maintain close communication with the school to ensure they provide as much interim support as possible.

If the assessment results in a decision to issue an EHCP, the local authority will draft the plan, and you will have the opportunity to review it. Once finalised, the EHCP becomes a legally binding document, and the school must implement the support detailed in the plan. The EHCP is reviewed annually to ensure it continues to meet your child’s needs.

Writing a Strong Parental Statement for an EHCP

Your parental statement is a critical part of the EHCP application. This is where you can describe your child’s needs in your own words and explain why an EHCP is necessary. 

It’s important to be detailed and specific about how ADHD affects your child’s daily life, both in and out of school. Include relevant information from any assessments or diagnoses your child has received and explain why the current support isn’t sufficient.

Organising your statement into clear sections can help make your points easier to follow. Focus on areas like educational needs, behavioural challenges, and any additional health or social care needs your child may have. This will help the local authority understand the full scope of your child’s situation.

What to Expect During the EHCP Assessment

During the EHCP assessment, the local authority will collect information from a variety of sources, including the school, healthcare professionals, and you. This assessment aims to provide a complete picture of your child’s needs and the support required to meet those needs.

It’s common for this process to take several months, which can be stressful, especially if your child is struggling during this period. While waiting for the assessment to be completed, work with the school to ensure your child receives as much support as possible, even if it’s only temporary.

If the local authority decides not to issue an EHCP after the assessment, you have the right to appeal the decision. This can be a frustrating setback, but it’s important to know that you can challenge the outcome if you believe your child’s needs have not been fully recognised.

Applying Directly: What to Do if the School Doesn’t Support the Application or if the Child is Home-Schooled

In some cases, the school may not support the application for an EHCP, or your child might be home-schooled. In these situations, you can apply directly to the local authority without the school’s involvement.

As a parent or guardian, you have the legal right to request an EHCP assessment, regardless of the school’s position. 

When applying directly, it’s crucial to provide comprehensive evidence of your child’s needs. This might include reports from healthcare providers, independent assessments, and your own observations. 

Documenting specific examples of how ADHD affects your child’s education and daily life can strengthen your case.

For home-schooled children, the local authority will assess how ADHD impacts their learning at home. The EHCP should be tailored to the unique aspects of home schooling and ensure your child’s needs are met in this context. 

It’s also important to remember that home-schooled children are still entitled to access the support and services outlined in their EHCP, even if they’re not in a traditional school setting.

While applying for an EHCP can be a complex and sometimes lengthy process, understanding your rights and the steps involved can help you advocate effectively for your child. Whether you’re working with the school or applying independently, the goal is to secure the support your child needs to succeed.

Parental Involvement in the EHCP Process

As a parent, you play a crucial role in the EHCP process. Your insights and observations about your child’s needs are invaluable in shaping a plan that truly reflects their unique challenges and strengths. You know your child better than anyone, and your input helps ensure that the EHCP is comprehensive and tailored to meet their specific needs.

From the initial request for an assessment to the drafting and reviewing of the EHCP, your involvement is key. The local authority and school will rely on the information you provide to understand how ADHD affects your child’s learning and daily life. 

Your voice is essential in advocating for the right support, so don’t hesitate to be actively involved at every stage of the process.

Hiring a Specialist Lawyer: When and Why to Consider Legal Support

Navigating the EHCP process can sometimes be complex and challenging, especially if you encounter obstacles or disagreements with the local authority. In such cases, hiring a specialist lawyer who understands education law can be a valuable step in ensuring your child’s rights are fully protected.

The Role of a Specialist Lawyer in the EHCP Process

A specialist lawyer can provide expert advice and support throughout the EHCP process. They can help you understand your rights, guide you through legal requirements, and represent your interests in negotiations with the local authority. If you face resistance from the local authority, a lawyer can advocate on your behalf to ensure that your child receives the support they are entitled to.

Lawyers can also assist in drafting and reviewing the EHCP to ensure that it accurately reflects your child’s needs and includes all necessary provisions. 

If the local authority refuses to issue an EHCP or if you’re unhappy with the final plan, a lawyer can help you appeal the decision through the Special Educational Needs and Disability Tribunal (SENDIST).

