To ask has anyone got an EHCP in the Independant sector? Mainstream

To help me to understand the process I managed to get a free place on a one day IPSEA course.SOS SEN are highly regarded and they have a recorded webinar on refusal to assess/refusal to appeal you can purchase for £10, it’s the June 2025 recording

https://sossen.org.uk/services/webinars/

The threshold for an EHCNA is relatively low. You only have to DD a) has or may have SEN, and b) may need special educational provision to be made via an EHCP. Any other test is unlawful.

Start collating your evidence. Submit a SAR to the school and any other service/professional involved. You don’t always for a refusal to assess, but consider if you need independent assessments - if you do but can’t afford them, there are charities e.g. Parents in Need who can help.

Take a breath. You can do this.

Was it refusal to assess or refusal to issue?

I think it's a big problem doing remote with people you've never met before. Most unlikely to resolve anything satisfactorily.

We just did an annual review online but it was OK as I know the SENCO reasonably well.

Not partaking in mediation does not mean you can’t show you are serious about resolving the situation quickly or that you don’t have an early chance to show you understand the law, will advocate for DC and enforce their rights. You can still do those things even if you get the certificate and submit straight to SENDIST.

@Needlenardlenoo mediation is not usually F2F now.

My husband's view (which I thought was reasonable) was "we think she needs assessment and they don't - what is there to mediate about?" I'd spent about three years and thousands of our savings at that point trying to get our family out of crisis. I didn't want to sit in a room with uncaring people (if that's even what happens - perhaps mediation is a Teams call?) being told there wasn't a problem.

The tribunal waits have got longer though. I put the appeal in, in the November and we had a decision in early April, so it didn't seem too bad.

When we decided between mediation and tribunal, we thought about the message we wanted to send to the council. Opting for mediation shows we're serious about resolving things quickly - our child's education can't wait for months of court delays.
It also gave us an early chance to show we know our rights and will not be taken advantage of. Councils often drag their feet, so we:

• Applied for mediation straight away
• Sent a polite but firm email reminding them of their 30-day legal duty
• CC'd the Director of Children's Services and our case managers line manager to keep things moving

Just to clarify - the council won't see this as just about SALT and OT support. Unless there's an unusual cost-sharing agreement, they're responsible for all educational costs (whether state or independent) and must ensure recommended support happens. They've got everything to lose and nothing to gain by approving an EHCP - which is why they often resist.

Personally, I don’t bother with mediation. If the LA is going to concede, they will do so regardless of whether you actively partake in mediation or not.

Forget mediation. It's just a delaying tactic.

has to take place within 30 days

Mediation should happen within 30 days, but it doesn’t always. Sometimes the LA say they can’t attend within 30 days, which means the mediation service has to issue a certificate anyway, but mediation can still happen after the 30 days.

You might be able to organise a free 30 minute consultation with Irwin Mitchell, Geldards, or HCB. We chose mediation over tribunal as mediation has to take place within 30 days, a tribunal appeal will take significantly longer

EHCPs are about more than academic ability. You can get EHCPs even if the school doesn’t think it is necessary. They can also be secured even if needs are being met currently - e.g. by a school providing more support than is typical without an EHCP.

You don’t need a solicitor. However, if you want one, some examples of firms who can help with SENDIST appeals are Watkins, Simpson Millar, HCB solicitors and Sinclairs. Firms won’t give detailed advice for free. If you want free advice, have a look at IPSEA and SOSSEN.

You need to decline mediation and do a tribunal appeal against refuse to assess. You do not need a solicitor yourself, just time and patience. All the info you need is on the IPSEA website.

My DD got her EHCP in June of year 6 in a private primary (we paid all the school fees though). We applied in October of year 5. It was clear to me that the LA didn't want to deal with a private school, but whatever, children are children and their rights under law don't suddenly vanish because they're not at a state school.

OP we're going through this at the minute. Council's tend to refuse to assess as it results in a lot of people withdrawing from the process.

We immediately applied for mediation and have this next week. I've been advised most councils concede at this point, especially if you have relevant evidence e.g diagnostic reports.

Arrange a free consultation with a solicitor, we've found this to be invaluable.

The solicitors advice was as long as there's less than 10k cost difference between each setting the council will pay for the independent school - although they are likely to try and push back in the first instance.

If you have evidence that the independent school is a disability need, for example, due to a need for a low arousal environment and small class sizes, this strengths your case and would help you to secure the placement if there is more than 10k difference. You may need an Ed Psych to visit each setting and set out their recommendations

The advice and template letters on this website are invaluable - https://www.ipsea.org.uk

Of course you can message.

SALT and OT can also be included in an EHCP. Again, it often takes an appeal, I’m afraid.

The law is the same regardless of whether the child is attending a state school, an independent school or no school.

That your child got before joining the private system?

He did, yes. Other children received EHCPs whilst already at the school though.