ASD school refuser, EHCP application rejected

[Moon05]

My 12 year old DD has been a school refuser for over a year and is currently accessing online school for 2 academic subjects. We have had an EHCP application rejected due to lack of support given by the school - ie. She is not getting 15 hrs a week support. But how can she if she's not able to access physical school? Is there any way we can respond to say they need to carry out an ehcp review?

[Marshmallow09er]

Yes - you can appeal the decision. Something like 85/90% of no assessment decisions are overturned at appeal.

You can also go to mediation, or re-apply straight away (sometimes LAs say you have to wait 6 weeks to reapply but this is unlawful).

IPSEA and SOSSEN both have a lot of useful information online about appealing, and you can also request a call back from them.

The fact your DD is unable to access full time school shows that there are unable to meet her needs currently - all you need to show for the LA to assess is that she may have SEN and may need an ECHP. You can absolutely show that.

Unfortunately LAs seem to refuse to assess no matter what these days, hoping people will be put off.

(My DS was also part time, we were refused assessment; I appealed, the LA conceded prior to the Tribunal date as it was pretty obvious they would loose - he now has an EHCP).

[Moon05]

Thanks so much for your reply that's a huge help. I am chasing up the SEN Team today about top up funding and have a TAF meeting on Wednesday so will get reading and be armed to challenge the rejection. Thanks again.

[StarlightMcKenzee]

The appeal is simply done on the paperwork. Just put together a written case and submit it with the appeal stuff. You won't have to attend an appeal healing. It is unlikely you won't win it.

[Moon05]

Thanks. I am currently having to fight to just get the appeal paperwork. They didn't respond formally to reject the application (error 1 from them), I had to phone them to find out! But I am building a case. Thanks for your support.

[StarlightMcKenzee]

Write to them formally, asking for your refusal letter so you can lodge an appeal.

They might concede at that point and send you a letter agreeing. They probably won't, - but they might so it is worth doing.

[Moon05]

Thanks everyone. I have had a phone consultation today with IPSEA and they have supplied a draft letter to ask for our refusal letter and some great advice on appealing. Feeling ready for the fight now.

[Moon05]

Thanks zzzzz. I am feeling very cynical too. I have got them to authorise top up funding this week and send out our refusal letter. I am also building the case for appeal, but as you say we shouldn't need to change much/anything, just highlight the key points.

[Moon05]

I hope someone might be able to offer some advice as I am fuming after receiving a letter from the LA today and can't call anyone for advice until Monday. Instead of a formal Refusal to Assess letter I have received a vague letter saying they triaged the request but didn't send it to panel due to lack of evidence of support from school (she is out of school but evidence was given of what they tried to get her back in and that they are now paying for online school, and have spent over £6,000). They state that the request has been changed to offering top up funding which is true but does not explain why we have not had a formal response to the EHCP request or why it was refused as they are breaching the SEN code of conduct. I have drafted a letter of complaint based on a letter from IPSEA but hope someone can help advise.

[StarlightMcKenzee]

Don't panic! I would register an appeal with SENDIST rather than complain. Use that letter as a formal refusal, but indicate to the tribunal that the LA have refused but failed to indicate your right of appeal.

Make that your intention but book a call with IPSEA all the same as they need to know your LA as they keep data on these kinds of shenanigans and may offer further advice.

Try not to fume. There is more to come and you need to save your energy.

[Moon05]

Thanks Starlight that's great advice. I am trying to book another call with IPSEA. Nothing at the moment but I will keep looking for a slot. Time to take this higher as the LA are just trying to fob us off!

[youarenotkiddingme]

Interesting you say IPSea keep data. Towards end of stupidity of process with ds I got a knowing groan when I mentioned my LA!

I agree about keeping to point. One lanplay games of trying to muddy waters and use what you do as their own defence.

You simply have to say "statutory duty to inform of decision after request by x date wasn't adhered to. No letter informing if right to appeal as stated in section ..... of sendcop was sent. Want letter as per statutory duties so you can appeal as your DD needs more than school can provide as evidenced by her inability to attend due to needs"