EHCP refusal to issue - next steps

apologies OP for hijacking but I could really do with this help if you don’t mind sending me your form. Currently about to appeal refusal to assess and feel stuck and overwhelmed

at mediation the LA agreed to go back to panel.

This is part of the problem. The LA must bring someone with decision making authority.

You have time to lose. Delaying submitting an appeal, delays a hearing. If the LA is going to concede or send it back to ‘panel’ they can still do that even if you submit to SENDIST.

My son’s LA refused to issue, instead issuing a ‘support plan’.
I went to mediation (Global mediation, they were superb, the mediator was amazing) and at mediation the LA agreed to go back to panel. In the meantime, I lodged my appeal (also agreed at mediation) and got a date in April. We also met with the EP who had done the original report and told me she was really surprised they’d refused to issue.
Went back to panel this week; by this point the SENCO and I had gone through the support plan point by point and resubmitted it to the LA, pointing out all the errors, also had a report from CYPIT, a private cognitive ability assessment and by this time also has his ADHD assessment (already had ASD assessment).
And they agreed to issue this week.
I agree that LAs use mediation as a delaying tactic, but given there is about a 10 month wait for appeal, I don’t think you’ve got anything to lose! I suspect they want to know if you’re likely to fight or not, mediation is that first step.

If you are submitting a SAR to the LA request all data about DS. Also submit a SAR to the school and any other agencies/professionals involved.

Don’t include representatives' names if you don’t actually have someone representing you at the moment. If you later decide to have a representative, SENDIST can be informed at that point.

Personally, I wouldn’t wait for legal advice. It really isn’t necessary at this stage and delaying submitting the SEND35 delays the appeal. You will be able to add evidence/information/expand the reasoning behind your case later. The SEND35 doesn’t need to be your whole case. Include what you have now, but don’t panic. Many add evidence/points later. The LA may concede prior to the hearing. They may not. This applies whether the SEND35 form is relatively brief or extremely detailed.

I've done both! And in fact I already have an anonymised version I did for another Mumsnetter - would you like it?

Oh my bad, it's refuse to issue isn't it?

I can send you mine with personal details redacted if that helps? PM if you want me to do that (but let me know, as I can only view PMs on the computer and am on the app). This is for refuse to assess, right?

When we went to tribunal, our solicitor advised against mediation as you can still try to negotiate with the LA while the appeal is being processed.

Haha yes! Considering our LA only confirmed the name of our case officer two working days before "going to panel" (where they declined to issue), I'm not sure they would even have admitted to having a decision maker for the first 10 months of so we were dealing with them.

You also have to consider the fact although LAs should send a decision maker to mediation, they don’t always.

Yes the SEND35 form - think of it as a cover letter (like for a job or funding application) - you then attach any additional evidence.

I used to do fundraising from the National Lottery and so on and it does help a bit to think of applying for EHCP as a funding application. As that's essentially what it is.

@Shhimtryingtosleep the LA can progress the EHCHNA/EHCP process at any time, but my experience has been that they do bugger all if there's nothing legal happening. Squeaky wheel gets the grease and all that. I did discuss it with DH the first time we declined mediation and his view was 'we think she needs assessing; they think she doesn't - what is there to mediate about?' which I agreed with. Plus we had already organised our own ASD/ADHD assessments, various therapies, secondary school place etc so frankly I was beginning to feel that we knew more than they did about what DD needed, given that it was clear they hadn't actually read anything we'd sent anyway...

LAs do use mediation as a delaying tactic. Obviously, that doesn’t mean it is never successful, but on the whole LAs use it as a delaying tactic. Just complete the SEND35 form and submit to SENDIST.

My LA is reportedly one of the worst in the country.

@Shhimtryingtosleep lucky you! A lot of LAs use mediation as a delaying tactic.

Can I ask why you refused mediation? My sons EHCP was denied and we did mediation, 30 minutes in they issued his EHCP

EHCP support thread no. 3 - www.mumsnet.com/talk/special_educational_needs/5077140-ehcp-support-thread-no-3

Hi OP, you can post on the EHCP support thread on here. I'll add a link in a moment.

I just put a day aside and followed the Ipsea guidance on what to include. I summarised the problems on the official form and then added a continuation sheet with more detail. Then added all the evidence (assessment reports, medical evidence, what school said and so on). I used the free version of Adobe Professional to index it all and make a pdf (SENDIST does everything by email).

I've done two tribunals and not paid anyone to do the writing part for me - did pay for a bit of advice on the draft EHCP when we finally got it.

@Worriedmotheroftwo

You may find these links helpful:

https://www.ipsea.org.uk/appealing-to-the-send-tribunal

https://www.ipsea.org.uk/general-advice-for-all-appeals

Refusal to Issue Pack

https://www.ipsea.org.uk/where-can-i-get-help

LAs often use panels or at least claim to. But it doesn’t have to be.