Tips/Advice for EHCP appeal

[LauraJenson]

Got the letter this morning that we've been denied an EHCP for DS(5), I'm really surprised as they had a host of information about him and it seemed so obvious that mainstream schooling wasn't working.

The reason they've put for denying it is that DS has shown progress over the last academic year. Last year he was at 30-50 months for numeracy and he's now 40-60 months. It's similar for literacy.

They've also said that the school provides adequate resources for him, they have a sensory room that he's in half the day because he can't handle noise very well, and he's provided with speech and language therapy once a week.

I have to say that the school have been very supportive throughout the last 2 years, (nursery and reception) and have done their best but I feel their methods/resources are very limited and that the help/support DS needs will only become more complicated as he gets older.

Do I stand a good chance of winning an appeal?

Do I need to get a solicitor or will I be okay on my own?

What should I expect, how long do appeals usually take? I'm really nervous that the LEA will be aggressive, which has me a little scared.

It says I have 2 months to apply for an appeal but need a mediation certificate first, I've already phoned a mediator, they'll call back on Monday and that's when I can request the certificate, I should then hopefully have it by next Friday, which is when I can start the appeal process.

[Ineedmorepatience]

Yes I believe you should always appeal a no decision. There were some stats published a while ago so may have been for last yr but they said that 85% of appeals were won by parents. You dont need a solicitor but if you can afford one without getting into financial difficulties then why not, it would take the pressure off.

Google IPSEA to get advice about the appeals process.

Good luck 💐

[Louiseclairehall1986]

Has he had a education psychiatrist look at him? They always turn them down unless this has been done, did my son aswell, he's exactly the same with his levels, maybe lower then your baby

[Sobloomintired]

Just the threat of appeal caused our LA to change their mind. We got some further info from an occupational therapist which helped. I've come to the conclusion that's it's a bit of a game, and 37 weeks later we we still playing it!!! Shame it's our kids education that is at stake 😱

[JudyCoolibar]

It sounds to me as if you should appeal. If he can't even cope with being in the classroom all day it sounds as if he clearly meets the criteria. I assume they refused to assess? If so, all you need to prove at this stage is that he has SEN and that he may need the support of an EHCP. I heard that over 90% of appeals against refusal to assess result in the LA conceding, and of those that go to a hearing over 80% result in the parents winning. If possible you should try to get an independent ed psych report to back you up.

[youarenotkiddingme]

I'd appeal. Ive recently done so for my DS (11) and used the IPSEA pack.

IPSEA have also given me information via their tribunal line when I've asked for it.

I've recently had my la response which if nothing else has shown that they have no grounds to oppose my request. I think when you start to see la response and it is worded and a lot of he said/she said and we suspect or we think empty words and not evidence against your evidence you start to feel more confident they have no case to oppose iyswim?