How the hell do you get an EHCP

Always appeal. Over 90% get to assessment through appeal. They refuse almost all applications using local policy not the actual legal criteria, which is clear your child will meet. Get the mediation certificate (they may make you attend meeting for this to be issued) but some do return to panel after this so it can avoid the lengthy appeal process. Then use the ipsea info pp posted to appeal and agree to paper appeal. Honestly it's annoying but it happens to most. Good luck.

I am so sorry OP, how incredibly frustrating and demoralising. I am not surprised you are exhausted and crying all the time.

Firstly, there are dedicated SEN threads on Mumsnet which may be a good source of support and knowledge for your journey going forward.

I found this website very helpful for EHCP advice: https://www.specialneedsjungle.com/get-prepared/ especially on understanding the legal basis for requesting an EHCP assessment.

Your Local Authority should have a website detailing their local offer for SEND which has the details of the local organisation which offers advice to parents on applying for EHCPs and DLA - make use of their support and advice.

Definitely appeal as others have said, almost all appeals are successful in some way and consider ensuring you have sight of and can amend anything drafted by the nursery to make sure it accurately and adequately sets out your child's needs and meets the criteria on the form. I had to rewrite the application for my son as the otherwise very helpful SENCO had set out my son's challenges but had failed to fully explain the impact on his learning, which is what the form asked for and which is the basis of the award.

Do not take it personally. There is a complete crisis in SEND funding and the whole (broken) system is therefore currently geared towards avoiding awards. As an individual parent, the only thing to do is to draw on all the resources you can to keep making the best case for your child and aim to wear them down before they wear you down.

Good luck and stay strong xx

As others have said, appeal it. My child is similar to yours and they refused to assess. Apparently her needs weren’t severe enough. An EHCP is now in place. It really is awful how some Councils seem to refuse everyone, despite them more than meeting the requirements for assessment. A big unmumsnetty hug for you.

Appeal

We’re just in the process of getting an EHCNA so we can then get and EHCP

We’re fortunate enough to be able to fund it, and to be honest, it’s taking the stress away which means we can focus on DD.

In our 15 min free appointment the SEN specialist (who will write the request for us) explained that most requests are denied, as a PP said above, as a delay tactic.

Most re requests don’t make it to tribunal and are simply overturned and then the EHCP written and granted.

The organisation were using (Autism Oxford) also deal with appeals - there’s a price list on their website to give you an idea of costs.

Good luck @Crystallizedring

Just appeal. I managed to secure ehcps for all 3 of my children. It’s very possible.

councils are really stretched at the moment, they’ve probably refused it just to delay.

What reason have they given for it being refused?

Appeal it… I’ve heard some LAs just automatically reject a really high proportion of requests so most people only secure one by appealing :/

Appeal. We're on the 2nd attempt and mediator is lovely and very supportive. Last time I missed the tribunal deadline date as we were in the eye of GCSE's. This time we've been refused an assessment as there's no external expert involved.... have got her psychiatrist, psychotherapist and physiotherapist attending mediation 🙄 Who the fuck have I been taking her to see weekly?!?

School will still give him support, it's much easier to get funded after they can say how much support he needs than pre-empting as development can change hugely between preschool and reception age.
A lot of things which can be on the slow side of normal in preschool (very little communication, late potty training) are signs of significant additional needs by halfway through reception.
Once he's been in school for a few months then they can write up the support he's actually needing and it's much more likely to be approved.

The letter you received will explain next steps if you aren’t happy.
Usually it’s worth going straight to appeal but in your DSs case I would try mediation as it’s so clear he needs one. Arrange for either nursery or one of the professionals working with him to attend mediation with you.
Is the speech therapist support

I appealed - there should be a letter explaining why they refused and explaining the next steps.

I actually went to mediation - DD’s assessment was refused on the grounds that the college hadn’t given enough information in the original application. Tribunals were taking about 18 months, mediation could be done in 4 weeks - mediation was the quickest way to get the extra information back in front of the LA. The agreement to assess came through before the mediation date.

Appeal is the next step. Hope this helps https://www.ipsea.org.uk/appeals-against-a-refusal-to-issue-an-ehc-plan

Some councils automatically turn down requests as a delaying tactic, it's nothing personal, and doesn't reflect on your DS's needs.

You just need to appeal, it won't cost you anything if you don't want it to. You will almost definitely win.

That's appalling ,my now 14 year old son had ca statement ( aa it was then ) and a special school place for when he started reception have you contacted the SEN independent advisory service for advice your LEA should have one
I wouldnt delay him starting school let them no of his difficulties and they can help getting support in place.

By sacrificing a baby lamb to the council while singing Kumba my lord.

It's really difficult you need to appeal, and just fight them.

Go to tribunal, around 96% of refusing to accsess gets overturned.
And some even get conceded before they reach that stage.