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EHC needs assessment refusal

(9 Posts)
Sobloomintired Thu 10-Mar-16 19:14:53

So my daughters ECH needs assessment has been refused by the LA. We are starting the process of appealing it. All the professionals involved with her and her teacher and Senco all think she definitely needs an EHCP. My question is how successful are appeals?! I realise this is a 'how long is a piece of string' type question but I'd love to hear some others experiences...

Sobloomintired Thu 10-Mar-16 19:16:18

Also, the LA took 4 months to get back to us, can I use this as ammunition for the appeal as they have already broken the Sencop?!

Ineedmorepatience Thu 10-Mar-16 20:29:29

Most appeals are successful! Usually they are trying it on to see if you will shut up and go away!! Dont!! Be a thorn in their sides until the do their jobs, especially if you have proffs who agree!

Stay strong flowers

birdlover1977 Thu 10-Mar-16 22:46:41

My youngest son was refused an EHC needs assessment and none of us (me the professionals, his teachers) could believe it. I just wrote a letter stating that I was going to appeal and asking for the relevant forms. In the letter I refuted all of the LA's reasons for refusing to assess. Within 2 weeks (I think) I received a letter stating that they had decided they would assess for an EHCP. He was granted 25 hours 1-1 support. I think it is standard practice for the LA to refuse. Don't lose heart and give up now. The support makes all the difference. Good Luck x

GruntledOne Fri 11-Mar-16 17:58:16

I heard recently that around 80% of refusal to assess appeals get conceded by the LA, and of those that go to hearings, around 90% are won by parents. If all those people support you, I'd be absolutely amazed if the LA doesn't concede. Remember, all you need to prove is that your child has or might have SEN, and that he might need special educational provision in school.

You can refer to their delay though it's not directly material - but you could point out that your child has already been prejudiced by that delay and assessment shouldn't be delayed any further. If I were you I'd put in a formal complaint about the delay separately and take it to the Local Government Ombudsman.

It sounds to me as if it might also be worth involving someone like your local councillor, as the decision sounds so ridiculous.

By the way, you don't ask the LA for the forms, you get them from the tribunal website - hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=special%20educational%20needs

Sobloomintired Fri 11-Mar-16 18:35:12

Thank you all for the advice and support - this board is great!
1 more question: one of our main reasons for applying for an EHCP is that we (and her primary school) think she will not cope in a mainstream secondary school. Should I mention this in the appeal or should I stick to the present problems (she's in year 4).
Thanks again x

Ineedmorepatience Fri 11-Mar-16 18:59:35

They are suppose to look at the future when they are making their decisions! In reality though the LA's often dont! Mine issued Dd3 with a note in lieu with 22 provisions on it in her last week of primary school!! We appealed but by the time we won she was out of school permentantly!

Dont give up, keep fighting!

knittingwithnettles Fri 11-Mar-16 20:51:53

We were refused on various technicalities, lack of specific evidence. Went to mediation with the said evidence as requested, still did not agree to assess we then appealed; they then conceded the appeal and assessed my child. EHCP is due to be finalised but there have been further delays with the amendments and the naming of the school.

So appeal led ( or is leading) to an EHCP. But it has taken a LONG time in our case, partly because he was out of school and there was no current evidence from a school. We used OT, SALT and EP assessments (some private) to further our case, but that may not be necessary in your case if school is on board.

GruntledOne Sat 12-Mar-16 10:09:25

Yes, do mention what they've said about mainstream secondary school.

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