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ADHD, EHC apeal help plz!

18 replies

poppy85 · 04/09/2015 20:33

Hi I am new, I have 4lovely boys aged 9,7,4,18months. I needs some advice and wondered if anyone has been in a similar situation.

my son has received his EHC plan but been refused the special school we named . I'm working with sendiass to appeal the decision.

Bit of background....



My son is 7 started reception and started having a lot of problems in class behaviour wise with temper tantrums, being violent, could not sit still, very impulsive, has sensory issues. He started to get excluded at the age of 4 and we decided maybe it wasn't the school for him and moved schools.

Straight away same issues, he's a danger to himself has no awareness of surroundings, social awkwardness, no friends the list could go on. He was regularly excluded and attended a pru unit 2days a week and had in class support but nothing helped. He even ran out class and hid in the toilets for 30mins while everyone was looking for him also the whole class has had to be evacuated because of him, I was called daily to calm him and collect him. Eventually he was permanently excluded and now attends another pupil referral unit full time. Things have been better here due to the setting, 6children in class with 3teaching staff, short lessons, lots of rewards, safe and secure, very nurturing and a safe chill out room for those meltdowns.

He also now has a diagnosis of adhd, the ed pychologist say he has a lot of anxiety issues and is behind his peers in a lot of areas by about 3years. The paediatrician said further assessments will be done as he has asd traits.


I have found a lovely special school for children with besd and they cater for a lot of children with adhd and asd. I have been to look met with head and she thinks my son fits there criteria however the local authority begs to differ! I am so angry at this the poor boy cannot go back to another mainstream school and I think it's unfair to expect him to again. He needs a permanent place where he can be understood, gain life skills and an education. I have 4children and only one with problems and it breaks my heart to see him struggle through, being picked on for the way he is and having no friends.

Sorry for the long post I was hoping someone on hear might of had some similar experience or know about the appeal process. I have a meeting next week with sendiass to discuss.

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Notgivingin789 · 04/09/2015 21:15

I've heard you shouldn't put a child with ASD in a BESD school. Have you looked around other special schools?

It could be worth getting your son independently assessed as to work out his issues are underlined to. I would definitely get your son assessed by an educational psychologist, as his saying your DS is three years behind in most areas, is very worrying...what are his current school doing?

I definitely think you need to expand and look at other special schools as your son has so many things going on, it's hard to work out what his specific needs are, because that;s what it all boils down to in the end.

Give IPSEA or the National Autistic society education advice line a call.

Oh and APPEAL ASAP!

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InimitableJeeves · 04/09/2015 23:49

To be honest, I would go with IPSEA or SOS SEN for advice, they're more independent than SENDIASS. SOS SEN has some workshops on appeals etc coming up - www.facebook.com/SOSSpecialEducationalNeeds/posts/679314812204839

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VeniVidiVickiQV · 05/09/2015 00:02

It must be really difficult for you. I don't think BESD or SEN schools are necessarily helpful for children with ADHD.

Also, the ASD traits could be symptomatic of ADHD which could disappear if the ADHD is managed well. What did the EHC plan recommend? What options have you had for managing the ADHD? Has medication been suggested?

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Notgivingin789 · 05/09/2015 00:17

Look at independent special schools OP, there must be one catered to ASD/ADHD children.

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Notgivingin789 · 05/09/2015 01:54

OP, click on this link

www.sossen.org.uk/information_sheets.php

then click on "APPEALING TO THE SEN TRIBUNAL". This should tell you everything about how to appeal, prepare and so forth.

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Notgivingin789 · 05/09/2015 01:56

Oh and click on "HOW TO WRITE REASONS FOR APPEAL", which should help you draft your letter on appealing to the SEN tribunal and I would really reconsider putting your DS into a BESD school.

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Notgivingin789 · 05/09/2015 01:57

Sorry HA! and also click on "Choosing a new school". This should give you information of what other types of special schools are out there.

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OneInEight · 05/09/2015 04:50

Have to disagree with Notgivingin789 that BESD schools are unsuitable for children with an ASD as ds1's BESD primary were absolutely fantastic with him. As the HT of the secondary put it when we looked round 50% of the children have a diagnosis of ASD or ADHD and the other half probably should have so the staff have lots of experience. dh and I think they might as well just rename them!!!

Anyway back to the question in hand as how to get the placement.

We rang round a lot of mainstream schools and were brutally honest about why he had been permanently excluded. Not surprisingly this did not enthuse the HT's with a great desire to accept him usually on the grounds of it being detrimental to other pupils. So you can use this as one of your arguments.

We put the onus on the LEA to find a school - they couldn't. ,

One of the failed placements had been to a primary school with an ASD unit. He was admittedly in the mainstream part as no diagnosis at this point but we argued that if a mainstream school where supposedly the staff had ASD experience they gave him very pretty visual timetable could not cope then how on earth could a mainstream school without this experience.


