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Here you'll find advice from parents and teachers on special needs education.

Original poster

EHCP refusal to issue - next steps

31 replies

Worriedmotheroftwo · 12/07/2024 09:29

Last week we received refusal to issue my son's EHCP (following assessment). We have refused mediation and have the certificate and will be going to tribunal. What is our next step? I've looked it up online but it all seems quite complicated- can anyone just explain to me very very simply what we should be doing right now?

I'm thinking first step should be to inform the case coordinator that we will be going to tribunal. At that point do we give a list of reasons? I have compiled a list of why we disagree with the decision. Who do I send this to?

Thankyou!

OP posts:
BrumToTheRescue · 12/07/2024 14:57

It is OK for the SEND35 form to be relatively brief. As I said, you can add evidence/arguments/statements to your case later.

You may have enough to get over the line for a refusal to issue appeal anyway, but it is a good idea to establish who the SALT and OT are. Schools do sometimes bring in independent providers. If they have a relationship with the school, I have seen professionals be influenced by the school/what the school can provide etc. although they shouldn’t be if writing a private report. It isn’t unheard of, but it is unusual for schools to fund professionals that write tribunal standard reports, so that is worth considering, too. Them knowing you would be requesting an EHCNA doesn’t mean anything.

Original poster
Worriedmotheroftwo · 12/07/2024 13:59

Many thanks indeed - hugely appreciated. My only concern with completing the SEND35 form today is that I feel like it will be a sub-standard attempt and won't be as good as I could do with lots of time spent on it. Does this matter??

The OT and SALT assessments were independent... I think. They are people who come into the school each week to work with the children there; thats how I know about them, and why asked them to do the assessments. Does that make them independent or not? They were aware when they wrote the assessments that they would likely be used for a EHCP application. The OT one is especially specific and precise about what he needs.

OP posts:
BrumToTheRescue · 12/07/2024 12:20

So the next step is completing the SEND35 form. Don’t delay. The waits are long. Delaying, delays the hearing. You can’t edit the form at a later date. You can send further evidence/statements about your case later in the process.

If money is limited you should focus on independent assessments over representation. Evidence wins appeals. The best representation in England can only work with the evidence available. If you think you need/want an independent EP assessment don’t wait until the new academic year to contact them. Anyone good has a waiting list. Depending on what other evidence you have, if the SALT and OT reports weren’t written for the EHCP process &/or weren’t independent you may want to consider independent SALT and OT assessments.

x-posted with @suitcaseofdreams.

suitcaseofdreams · 12/07/2024 12:19

You can let case coordinator know if you want to but the LA will appoint a different tribunals officer once it receives your appeal so it’s largely irrelevant to the current one
Fill in the form now as it’s an approx 12 month wait for a tribunal - you can gather the rest of the evidence during the wait.
Once you’ve submitted the form you wait to get a date from the tribunal service and that will include a timeline by which you need to provide all your evidence (and the LA theirs) - you don’t edit the form as such but you just send over your additional evidence when you get it (as long as before evidence deadline - although even then you can request to send late evidence if needed, eg because waiting for a report etc)

Original poster
Worriedmotheroftwo · 12/07/2024 11:36

Many thanks. No, we haven't yet, although I think I've found the form.

I have made a list of reasons I want to appeal. Should I fill in that form today, even though I can probably complete it much better later on (we are looking into paying for professional advice) or should I wait until I'm fully ready? You said we can add more later - does this mean the form is editable and therefore an ongoing process?

We already have SALT, OT, ASD and ADHD assessment reports. Plus the EP assessment the LA issued as part of the ECHNA process (which was rubbish). I think I'll get a private EP assessment done, but that will have to be next school year now.

Is there anything else I should be doing right now? Should I be emailing our case coordinator or is that irrelevant?

Thank you so much. I've always considered myself intelligent and capable, but this is a minefield and I feel out of my depth.

OP posts:
BrumToTheRescue · 12/07/2024 10:13

Have you submitted the SEND35 form to SENDIST? If not, that is the next step. You can include any evidence/arguments you already have, but don’t worry, you will be able to add more later. If you have already submitted to SENDIST, next consider if you need independent assessments and if you do contact professionals - making sure they have experience of SENDIST and writing tribunal standard reports.