ehcp refused now dont know what to do.

[Marieann123]

does anyone know what i need to do now

Hi OP, what do you mean by refused? Refused at what stage?

The letter/email notifying of the decision, should contain all the details of how to appeal.

Appeal ASAP.

Good luck.

If you mean the LA refused to issue, you can go to mediation and then appeal. The details of how to do this should be on the refusal letter.
Try not to worry op, this is really common, and more often then not decisions are reversed on or prior to appeal. My DC was refused an EHCP and the decision was reversed half a hour before the scheduled mediation meeting!

Appeal to SENDIST. You will need a mediation certificate - details in the LA’s decision letter. You don’t have to actively partake in mediation. You only have to consider it. You can get the certificate and submit an appeal to SENDIST.

To assess or issue?

You should be told how to appeal through mediation and/or independent hearing.

(IPSEA) Independent Provider of Special Education Advice https://share.google/rCdikwRp6f4ImmApy

Great source of advice and information.

Have you contacted your local SENDIASS team? They were invaluable helping us navigate the system a few years ago.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

That's true. We had a bad experience to begin with where we used to live. SENDIASS were just awful, nodding along with the Council representative and agreeing with what he said and not supporting us at all.

However, after we moved to a different Council area they were brilliant, really holding the Council to account and telling us to complain and appeal until we got the support DS needed.

So, yes, they can be a bit hit and miss but I hope yours is a supportive one.

As others have said, appeal.

Look at what grounds they have refused on, what the legal tests is, and then provide evidence that they're wrong. It sounds complicated but I promise it isn't and the tribunal service are very good at answering questions and setting out what you need to do and by when. Basically, they don't expect you to be a top flight lawyer in order to navigate the process and - from experience - it is surprisingly straight forward to submit an appeal.

For the appeal I did, the LA refused on the grounds that DC needs could be met from existing provision. I was able to prove that this was incorrect by showing evidence such as emails from school asking for permission to refer DC to this service or that service as they'd exhausted their provision, DC's SEN plan and targets which showed they weren't meeting the targets set even with support (targets were colour coded red and green), DC attendance record which showed a gradual decline from good attendance at the start of the school year to persistent absentee by the end of it and all the absences were coded as mental/emotional health, reports setting out what support DC needed, and so on.

Statistically, you are very likely to win at appeal. In over 90% of case the tribunal will side with the child rather than the LA.