Appealing ehcp- solicitor costs question

thank you @Chocolateroulade
I am in London. I am being quoted £750 for a one off session. Still waiting for a couple of other quotes. Any tips? My email is [email protected]
Thank you
Milla

What county are you in? As long as you can evidence that a specialist has explicitly suggested certain inputs then they wouldn’t have a leg to stand on. If they are privately (rather than LA) specialists they they will likely try and argue that the reports are not independent but you can easily come back to that.

Feel free to message me, i’m a professional who works in this sector. On sick leave at the moment due to recovery after an operation. Happy to help you if I can and would welcome something to keep me busy!

@Dizzydahlias who did you use please? Would be grateful for a pm with the solicitor contact details. Thanks, Milla

How old is DS? If he is compulsory school age and can’t attend school full time, the LA has a duty to ensure he receives a suitable, full-time education under s19 of the Education Act 1996. Are they? They must also ensure anything detailed, specified and quantified in F is provided, although if F is poor, there may not be anything enforceable in there.

First of all I was on here on the SEN section a lot under another name. I had some amazing advice, but then there was two dominant posters who was very leave it the LA, they will do the right thing ( very dangerous to assume this with the majority of LAs) so I left. I then found local mums Inc on FB and I knowledge up. Once you won to assess, to issue, contents then out of mainstream into private SEN I became very confident in my ability. Ipsea have given me excellent advice as have SOSSEN.

Ipsea have come to two appeals with me ( I dyslexia so that's a LD of my own). I use three very tribunal Hardy expert witnesses. The LA roll over for my Salt.

To get into independent SEN all I had to do was prove it was cheaper than therapy in MS. It's not easy or nice, but I'm as comfortable in a hearing as I am at Tesco now and this really works in my favour. Tribunal is evidence based. My LA tend to provide very substandard if any evidence and repeatedly schools have badly failed my kids but not even the most basic of free things, like leaving my dyspraxic son to do the same amounts of laps of the school field for race for life, leaving him alone on the field whilst every other kids was changed in their next lesson. Leave a child with a ehcp for dyspraxia alone on a field exhausted and in pain. That's pretty damming evidence you can't meet his need and that you can't rely on common sence. He is in a school full of dyspraxic kids now

@hitmebabyonemoretime21 To appeal, you submit a form (for refusal to assess it is SEND35a) and other documents e.g. the mediation certificate to SENDIST (the appeals tribunal service for SEN matters).

@BlueBrick

When you say submit to SENDIST, could you elaborate please? I don't want to sound stupid, it's my first time doing any of this and I don't have a clue what I'm doing tbh 🥴

If the LA didn’t undertake the assessments mandated in SEN Reg 6(1) have you emailed the Director of Children’s Services? If you want, you could request SENDIST order the LA to undertake them. It isn’t always successful but is sometimes. Although independent assessments are likely to be more detailed, specified and quantified.

LA assessments are often lacking and the reports are often vague and woolly. Independent assessments are often far more comprehensive with detailed, specified and quantified reports.

Everythinghasgonetoshit email the Director of Children’s Services reminding them of the statutory timescales. If that doesn’t work, email again threatening judicial review because they are in breach of the statutory timescales and are frustrating your right of appeal. Then, if that fails, contact SOSSEN for help with a pre-action letter.

hitmebabyonemoretime21 don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic. If they are going to concede, they will do so whether you actively partake in mediation or just get the certificate and submit to SENDIST. The vast majority of appeals are upheld.

There is an excellent group on Facebook called “Cheshire east parent carer forum.” Even if your not under Cheshire east the support and advice will be they same and the group is very welcoming to members not in the area.
They helped me so much and even reading others posts and the advice given was very helpful.

@DyslexicPoster
Howwww? I'm waiting to go through mediation with LA as they denied an assessment.

DS is 3 and just started nursery but can't go more than 2 hours a day as he needs a one to one for his safety - 3 days out of the week my mum goes tit he school to be his one to one.

He has suspected ASD and is non verbal and has no basic understanding, he has sensory impairment and puts things in his mouth. I have a report from EP and SALT but he has no official diagnosis. Any help or your advice is much appreciated!

Zooeyzo if you can afford the solicitor on top of the witnesses then I would go for it. It's hard enough raising a child with SEND and fighting the system - if you can relieve some of the pressure then I would.

Thisisasurvivor my DN was assessed by an Ed Psych but it was v light touch- he observed him in a PE lesson. Later my DN was diagnosed with ASD, Dyslexia and DCD - but hardly any of the traits which lead to the diagnoses were picked up on by LA's Ed Psych

How long is a piece of string? There is loads of good advice online from people who have been through it. Very knowledgeable mums on mn sn section, and other websites. I'd look there first, then use your money to get good reports to back up your case, as pp suggested.

How was he not assessed properly?

Placemarking. At draft stage now but having a nightmare with LA. We are on week 37, so still in mainstream. Has mod/sev LD most likely and autism.

I feel like they are waiting for me to take legal action almost.

A solicitor can only work with the evidence they have in front of the,. I agree it's better to get independent reports and do it yourself over forking out for a solicitor.

It could well cost more than £10k, unfortunately, but a solicitor isn’t essential. You can do it yourself even if it is a first appeal. I would also prioritise independent assessments. As well as F you should appeal B.

I would definitely prioritise paying for expert evidence over legal representation. I am on my 7th appeal, 3 for DS and 4 helping my sister for her 2 boys. We have only lost one so far (refusal to issue) and we realised going into the hearing that we should have instructed an independent Ed Psych as the LA didn't have a good understanding of my DN. I am sure that the outcome would have been different had my DS been assessed properly.