FAQs - myth busters (SEND)
There are many myths relating to Special Educational Needs. We are here to help with myth busting.
Check each myth below for guidance.
CAMHS don’t support children with autism or ADHD
The Child and Adolescent Mental Health Service (CAMHS) cannot refuse to support certain groups of people for example, those with autism or ADHD. They should work with all young people in need of specialist mental health help.
You can only get a statutory assessment if your child has a diagnosis
- A medical diagnosis is not essential to receive support for a child with SEN.
- It often takes time to obtain a diagnosis, even though it is obvious the child has substantial needs.
- The Local Authority cannot refuse to provide care and support because there had been no diagnosis.
Schools must have three ‘rounds’ of the graduated approach, over a year for your child to be considered for statutory assessment
- There is no such requirement in the SEND Code of Practice.
- Schools may ask to meet with parents of SEND children three times each year (SEND Code of Practice, 6.65), and there is no requirement as to what format these meetings can take.
For your child to be considered for an EHCP assessment, you have to send a list of 12 documents
There is no such requirement for a long list of documents.
However, section 9.14 of the Code of Practice, says that local authorities “will need to take into account a wide range of evidence”.
The Children and Families Act, part 3 section 36.8, states: “The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted ... the authority is of the opinion that:
(a) the child or young person has or may have SEN, and
(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHCP.”
The key word is “may” in respect of a young person having SEN and it being necessary to make provision for them with an EHCP.
Remember also that the law specifies that an authority must consider any evidence.
The EHCP needs assessment request must include specialist reports
There is no such requirement in the Children and Families Act or the SEND regulations.
However, the SEND Code of Practice does say (section 9.46) that the local authority must gather advice from relevant professionals about the child or young person’s:
- education
- health and care needs
- desired outcomes
- special educational, health and care provision
that may be required to meet the identified needs and achieve the desired outcomes.
The actual process of assessment itself must include an educational psychologist’s report commissioned by the local authority (Children and Families Act, part 2, section 6d).
Social care needs do not need to be identified if your child is not known to social services
The EHC needs assessment must include advice on the child/young person’s social care needs.
This may not need to be via an assessment under section 17 of the Children Act. It could be via early support or other non-statutory assessment processes.
A young person over 19 can only keep their EHC plan if they are working towards an educational qualification
Recent case law, Buckinghamshire vs SJ made it clear that not attaining qualifications or only making limited progress does not mean that SEN provision is not needed or of benefit.
