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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Appealing ehcp- solicitor costs question

36 replies

Zooeyzo · 09/11/2023 21:03

Hi does anybody know average solicitor costs to appeal an ehcp?
Thanks

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thisisasurvivor · 09/11/2023 21:15

Has your request been turned down?

Notthecarwashagain · 09/11/2023 21:17

What are you appealing and have you appealed by yourself first?
I’m not sure of the exact details, as I didn’t end up going through a solicitor in the end, but you should be able to get legal aid in your child’s name. Have a look at IPSEA if you haven’t already.
Edited to add also SOS!SEN

Notthecarwashagain · 09/11/2023 21:23

The legal aid is only for certain cases, which is why I asked what the appeal was for.
I also meant to add Good luck with it!
Was going to edit again to add all this but it will just look chaotic 😬

DyslexicPoster · 09/11/2023 21:27

It's very expensive so about 10-15k plus

Without outing myself I have done multiple appeals on my own, no legal help and even won a non maintained specialist without help. Your far better off spending the money on expert witnesses who have a good track record of tribunal work.

If its to assess you don't need to spend money. It's incredibly easy to win assessment appeals ( if there is genuine needs of course)

BlueBrick · 09/11/2023 21:30

How long is a piece of string? It very much depends on the appeal and firm e.g. is it a refusal to assess, refusal to issue, content, is in an extended appeal… Although a solicitor isn’t essential. You can be successful without.

you should be able to get legal aid in your child’s name.

Not for EHCP appeals. EHCP appeals are in the parents’ name rather than the child’s name, so legal aid (or rather legal help) for EHCP appeals is based on the parents’ finances.

Brendabigbaps · 09/11/2023 21:31

You don’t need a solicitor to appeal.
thete are lots of charities out there who will help you, you just need to find one in your area.
get on Facebook groups for sen groups, parent groups, groups for the specific sen etc.

Dizzydahlias · 09/11/2023 21:36

I had a solicitor involved when appealing and she was worth every penny. We didn’t actually get very far in the process as our LA conceded early on.

Zooeyzo · 09/11/2023 21:36

I'm appealing section f and want a solicitor involved as it's my first ehcp and considering how long wait the appeal trubunals are I need to make sure I get it right. I'm estimating 10k and want to know if I'm roughly right. I don't get legal aid and hopefully won't get to JR stage.

OP posts:
Zooeyzo · 09/11/2023 21:38

@Dizzydahlias did you appeal placement? I've heard they concede quicker on that than section f.

OP posts:
Dizzydahlias · 09/11/2023 21:42

Yes I did. Then section B&F were reworked after DS started at his placement. He’s now at a fantastic school and has a watertight meaningful EHCP.

Theunamedcat · 09/11/2023 21:43

Following because I'm in the same position again I appealed the fist time they conceded he needed a specialist placement they couldn't find one so switched him back to mainstream now I need to do it again

Last time I couldn't get help with legal costs because my son is on HRC of dla and they count that and the UC uplift as my income and wanted me to use that to pay them...I said no I will self rep

Zooeyzo · 09/11/2023 21:43

@Dizzydahlias that's a huge relief for you.

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Zooeyzo · 09/11/2023 21:45

@Theunamedcat that's shocking. Does he get therapies or lots of extra support at mainstream?

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dimples76 · 09/11/2023 21:50

I would definitely prioritise paying for expert evidence over legal representation. I am on my 7th appeal, 3 for DS and 4 helping my sister for her 2 boys. We have only lost one so far (refusal to issue) and we realised going into the hearing that we should have instructed an independent Ed Psych as the LA didn't have a good understanding of my DN. I am sure that the outcome would have been different had my DS been assessed properly.

Zooeyzo · 09/11/2023 21:52

Yes I'm paying for ep salt and ot as none of these were carried out. The ones they carry out also seem to be substandard.

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Zooeyzo · 09/11/2023 21:53

I have no idea what I'm doing and don't have time to waste so need to pay someone else!

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BlueBrick · 09/11/2023 21:56

It could well cost more than £10k, unfortunately, but a solicitor isn’t essential. You can do it yourself even if it is a first appeal. I would also prioritise independent assessments. As well as F you should appeal B.

BettyBakesCakes · 09/11/2023 22:11

A solicitor can only work with the evidence they have in front of the,. I agree it's better to get independent reports and do it yourself over forking out for a solicitor.

Zooeyzo · 09/11/2023 22:44

@BlueBrick good point about section b. Just checked it and also all vague

OP posts:
Everythinghasgonetoshit · 09/11/2023 23:09

Placemarking. At draft stage now but having a nightmare with LA. We are on week 37, so still in mainstream. Has mod/sev LD most likely and autism.

I feel like they are waiting for me to take legal action almost.

thisisasurvivor · 10/11/2023 05:24

dimples76 · 09/11/2023 21:50

I would definitely prioritise paying for expert evidence over legal representation. I am on my 7th appeal, 3 for DS and 4 helping my sister for her 2 boys. We have only lost one so far (refusal to issue) and we realised going into the hearing that we should have instructed an independent Ed Psych as the LA didn't have a good understanding of my DN. I am sure that the outcome would have been different had my DS been assessed properly.

How was he not assessed properly?

Oblomov23 · 10/11/2023 05:31

How long is a piece of string? There is loads of good advice online from people who have been through it. Very knowledgeable mums on mn sn section, and other websites. I'd look there first, then use your money to get good reports to back up your case, as pp suggested.

Zooeyzo · 10/11/2023 09:48

@Oblomov23 yes I'm having to pay for 3 independent reports from ep salt and ot. None of which were done by the county.

OP posts:
dimples76 · 10/11/2023 09:55

Thisisasurvivor my DN was assessed by an Ed Psych but it was v light touch- he observed him in a PE lesson. Later my DN was diagnosed with ASD, Dyslexia and DCD - but hardly any of the traits which lead to the diagnoses were picked up on by LA's Ed Psych

dimples76 · 10/11/2023 10:08

Zooeyzo if you can afford the solicitor on top of the witnesses then I would go for it. It's hard enough raising a child with SEND and fighting the system - if you can relieve some of the pressure then I would.

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