What happens if school says they don’t have enough funding for my EHCP?

If support is written into an Education, Health and Care Plan (EHCP), it must be provided.

Even if a school says they do not have enough money, the legal responsibility sits with the Local Authority, not the school. The Local Authority must make sure all the support written into the EHCP is funded and put in place.

If you are worried that support is not being provided, SIASS can help explain your options and support you to raise your concerns.

The Local Authority and SIASS have the same address, are you really impartial?

Yes. SIASS is impartial.

SIASS is a statutory service, which means the Local Authority must fund it by law. However, we do not make decisions about services, funding or EHCPs. We cannot see the work that the LA does, and they can’t see the work we do either – we keep separate from each other.

We must follow national Minimum Standards, which ensure we give fair, balanced and unbiased information, advice and support.

Sharing a building or address does not affect our impartiality. If you ever have questions about this, you are welcome to ask us.

Will SIASS support my child even though they are over the age of 16?

Yes.

SIASS supports children and young people with SEND aged 0–25.

If you are 16–25, you can:

  • Work directly with SIASS yourself, or
  • Ask us to work with your parent/carer with your consent

We will always listen to your views and respect your choices.

School says I can’t get support without a diagnosis. Is this true?

No. You do not need a diagnosis to get support in school.

Schools should provide support based on your needs, not on whether you have a diagnosis. The challenges you experience do not change just because a diagnosis is given later.

The law does not say that a diagnosis is needed for:

  • Special Educational Needs (Children and Families Act 2014), or
  • Disability (Equality Act 2010)

If this has been said to you, SIASS can help explain what support should be in place.

I feel like I can’t go to school/college. Who can help?

You’re not on your own, and help is available.

It’s important to:

  • Keep talking to the school, as they may be able to offer support or adjustments
  • Ask about referrals to other services that may help

The Local Authority’s Attendance and Inclusion Team can also support schools and families when children or young people are struggling to attend.

If your mental health is a concern, you could speak to your GP, who can refer to CAMHS if needed.

If you have an EHCP, you can also contact your EHCP Co‑ordinator to discuss what support may be needed.

SIASS can help you understand who to contact and what to ask for.

My EHCP support (Section F) isn’t happening – what should I do?

Start by:

  1. Speaking to the school or setting
  2. If this doesn’t resolve it, contact your EHCP Co‑ordinator

The Local Authority has a legal duty to make sure the support in Section F of the EHCP is delivered.

SIASS can help you understand how to raise concerns and what should happen next.

What happens to an EHCP when education ends?

If a young person is no longer in education or training, the Local Authority may decide to cease the EHCP, usually after an Annual Review.

An EHCP must end if there is no longer a special educational need that requires it. EHCPs do not usually continue at university.

SIASS can explain this process and what it means for you.

Can SIASS recommend good schools for SEND?

No. As an impartial service, SIASS cannot recommend specific schools or settings.

We encourage families and young people to:

We can help you understand what questions to ask.

Can the Local Authority refuse my preferred choice of school to be named in the EHCP?

Yes, but only for specific legal reasons, including if:

  • The school is unsuitable for age, ability or SEN
  • It would negatively affect other pupils’ education
  • It would be an inefficient use of resources

These are the only lawful reasons.
A school being “full” on its own is not a lawful reason.

If you disagree with the named school, you have the right to mediation and appeal. SIASS can explain this.

I am moving to Sutton and my child has an EHCP. What do I do?

Tell your current Local Authority when you are moving

Contact Sutton Local Authority SEND Team to let them know you are moving into the borough

Your child’s EHCP should be transferred between Local Authorities.

I’ve been told certain things must happen before an EHCP assessment – is this right?

Not always.

The legal test for an EHC Needs Assessment is:

  • Whether the child or young person has or may have SEN, and
  • Whether they may need support through an EHCP

Local Authorities must not set criteria that are higher than this legal test. They cannot insist on:

  • An Educational Psychologist report
  • A set number of SEN support cycles
  • A specific amount of money being spent by school

SIASS can help you understand what is lawful and what to do if you’re concerned.