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EHCP assessment refused. Appeal or reapply?

(8 Posts)
Ofew Fri 15-Sep-17 10:17:43

Our EHCP application (it was made by school) has been turned down, the LA are refusing even to carry out an assessment. I think we have grounds to appeal. However school are offering to put in a new, better application with additional evidence. Do you think we should appeal the original decision (and send the additional evidence) or forget the old application and put in a new one with the additional evidence? I'm trying to work out which is the best strategy and has the greatest chance of success! Very grateful for any tips.

Marshmallow09er Sat 16-Sep-17 16:02:54

Appeal - you can use the new evidence from school as part of your appeal.
95% of non assessment decisions are overturned at appeal

Tainbri Mon 18-Sep-17 14:50:31

You can appeal ( most applications are turned down as standard - we were, he's now in a special school with full time 1:1!!) otherwise re-apply yourself, but I think you have to wait 6months. It is much better if you're the one who replies rather than the school as then your in control.

Sausagepickle123 Wed 20-Sep-17 21:15:28

Appeal. Also ask if LA has a dispute resolution procedure. Ask for that alongside filing appeal documents. Our LA agreed to assess 2 days before dispute resolution meeting. We filed new evidence with the appeal.

Raaaaaah Tue 03-Oct-17 14:19:06

We found it easier to reapply. The school hadn't given enough evidence first time around. The second application was accepted and from then it all went through very easily. Our LA Ed psych looked at the application before it was sent.

goingslightlycrazy Sat 07-Oct-17 07:24:49

We went to mediation and got the decision overturned

Goldmandra Sat 07-Oct-17 22:56:21

Appeal. The new evidence can be used for the appeal. If you apply again, and then end up appealing you've just added more weeks to the time it takes to get the provision your child needs.

The vast majority of appeals against a refusal to assess are successful.

Some authorities refuse applications for EHC assessments, even when there is good evidence, simply to delay matters and put parents off. Some parents won't appeal or apply again and that saves them money.

Lodge an appeal and agree to mediation.

Bobbybobbins Mon 09-Oct-17 18:23:31

Great to read this thread. We have also just had EHCP refusal to even assess. We are getting on to appealing!

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