When to Consider Hiring Legal Support: Common Scenarios

You might consider hiring a specialist lawyer if:

• The local authority refuses to conduct an EHCP assessment for your child.
• The local authority decides not to issue an EHCP after the assessment.
• You believe the EHCP does not adequately meet your child’s needs.
• There is a disagreement with the local authority or school about the type or level of support provided.
• You need to appeal a decision through the SENDIST.

In these scenarios, legal support can be crucial in ensuring that your child’s needs are fully met and that they receive the education and support they deserve.

How a Lawyer Can Help Ensure Your Child’s Needs Are Fully Met in the EHCP

A specialist lawyer brings a wealth of knowledge and experience to the EHCP process. They can help:

• Interpret complex legal language: Understanding the nuances of education law can be difficult, but a lawyer can explain your rights and the legal obligations of the local authority in clear terms.
• Draft a strong EHCP: Lawyers can help ensure that the EHCP is comprehensive, specific, and legally sound, covering all areas of your child’s needs.
• Negotiate with the local authority: If there are disagreements, a lawyer can negotiate on your behalf to reach a fair resolution that prioritises your child’s well-being.
• Represent you in appeals: Should you need to appeal a decision, a lawyer can represent you at the SENDIST, helping to build a strong case and improve the chances of a successful outcome.

Tips for Choosing the Right Lawyer and Understanding the Costs Involved

When choosing a specialist lawyer for the EHCP process, consider the following:

Experience and Expertise: Look for a lawyer who specialises in education law and has experience handling EHCP cases. Ask for references or testimonials from other parents who have used their services.

Clear Communication: Your lawyer should be able to explain complex legal matters in a way that you can easily understand. Good communication is key to a successful partnership.

Transparent Fees: Understand the costs involved before hiring a lawyer. Some lawyers offer a fixed fee for specific services, while others may charge hourly rates. Make sure you’re clear about the costs and any additional expenses that might arise.

Legal Aid: In some cases, you may be eligible for legal aid to cover the costs of a lawyer. Check whether this applies to your situation.

Advocacy Tips for Ensuring Your Child’s Needs Are Fully Met

Even if you don’t hire a lawyer, there are several ways you can advocate effectively for your child during the EHCP process:

• Stay Informed: Educate yourself about your child’s rights and the EHCP process. The more you know, the better equipped you’ll be to advocate for their needs.
• Be Persistent: If you encounter obstacles, don’t give up. Keep pushing for the support your child needs, and don’t be afraid to challenge decisions you believe are unfair.
• Document Everything: Keep detailed records of all communications, meetings, and decisions related to your child’s EHCP. This can be invaluable if you need to appeal a decision or escalate a dispute.
• Seek Support: Connect with other parents, support groups, or advocacy organisations. They can offer advice, share experiences, and provide moral support throughout the process.

Your involvement is needed to ensure that your child’s EHCP is comprehensive and effective. By staying engaged, seeking legal support when necessary, and advocating for your child’s needs, you can help secure the best possible outcome for their education and future.

Parental Involvement in the EHCP Process

As a parent, you have the deepest understanding of your child’s strengths, challenges, and daily experiences. Your input is vital in ensuring that the EHCP accurately reflects your child’s needs and provides the right support. 

From the initial assessment request to the final review of the plan, your involvement helps shape an EHCP that truly benefits your child.

Being actively involved means attending meetings, providing detailed information about your child’s needs, and working closely with the school and local authority. Your insights will guide the professionals involved in creating a plan that supports your child’s learning and development effectively.

Hiring a Specialist Lawyer: When and Why to Consider Legal Support

The EHCP process can be challenging, especially if you encounter resistance from the local authority or if the plan doesn’t seem to meet your child’s needs. In such cases, it might be worth considering legal support. A specialist lawyer with expertise in education law can offer valuable advice and assistance throughout the process.

A lawyer can help you understand your rights and the legal obligations of the local authority. They can assist in drafting or reviewing the EHCP to ensure it is comprehensive and enforceable. If there’s a disagreement with the local authority—such as a refusal to assess your child or a dispute over the contents of the EHCP—a lawyer can negotiate on your behalf or represent you in an appeal.

There are certain scenarios where legal support becomes particularly important. If the local authority refuses to conduct an EHCP assessment or decides not to issue an EHCP after the assessment, a lawyer can help you challenge these decisions. 

