shit, EHCNA refusal, aibu to feel mad at school & SENCO?

[sillygames]

EHCNA just refused after the first 6 weeks? It was a parental request.

Can't believe it. I feel sick. DS has a long list of complex SENDs (ADHD/ASD/SPLD/SEMH) and chronic anxiety. He's at one of those super strict Academies. We only discovered SEND issues after joining. It's totally inappropriate for him as many professionals within it agree. I thought the SENCO agreed.

ECHP co-ordinator said the "Panel felt from the evidence provided that DS is making progress with the support provided by the school Panel felt that the school can use more strategies from EP’s recommendations to support DS social needs."

I feel sick. He's so anxious because of all the rules and his failure to do well that he's suicidal. The school & SENCO is know this. WTF did they say to the EHCP team?

How long do tribunals take?
If we take him out of school for the sake of his sanity will it make a tribunal and (hopefully) resulting EHCNA take longer or take less time?

A reduced timetable normally means only attending school part time rather than being in school full time but attending fewer subjects. SS tend to sit fewer subjects but still offer a full time education. My post was about the former.

Attending fewer subjects can be done, but without an EHCP is harder to achieve. This is in part because of the need for DS to go somewhere/be supervised when not attending classes and limited staffing/resources so schools are often reluctant. You shouldn’t have to, but if you could provide the school with a solution to this they may be more likely to agree.

Really good advice from four boys. You need to evidence all of the support, adjustments and interventions - and that they have been given fair time to work - but that your son is still failing, that the gap is widening with his peers.

SENCO here, this is happening more and more and is extremely frustrating. Do not give up! How long ago was the EP report? I have had this situation, it is unlikely to be the school's fault.
I made a table of all the advice the EP gave, how it had been implemented and then how there was still a serious need. Send that back to the EHCP coordinator and ask them to take the case back to panel. Don't give up!

Can you get an EHCP without an EP input?

we don't have that. School said it was doubtful we would get one, apparently they are like gold dust with a gazillion children in need of one.

You don’t need an EP assessment to request an EHCNA.

If an EHCNA is undertaken advice and information from an EP will be part of that.

@FourBoysAndAFeline it used to be the case in my area that a child would see an EP and then apply for an EHCP afterwards. Now there are not enough EPs to do that.

Quite often the EP won’t even see the child as part of the EHCNA and will only speak to school/parents.

With regards to getting OT or S&LT assessments, many NHS assessments are only carried out once an appeal has been lodged and the families have already obtained private reports.

Hi OP, sorry to hear this.

The IPSEA website is very helpful.

Process seems to go:

1. Apply for ECHNA
2. LA refuses to assess
3. Get mediation certificate
4. Tribunal (90% ish find in favour of parents)
5. LA assesses (not sure if it may be possible to organise your own EP report if they claim they haven't got any)
6. LA refuses to issue
7. Tribunal

We are at stage 4 of that so I'm not sure what we'll do after 7...

There's a process called a managed move that local authorities can do. It's usually for behavioural reasons but I don't know if this can be used to find a more suitable but still mainstream school? I work in a mainstream comp and we manage to treat SEN kids decently I think.

Schools vary so much.

That first bit was supposed to be 1.

Honestly moving him to some other, less structured mainstream school would be distressing for him, more chaotic and more boisterous NT children would not help. He does not want to do that. The current environment is based on fear and sanctions, the EP's recommendations won't change that.

I felt the same. The LA suggested a resource base in a mainstream but DS was so broken by then that it wouldn’t have worked - he needed a specialist school where he could heal and be himself.

During an EHCNA the LA must seek advice and information from:
a) the child’s parent or the young person;
b) educational advice (usually from the head teacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

Waiting lists and lack of staff are not lawful reasons not to comply within the statutory timescales. If the LA can’t assess in-house they should commission an independent assessment.

Google "IPSEA refusal to assess pack " and work through it. It will help you put together your grounds for appeal.
Appeals for refusal to assess are 'only' around 3-4 months at the moment and the LA often concede ahead of tribunal.
There are only 2 criteria to meet- your child MAY have SEN and MAY need provision in accordance with an EHCP. Tribunal will not be interested in anything else.
You should also highlight you need an OT and SALT assessment as part of the EHCNA if you've not had these (specifically ask for this).
The LA lose over 90% of appeals.
I have appealed refusal to assess twice and the LA conceded both times.

Choose a different school. One you don’t need an EHCP for. If the SENCo really felt he needed an EHCP, she would have made a good case for one. She obviously doesn’t see the problems you see.

If the SENCo really felt he needed an EHCP, she would have made a good case for one.

Sadly this isn’t always true. Some tell parents their DC doesn’t need or won’t get an EHCP and tells the LA that too but the parents go on to successfully apply themselves.

I’ll admit to not having RTFT but one question - did you choose this school for him or was it one you were allocated as you didn’t get a preferred choice?

Yes, me. Parent to a child who is blind and has autism and ADHD, among other disabilities. As if my child did not/does not need an EHCP. I’m still not clear if it was arrogance, laziness or being brainwashed by the LA that convinced my DD’s school head of SEND that she didn’t need an EHCP. Anyway, she was wrong. And not only did my LA award the EHCP but they also allocated additional High Needs Top Up funding. The only thing I can extrapolate from my experience is that my DD’s school’s Head of SEND does not know the legal ins and outs of her job and is therefore not fit for purpose.