EHCNA refusal appeal submitted - aibu to escalate while i wait

[ehcpnightmares]

I have submitted appeal against a refusal to assess for an EHCP.

Any tips on what else to do now?

I was thinking of sending document outline grounds for our appeal (without the 34 supporting docs) to team at LA who sent out refusal, maybe to director of education, maybe MP.

Is this likely to be useful and effective?

Otherwise I guess we have a 5 month wait until the appeal is heard?

Did you ask for mediation, or did you just get the mediation certificate?

Yes, I would say it's worth a try. It may well prompt them to capitulate before it gets heard.

I just got mediation certificate

Hound them constantly. Send as much evidence as possible. Send it as and when it comes in. Send it to anyone you can get contact details of.

make it known NOW that you are not giving up. That’s the only reason they’ve turned it down, on the off chance.

So you haven't actually had any communication with the team that refused the EHCNA? I would then email the caseworker, or phone the SEN helpdesk in your area. The whole point of mediation is to try and resolve the issue before you have to go to appeal.

we have had a letter saying that the assessment was refused

I've done the formal response

I'm just drawing up a hit list of people to harrass about it

I am slightly uncomfortable sending all this really personal information to all and sundry, but would rather that than have the case gather dust for months

You can still request mediation at any stage, and it should not impact the date of the appeal hearing. Just be sure to make it clear that you still want a hearing even if you attend mediation.

The ehcp process is a marathon. It's depressing how rubbish the system is. Took us over 2 years from applying to receiving the final, should have been 20 weeks.
The refusal to assess is quite easy, most go in favour of the child and the la know this. You could email all and sundry at this point but they want to time waste and will wait for tribunal. Save your fight for further along. I say this as someone who has been to 2 tribunals, had an la that followed no laws. I sent emails to everyone in the 2 years, noone got any movement from the la. They don't care, they answer to noone. Even after tribunal said they must issue ehcp the la took 10 months to write it. Its an ongoing battle

Mediation is often used as a delaying tactic by LAs, but just getting the certificate and submitting to SENDIST doesn’t have to mean not communicating with the LA.

I’ve been through this process a couple of times over the years unfortunately.

Refusal to assess is a very easy process to appeal.
The appeal is on the papers and is based on the information you submit. It has a really high success rate in favour of parents.

Refusal to issue and content/placement appeals are more challenging and the success rates reduce, although still high. They are in person or via video link and the LA will employ a barrister to represent them. I have always represented for my family (and won every time except one content appeal that was a ‘draw’ as it was partially upheld),

If you appeal refusal to assess it’s currently about 6 months to the hearing, if you appeal refusal to issue it’s about a year to hearing, if you appeal content/placement it’s another year to the hearing.

If for example you wanted a special school and you needed to appeal at each stage, if you are successful it can take around 3 years with time to get medication certificates etc included. Pre covid the wait times were half this.

It is a draining process but it is well worth doing.

I personally would reserve energy for the EHCP battle rather than complaining here there and everywhere. Complaints will get you a meaningless obligatory apology if you’re lucky, once you’ve started a tribunal process it’s a legal process and the outcomes of tribunals can have an actual impact on your child’s future rather than some forced apologetic meaningless words or text.

*mediation

Oh I’d also say, you kill with kindness.

The EHCP coordinators can have some influence over who they present to panel as recommendations for placements for example. If you’re bothersome and there are two children and one place, both children could fit the school, they probably aren’t going to prioritise your child if you’re a pain in the neck to them.

They often have caseloads of 100s of children, because they have responsibility for a number of schools in the county. A friend had 350 children on her caseload! So it’s good to make yourself known but not in a bad way!

@Itsokayimgoodletsgo two years! omg! My son will be 15 in two years. He doesn't have two years

@Brewskipa i do plan to be relentless, this is absolutely a hill i am ready to die on

@Equalitea top tip to keep it nice - best to assume best intentions etc.

Still though, can't help but think about the people working in the LAs who are executing policies deliberately delaying support to disabled children to save money. If that's what they're doing.

I find myself wondering if they'd be able to be so heartless face to face. It had never occurred to me before that local authorities would be the kind of place a psychopath would want to work. I really hope that is not what is happening

I think some local authorities are better than others. There's loads of Facebook groups, they will give you an idea of how things are going with your local authority. Even once you have an ehcp it isn't all plain sailing and I'm dreading annual review