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Adoption

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Appealing EHCP

6 replies

SuperAunt08 · 04/09/2026 23:24

Hi
Has anyone successfully appealed the EHCP for their child, particularly Section I.

This is a long story but I’ll keep it brief. My son started secondary school this year and after the first half term it all went down hill and he clearly wasn’t coping well. He is working below age expectations in several subjects but this is mainly due to his deregulation and social/emotional needs than ability (which is the reason for his EHCP). Throughout year 7 he has had over a dozen 1 or 2 day suspensions for persistent disruption and it transpired that during consultation the school we had chosen had said they couldn’t meet his needs but there are only really 2 mainstream secondary schools within the area.

During his first EHCP review school said they needed a significant increase in his funding to employ a 1:1. This was granted but then they immediately used that funding to send him out to alternative provision where he has been for most of this year. This is not intended to be long term and everyone seems to agree that mainstream is not suitable but I have been advised that the only way to get Section I changed to name specialist provision is to launch an appeal and take the LA to tribunal. I have had the LA response which does state that he may need specialist provision but there is no capacity within the county and the hearing date is set for August 2028.

i have got a number to arrange an appointment with SENDIASS to help with the process but I just don’t understand why it takes 2 years to admit he needs specialist provision when all evidence points to mainstream being unable to meet his needs!

OP posts:
sunshineandskyscrapers · 04/09/2026 23:55

Having specialist provision named should not have to be done via tribunal. The first step if the named school cannot meet need is to call an emergency review. However, either way, you are going to have a fight on your hands if there is no capacity within the county.

Do you want him in mainstream with a 1 to 1, as per his EHCP. Or is the alternative provision working out better for him? Those are the two options on the table for right now. The LA will tell you that AP is not for the long term, but if they can't provide him with a suitable education in a school then they have to continue with AP until they do.

sunshineandskyscrapers · 05/09/2026 00:04

Try to get an appointment with IPSEA too. SENDIASS are supposed to be independent, but they are a part of the local authority. IPSEA are truly independent. They are in high demand as a result though.

Arran2024 · 05/09/2026 09:01

Local authorities can and do place children outside of county. Of course, it can be tricky if you live rurally and are not within reasonable travel of the school you want. But taxi of up to an hour is absolutely normal.

I would suggest you contact sos!sen or ipsea for help. Sendiass is quite restricted as to what they can do tbh.

SuperAunt08 · 05/09/2026 22:16

The AP is ok but because it’s not intended to be full time he has to go to one provision for 3 days and a different one 2 days a week. He only does a bit of maths and English each day and then they go to do an activity in the afternoon. He currently gets a taxi there. He wants to be in school with friends.

Actually because of where we live within the county, the out of county specialist school that I would prefer is a lot closer to us than those the LA consulted with.

The part I am confused about is that the LA say they will continue to look for a suitable placement but are also saying they contest my appeal and that we have to go through the Tribunal process. By the time it gets heard he will be going in to Year 10 and missed most of his education.

In the interim I have asked for him to be transferred to the other mainstream school where a lot of his primary friends attend, for a fresh start but I suspect it won’t take long until we’re back at AP. It shouldn’t be this hard though surely?!

OP posts:
sunshineandskyscrapers · 06/09/2026 23:58

No, it shouldn't be this hard. Unfortunately you're working with a system that is on its knees and stretched far beyond capacity, though.

The local authority can and indeed should consult with your preferred school that is out of county. You can also approach them yourself to sound them out about your son's needs and whether they feel they can accommodate him. It will ultimately need to be done through your LA though, but you can make your own enquiries.

You've talked about your son wanting to be at school with his friends. Is this actually a viable option? In your view, would he be able to cope in mainstream school with a 1-to-1? It's not really clear how long the school tried this for. Was the persistent disruption still a factor? If you think the school did not give that option a proper chance then you absolutely have the right to push for it, whether at his current school or the other mainstream school, since it's written in his EHCP. However, if it is genuinely unmanageable for your son and for the school due to the level of disruption he causes then you do need to move on from that and put your energy into having him in an environment he can manage, whatever that looks like.

As a parent, I've been in a very similar position, I gladly accepted the AP as an interim measure. My preference was actually for a permanent EOTAS package as school simply wasn't the right environment for my child, although the LA will only go for that as an absolute last resort. While he was out of school I got him involved in quite a few extra curriculas to make sure he was getting the social contact he needed with peers. In the absence of any suitable school in an entire county, the LA consulted, at my request, with an independent school out of county, who accepted him, and it's honestly worked out brilliantly.

It's a hard road. I genuinely sympathise with the schools and LAs who are working in very difficult circumstances, but at the same time you need to be like a dog with a bone about getting things done and call out the LA when they are not doing what they should be doing or not meeting statutory timeframes.

If you want to give the other school a go and see how that plays out then do that, but if it isn't working then make sure the LA consult with your preferred out-of-county school, and submit a formal complaint if they fob you off.

If you haven't already, get in touch with the virtual school. I had them attend some annual reviews and they were very helpful in terms of having an additional advocate in the room.

Patchyman1 · 09/09/2026 12:07

My 2 go to SEMH schools, one in County and one out of county. The out of county wanted more funding but we argued that the cost of AP while he was in mainstream and his pupil premium plus money should more than cover it and it was agreed. We also played the adoption card, as adopted children get priority places. They are both happy at their schools, but due to the other kids needs and the distance they all live from each other, we have enrolled them on a local activity each to mix with more local kids.
I would say of all our adoption battles, school placements and EHCP's were the things that nearly broke us. Keep fighting. X

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