Similarly, if the EHCP provided does not adequately address your child’s needs, legal advice can be critical in making the necessary changes.

How a Lawyer Can Help

A specialist lawyer can play a key role in ensuring your child’s EHCP is thorough and legally sound. They can guide you through the complex language of education law, helping you understand what your child is entitled to. 

With their help, you can ensure that the EHCP covers all areas of your child’s needs, from educational support to health and social care provisions.

Additionally, a lawyer can advocate on your behalf during negotiations with the local authority. If an agreement cannot be reached, they can represent you in appeals, increasing the likelihood of a successful outcome. 

Their expertise in navigating the legal aspects of the EHCP process ensures that your child’s rights are protected and that the support they receive is appropriate and effective.

When choosing a lawyer, it’s important to find someone with experience in education law, particularly in handling EHCP cases. Clear communication is crucial; you should feel comfortable discussing your concerns with them, and they should be able to explain legal matters in a way that you understand. 

Be sure to inquire about fees and ensure you understand the costs involved before proceeding. In some cases, legal aid may be available to cover the expenses of hiring a lawyer.

Advocacy Tips for Ensuring Your Child’s Needs Are Fully Met

Even without a lawyer, there are several ways you can advocate effectively for your child during the EHCP process. First, staying informed about your child’s rights and the EHCP process is essential. The more you know, the better equipped you’ll be to advocate for their needs.

Persistence is key—if you encounter obstacles, continue to push for the support your child needs. Document all communications, meetings, and decisions related to the EHCP process. This can be extremely helpful if you need to challenge a decision later on.

Additionally, seeking support from other parents, advocacy groups, or organisations can provide valuable insights and encouragement. These resources can offer practical advice and help you feel less isolated during what can be a stressful time.

Your involvement is central to ensuring that your child’s EHCP is effective. By being engaged, considering legal support when necessary, and advocating for your child’s needs, you can help secure the best possible outcomes for their education and future well-being.

Conclusion

Navigating the EHCP process for a child with ADHD can feel overwhelming, but it’s important to remember that you are not alone. Your role as a parent or guardian is vital in ensuring that your child gets the support they need to succeed. 

Whether it’s through providing detailed insights about your child’s needs, collaborating with professionals, or even seeking legal support, your involvement is key to crafting a plan that truly meets your child’s needs.

Don’t hesitate to seek out the resources and support available to you. There are organisations, online communities, and professionals who can offer guidance and assistance every step of the way. 

Your advocacy can make a significant difference in your child’s educational journey, helping them to reach their full potential.

For those in Oxford and the surrounding areas, Oxford CBT is here to support you throughout the EHCP process. We offer specialised services that can be instrumental in helping children with ADHD, including private ADHD assessments and diagnoses, which can provide the crucial evidence needed for an EHCP application. 

Additionally, our team of experienced therapists can offer therapeutic interventions for children and ongoing support that not only help your child manage ADHD but also complement and strengthen their educational plan.

For further reading and support, consider exploring resources such as the National Autistic Society, ADHD Foundation, and IPSEA (Independent Provider of Special Education Advice). 

These organisations offer valuable information and can provide additional guidance as you navigate the EHCP process. 

Remember, you’re not just navigating a system—you’re building a path for your child’s future success, and with the right support, they can achieve their full potential.

References

The following sources were used to help compile this article:

GOV.UK – SEND: Children with Special Educational Needs: https://www.gov.uk/children-with-special-educational-needs/extra-SEN-help 

IPSEA: What is an EHC Plan? https://www.ipsea.org.uk/what-is-an-ehc-plan 

ADHD Foundation: https://www.adhdfoundation.org.uk/

National Autistic Society: Advice and Guidance – EHC Plans: https://www.autism.org.uk/advice-and-guidance/topics/education/ehc-plans 

Author – Tom Murfitt

With over a decade’s experience in providing Cognitive Behavioural Therapy, Tom has worked in both the NHS and private sector to help adults and children to overcome a range of difficulties and improve their mental wellbeing. In addition to being an experienced CBT therapist, Tom is also an accredited Mindfulness teacher, providing courses locally, in businesses and schools. You can read more about us here.  

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