Can you get a ECHP for dyslexia?

Quite often parents are put off applying for an EHCP following a diagnosis of dyslexia, or a specific learning difficulty, based on the notion that their special educational needs can be provided for under available school SEN budgets.

It's estimated up to 1 in every 10 people in the UK has some degree of dyslexia. Left unsupported a child remains vulnerable to not meeting their potential. Children are very aware of their differences which can negatively impact upon self-confidence, increase stress and anxiety leading to mental health issue facing an exhausting battle to conform, constantly measured against their peers’ progress.

Assessing dyslexia

Dyslexia is not assessed until your child is 7 years old. You should contact your SENCO, GP or a specialist centre if you feel your child struggles with literacy, processing and storing information, memory, speed of processing and organisation. Often dyslexia is overlaid with co-occurring difficulties commonly including:

• Dyspraxia
• Dyscalculia
• ADHD/ADD
• Autism

Intelligence or cognitive ability is not affected. Dyslexia often lends itself to creative and individual thinking, and there are many examples of very successful dyslexics.

What support can a child with dyslexia receive in school?

Whilst dyslexia can present challenges to learning, the key is to implement strategies to deliver and adapt teaching to the particular learning style of the individual. Examples of such support include focus learning groups or programmes, some 1:1 (trained) Teaching Assistant support and therapy intervention. The “local offer” which each Local Authority (LA) must publish, sets out other support available in the area.

Legal rights for children with dyslexia and special educational needs

A child’s right to a mainstream education

Every child has the right to a maintained, that is a Local Authority funded mainstream education. Every maintained school has an additional or notional budget which can be accessed to utilise support for children identified as requiring support with their learning or access to education on their roll. Where despite support (and sometimes where the school does not recognise the need) progress is still not as expected an Education, Health & Care Plan (EHCP) should be explored? An EHCP is lawfully enforceable against the LA.

Requesting an EHC assessment for dyslexia

Parents can submit a statutory request for an Education, Health & Care (EHC) assessment. This is often the first hurdle to overcome. The legal threshold test is low but often misapplied by LAs resulting in high numbers of refusals and a correspondingly 90% plus appeal success rate for parents. Core diagnostic reports and evidence of school efforts via an IEP (individual educational Plan) are all key at this stage. At this stage of the EHCP process the appeal is heard on paper so there are no oral hearings, and therefore the process less daunting for parents.

Educational psychologists and specialist assessments

Where your LA agrees or is ordered to assess the cornerstone is review by an Educational Psychologist (EP). The EP will address SEN, the provision required and type of school. Often dyslexia requires specific speech & language therapy (SLT) input and therefore it is prudent to obtain a further SLT assessment. If needs are overlaid with, for example, dyspraxia or ASD, occupational therapy input may also be indicated. Make sure your experts are independent of the school and LA, and experienced with SEND tribunals, providing reports that properly inform the content of the Plan.

When an EHCP for dyslexia is not issued

More parents are facing a decision not to issue a Plan and another appeal.  The stronger your evidence the less likely this outcome. That said, there will be cases where needs can be met under the notional budget (circa £6,000.00) which should at least be accessed via the assessment process to increase support and provision.

Challenging an EHCP: placement and provision

Where a final EHCP is issued the LA will name a school that it believes can meet needs. The LA must fund the educational content of the EHCP. This includes all support, specialist equipment, therapies and school fees, if an independent school is named on the Plan. The plan may however also require challenge via an EHCP appeal where the placement is simply wrong and content does not reflect expert recommendations.

Early action matters in EHCP appeals

Appeals are taking longer than ever and certainly some LAs are taking advantage of the system subjecting parents to an appeal at every stage. With strong core evidence concessions are possible together with a skilled approach to tribunal timelines. Advice is to start the process as soon as possible.

Choosing the right school for a child with dyslexia

Parents face bewildering options often dictated by what is on offer in the local area. A school must be able to meet reasonable needs a basic threshold and in no way compels a LA to provide the very best.

How to research schools for dyslexia support

Review the school provision by looking at their website, OFSTED/ISI results and considering their SEN policy and offering. 

Ideally visit the school on an Open Day or arrange to meet the SENCO and ask about the class profile, others with dyslexia and the school experience. Key questions may extend to whether staff dealing daily with your child have the correct training British Dyslexia Association or SpLD certification? At what level is their certification? Does the school engage in specific training and updating?

Dyslexics do not necessarily share the same learning style. How would the school differentiate learning e.g. hand-outs enlarged, print and font sensitivity, directions not to ask a child to read aloud in front of peers? Would the proposal involve removal from class for focus work? If you are the parent of an older child, will they engage with this method of delivery? Does the school have a special unit? Again, explore student profiles within this unit? An ASD unit will not necessarily meet the needs of a dyslexic. What IT is on offer? Can your child use technology in the classroom? Will your child require special arrangements for exams and testing? Plan ahead by at least 2 years before formal exams. Does the school have the capability to even screen for dyslexia, and therefore awareness of triggers for referral to outside support? What results have the school available and how are records maintained and reviewed?

Independent schools and dyslexia provision

Under current legislation, a LA must have regard to parental wishes when considering placement choice at an independent school. Note that you must have an offer of placement before a Tribunal can order such a placement. The exception is where the school has been registered under S41 Children & Families Act 2014 and essentially agrees to LA making placement decisions.

We place many children and young people in independent specialist schools and colleges in the last academic year including More House School, Moon Hall, Beech Lodge, Hurst Lodge, Unicorn, Knowl Hill and Frewen College and many schools under the Cavendish and Witherslack Groups.

Such schools offer an immediate “like type” peer group, small class sizes, experienced and trained teachers and support assistants, and on-site therapeutic support, thereby delivering a holistic programme of learning differentiated to the child’s needs. Open days run throughout the year.

Support organisations for parents of dyslexic children

Organisations such as CRESTED, BDA and the Helen Arkell Centre are all available to support and guide parents.

Securing the right support for a child with dyslexia

Dyslexic cases can be more challenging but certainly strong EHCPs and great placements can be secured ensuring your child can achieve and thrive. If you would like guidance or support, you can contact our special educational needs and dyslexia experts via senexpertsolicitors@boyesturner.com for tailored advice and assistance.