EHCP Panel?

[Justpeachy88]

Hi all,
I’ve received some great advice on here before about applying for a needs assessment for my son. Was originally refused in November due to lack of evidence. Primary didn’t forward any information regarding SEN and refused me a subject access request a few weeks back due there being too much admin. Then later telling me they’d forwarded all they had. His secondary confirmed they didn’t, which is another story but my son hasn’t has the start I’d hoped this year due to this.

However I reapplied 7 weeks ago with just the evidence I have for this year and I was told it will go to panel next week, they just need information from school. Which I wont hold my breath on. I’m not even sure if he’s on their SEN register as my emails are mainly ignored or someone ‘will get back to me once they’ve looked into it’ which never happens. This is why I’ve gone above for the EHCP as he isn’t having his needs met at all by school.

Does anyone know if I need to do anything, does the panel mean his needs assessment has been accepted or does it mean they will look into it further to see if he needs an assessment? All new to me, so any advice is great thank you.

You can complain to the ICO about the SAR refusal or if you think they haven’t disclosed everything they should.

If the LA hasn’t informed you if they are going to assess or not yet, they are in breach of the timescales. They should do so within 6 weeks. You should raise this with the LA.

You don’t need to do anything about the ‘panel’ (which might not even exist in the form you are imagining). It doesn’t mean the LA has agreed to assess.

If the LA refuse to assess or refuse to issue, appeal.

Yeah I think complaint is the next step.

I have contacted the EHCP team directly who told me they will have an answer next week once school have got back to them, although they’re aware they’re late with the timescales.

Is the panel just the sharing of the information they have?

I will definitely appeal this time. The only reason I didn’t last time was due to lack of evidence as there was none, I think it’s unacceptable that the primary school have provided nothing to his new school at all. As though his whole time there and struggles didn’t exist. The only reason I can think they’ve done this is that they’re well aware they didn’t handle his needs correctly while he was there.

There’s no one way ‘panels’ work. Sometimes they don’t even exist and are something for LAs to hide behind. But, yes, a decision will be made based on the evidence available.

You could also make a SAR to the secondary school.

It sounds like you have requested a EHCNA (an education health care needs assessment) this request will be reviewed in the panel and they will decide whether or not to agree to him being assessed. The assessments results form the EHCP which then go to panel to see if the EHCP should be granted or not. So at present I don't think anyone can predict to answer your question.

The legal threshold for a EHCNA is low but some LAs are difficult to gain an assessment, want lots of evidence of school support in ordinarily available provision first before they will grant assessment. They then approve almost all at second panel.