Dyslexia Awareness Week 2016 - Children who require an EHCP for dyslexia

  • Posted

All state schools are required by law (Equality Act 2010) to ensure that special help is provided for children with special educational needs, such as dyslexia. This often includes additional one- to-one support with a Teaching Assistant or additional time in exams.  However, if this additional support does not seem adequate, or the child is still being left behind compared to peers, it may be more appropriate to apply for a highly personalised intervention.

An EHCP is a legal document that protects a child or young person with a special educational needs’ right for support until the age of 25. An EHCP will outline what reasonable adjustments the school or college needs to make to cater for the individual; what extra support or therapy the individual is entitled to; and will name a specific school or college that can meet their needs.

A parent or a school can write to the local authority requesting an assessment for an EHCP. Although a child does not have to be diagnosed with dyslexia to request an assessment it will speed up the process to have a full diagnostic assessment. It is also advisable to keep any verbal or written evidence that shows the child has symptoms of dyslexia or is struggling with an aspect of school that may indicate dyslexia. In order to continue to assessment the local authority must believe that a child may have special educational needs and that child may need special educational provision to cater for those needs. A local authority may decide to refuse an assessment on the grounds of insufficient evidence, but you have a legal right to appeal that decision.

There are several benefits of having an EHCP, rather than just relying on Additional SEN support, for children with dyslexia. Firstly, the EHCP sets out provisions that are drafted specifically for the child and their individual needs. These provisions are wide ranging from committing to a set amount of hours with a Teaching Assistant each week to recommending a specific SEN school that can cater for the child’s needs.  If any agreed provision within the EHCP is not met, there is a legal remedy that can be pursued against the local authority. This ensures the child receives all the support they require, even if the school or local authority is reluctant to provide that level of care. If the EHCP proposed by the local authority does not adequately describe the child’s needs, or recommends a school that you feel is inadequate, then there is a right to appeal this decision and request more specific or quantified provisions of support or another school placement.

I am so happy at the outcome, I don't think we would have had such a comprehensive service from any other law firm, and you took the worry away...I do not regret a single second of the whole process, apart from the bit before you got involved. 

James' mother, Boyes Turner client

Contact our expert specialist education solicitors today for support with your claim

Contact us