How am I supposed to make a decision?

[Aspieparent]

My 4 year old will be due to start school September 2018. He has development language disorder. He is also in 16 to 26 months for all development apart from self care which is in 8 to 20 months. He has Additional inclusion support at nursery. The nursery have applied for a educational physiologist but been rejected as he's making some pleasing progress however in the last caf they said he wasn't really progressing it's more one step forward 2 steps back. Me and dh have applied for a echp we have 2 weeks of the 6 week deadline left to see if they will assess.
We have visited mainstream school and the impression we are getting isn't great it's all we will do are best we will try. Both has asked about if we have thought about special needs and we have and we do believe it's what's best for him but without echp it isn't a option. I am so at a loss as to what school to apply for or what else we can do.

[Ceto]

Unless and until he has an EHCP, you will have to apply for a mainstream school. There may be some in your area that have specialist units so at least there is some expertise on site. However, you need to find out what schools he will realistically have a chance of getting in - the reality may well be that it has to be the one nearest your home. If he gets an EHCP, you will have the opportunity to think again and ask for a special school if the mainstream isn't working out.

[Aspieparent]

I know I need to apply for mainstream. We have several in the area which is the ones we have been visiting. They are the ones asking if we have thought about special needs. You can tell by there faces that they would struggle to support him. We get the speech we would do our best but there's only so much we can do. None of the schools round here have a special needs unit.
It's so hard. I have asked for advice of so many people and get meet with a wall of silence. I dropped him off at nursery at 1pm and left him so upset. He said nursery makes him sad. The nursery don't even comfort him when hes upset. They won't any adjustments at all for him. They change the routine at nursery and don't even give him a period of adjustment. He's struggle so much and so emotional at the moment. I really hurt for him.

[Aspieparent]

Yes he is

[Aspieparent]

I am going to take it all the way appeal tribunal if they refuse.
Yes I have looked at the SS and it feels right I you understand me.
The development language disorder is new we got a speech report on Monday saying he is presenting with it ( I am taking that as the SALT way of saying he has it??). So unfortunately that report wasn't included as evidence for the echp and i haven't had no response not even a acknowledgement that they have received the request so not sure how or even if I can update them.
Yes we now get dla it was a struggle to get but we finally got it the second time we applied.

[Allthewaves]

You need to keep pushing Lea about echp. Ring them, get advice from some of the excellent charities - find out what time lines should be and push. Sadly only way you get anywhere

[Ceto]

The trouble with not bothering to appeal and reapplying instead is that you will have lost a lot of time if they refuse again. These days appeals against refusals to assess are easier than they used to be, because they are done on paper, and they have an extremely high success rate for parents.

[Ceto]

12 weeks, unless the LA concedes first - which they regularly do.

[StarlightMcKenzee]

Because if you are appealing, the LA can assess at any time, - but are most likely forced to by week 12 if they haven't seen sense before.

[StarlightMcKenzee]

If you've applied for an assessment for an EHCP, and the LA refuse to do it, then you can appeal, but you'll have to wait for a tribnal date which you will be given.

At any point from then on, the LA can concede and agree to assess. You can even put in more evidence at any point up to the tribunal date.

What the tribunal date gives you, is a safety catch.

[Aspieparent]

It think with an appeal it has to be looked at by people higher up. I think the idea of appeal is for the tribunal it makes it more legal.

I sent the request via email am I likely to get a response via email or letter?

[StarlightMcKenzee]

They can do it in 6 weeks even if you appeal (and actually at that point in 1 week if they wanted), - but by appealing you are almost guaranteeing that they'll do it by 12 weeks regardless of what they do or don't do before then.

The odds of they agreeing on re-application are minimal. It's a postcode lottery and will depend on your LA, but currently the Government have threatened sanctions for any LAs who haven't transferred all Statements over to EHCPs by April Fools Day, and that means hardly any (probably none) LAs will agree to assess for a new ECHP regardless of evidence.

[Aspieparent]

We are also currently doing a transfer from statement with our 13 year old. All evidence in and waiting to hear now. From what his school said they are currently prioritising children in year 9 and year 11.

[Aspieparent]

I believe they are making it more and more hardwork from what I have heard. I spoke to ispea they told me the chances of them agreeing to asses are really low. Even though he will definately need it for school because nursery say he's ok at the moment they likely won't asses. He told me his development trackers mean nothing unless I have a report that says the words he has significant delay. Also told me that the only other way I could try would be to prove nursery aren't doing what they need to support him. I gathered up all the reports I and nursery have and caf notes and sent them. I have to at least try and I certainly won't give up.

[notgivingin789]

Appeal OP. I would also look around for speech and language units attached to a mainstream school... if there's none in the area, look into your next neighbouring borough. If that fails...independent specialist speech and language schools

[MonochromeUnicorn]

I'm in almost the exact same position.

My DS has ASD, receptive/expressive language disorder and is at 16-26 months for most of EYFS. We have to apply for his place by the end of the year.

We have put in a request to access for an EHCP and are waiting to hear. We will definitely appeal if they refuse. In our area you aren't allowed to re-apply for 6 months after a request has been refused, but you can appeal (not sure if this is the same anywhere else).

You should have received confirmation that they have received your request, so definitely chase this up. I applied via email and received a reply with attached standard letter and parent's view form. Also find out if there are any independent supporters in your area to help you through the process.