One of the arguments they used against placement was that ds1 had AS not a BESD. We agreed and asked for placement at a independent specialist school costing ££££ as the LEA had no schools for HFA children. They reconsidered.

We pointed out that certain things in their EP reports were incompatible with a mainstream school e.g. small class sizes, expertise of staff, etc. Basically get your highlighter pen out and make a list of anything that a mainstream could not fulfil. You could ask the HT of one of the schools he was excluded from whether (a) They could have met the EHCP plan and (b) If they thought it would have made a difference.

Hope this helps.

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Notgivingin789 · 05/09/2015 19:25

I'm glad you had a positive experience OneinEight. There are SOME BESD that are ok. But the majority of parents that I've come a crossed that had sent their ASD children to a BESD school, did not have a good experience.

It worth if the OP looks at other special schools.

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poppy85 · 05/09/2015 20:41

Thanks so much everyone for replying I will def look around at other schools, the school in question is an independent school and when I met with the head she did say they have boys there with asd and adhd, I looked round and spoke to the teacher and just seemed so perfect for him.

In his ep it says he needs to be in small groups, experienced staff and a very nurturing environment, short lessons, visual clues, chill out area away from others and dangers etc.
I have started tonight reading through EHC again and making some notes, I look at it and think it's obvious he can't go to mainstream.
I'm also going to call his last main streams senco Monday as she said she would help and also come to hearing as a witness as she worked with him daily for so long. She also was the one who recommended the school in question.

My son really has issues with busy environment, we spent 15mins in a supermarket today (normally wouldn't but had no choice) resulted in a meltdown and him trying to run away towards the road. Same as at mainstream within minutes of being in the classroom he has problems. Where he is at the moment with small class and lots of support he is having less frequent meltdowns.
Will definately look around at schools

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poppy85 · 05/09/2015 20:46

Can I just add my son has not yet been diognosed asd, he is on medication for his adhd and we have seen some improvements.

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InimitableJeeves · 05/09/2015 23:22

Is the LA suggesting he can go back to the mainstream? It certainly sounds ridiculous given his history.

What is really important with the EHCP is that provision in Part F should be specific and detailed. Don't let them get away with waffly wording like "would benefit from" or "regular" where it doesn't specify whether that means regularly once a week or regularly once a decade. Where it talks about experienced staff, it should say what they need to be experienced in (presumably dealing with pupils with ADHD?) and they should also be trained in that. When they talk about small groups, is that all the time or just some of it? It would be in your interests for it to be all the time, as that is obviously something that the mainstream can't supply.

You also need to check that all DS's needs are properly described in Part B, and that the provision in Part F meets all those needs. If there is a possibility of ASD, that suggests a possible social communication disorder, which means they should have got a speech and language report - did they? If he has co-ordination or sensory difficulties, they should have got an occupational therapy report. If the LA hasn't done that, ask them why not.

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poppy85 · 06/09/2015 00:03

Thanks for reply, I had to fill in a form with ed phsyc for speech and language but never heard anything else. He has been referred to an occupational therapist.
Yes the la do think that he can go back to a mainstream primary what I could not believe. 2primary schools and 2 pru's and he's only 7.
It does say in EHCP he needs to be in small groups Daily. I have started going though plan and have picked up on a few point I will push to be reworded where they have not been very clear.

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InimitableJeeves · 06/09/2015 08:21

Has the LA actually consulted any mainstream schools? If they nominate any I suggest you contact them and ensure that they have the full history - you're obviously perfectly entitled to go to see them and talk to the staff about how they would meet your DS' needs I suspect that a mainstream school which is given the full history is going to be reluctant to agree to be named in the EHCP.

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poppy85 · 06/09/2015 08:35

That is what I am planning on doing tomorrow but can a mainstream refuse him?

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poppy85 · 06/09/2015 08:36

And no the la have not consulted any main streams as far as I know

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InimitableJeeves · 06/09/2015 09:52

A mainstream school can refuse a child with an EHCP if taking him would be detrimental to the education of other pupils and there are no adjustments they can make which would overcome that.

Has the LA actually said he should go to a mainstream school? If so I suggest you ask them which school they have in mind.

And have you actually had a final EHCP, or just a draft?

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Ooogetyooo · 06/09/2015 20:38

OP have no constructive advice but what you have described regarding your son at age 7 would describe partly my DS at age 8 with ADHD and some asd traits although my son doesn't sound as extreme as yours. Has there been any improvement at all in his behaviour with the medication? We have finally managed to survive the last 2 years in a mainstream primary after time in a pru and change of schools, with a hell of a lot of intervention and a TA who really understood what was required and about to start High school with bated breath. Have nothing to add really but what you described brings back memories of the worst times, we were also told our DS was 3 years behind at age 8 but finished yr 6 with level 4 in maths and reading so hopefully your son can make up for lost time in the right setting.Good luck.

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