Why won’t they assess my poor little boy?

[Candycanesallround]

My 4 year olds EHCP assessment request has just been turned down for the second time. First time was because his preschool hadn’t submitted enough cycles of evidence, second time because they felt more time was needed to see if their ideas helped him make any improvements. He’s been at the preschool 10 months. His ASD/ADHD has been confirmed by various professionals who have all assessed him and written reports confirming this. They have all recommended he needs the support of an EHCP. He has no learning disability and is very bright. But he is hugely impulsive, no danger awareness, very very hyperactive although when he is very interested in something he can hold his attention and focus well - but only when it is something he’s really into, like a puzzle. He has good language skills - not such great back and forth conversation skills. Physically very able which is good but his speed and strength combined with his impulsivity and lack of danger awareness terrify me. I am going to have to go through an appeal tribunal. No idea if I will be successful.
I have zero and I do mean zero support. I have a 7 year old daughter who is lovely but I constantly feel
guilty she plays second fiddle to her brother and his additional needs. I never have enough eyes or hands or time to do it all. I work part time. His dad lives with us but is basically a hologram in that he looks like he’s here but he isn’t really. He goes to work and watches tv the rest of the time; he hasn’t even read any of our sons reports and when I tearfully told him the EHCP assessment request I’ve been fighting for has been turned down again, his response was “I thought that was all sorted?” 🙄 No family. Lots of lovely friends but they all have their own kids and issues etc.
I cannot overstate how through the roof my stress levels are.
why won’t they assess him? Will they ever assess him? What happens if they don’t? Will he literally just be left to struggle in school without help?
I honestly cannot breathe sometimes with the worry.
any knowledge or advice appreciated. Thankyou

You need to decline mediation, get the certificate and appeal to the tribunal.

You don't need a lawyer, it doesn't cost anything (except time) and parents win over 90% of appeals.

It's nothing to do with your son's needs and everything to do with councils trying to save money.

Come over to my EHCP support thread. There are lots of us in the same boat

@Phineyj Thankyou so much for your reply. Sorry new to mumsnet, where would I find the board you mentioned?

EHCP support thread - www.mumsnet.com/talk/special_educational_needs/4834986-ehcp-support-thread

Because they don't want to spend their precious budgets. Just appeal, and get used to doing so

I don’t have any practical advice, but just wanted to send support. Your husband sounds like a tosser. I hope you get the assessment you need soon.

Where do you live in the country OP? ..I’ve worked a few areas and never known an adhd diagnosis before 6 at the very youngest..sounds odd to me 🤔
what has Senis input been? What did the Ed psych report say ? ( which formed part of the ASd diagnosis?)

OP are you sure preschool submitted all the expert reports correctly and didn't miss any out when they submitted the EHCP application? I'm surprised you got a refusal to assess if you had a written diagnosis. It may be that they are just waiting to see if you appeal, as they save themselves money every month your son doesn't have an EHCP in place.

@Kitkat1523 my son got an nhs ASD diagnosis without being assessed by an ed psych, the community paediatrician just made the diagnosis himself after meeting him a few times. So OP might not have an ed psych report.

Ok so - developmental paediatrician and SLT both assessed and wrote reports advising he has ASD/ADHD presentation. Paediatrician said usually they don’t diagnose ADHD before age of 5 but it’s a very clear presentation in my son’s case.
No EP involvement as yet - SEN Advisor, ASD advisory teachers, but not EP.

it must go to panel in my area….with input from the mdt……did you have a private diagnosis?

Have you got the ASd and adhd nurses involved?

No it was an NHS diagnosis, no nursing input???
I feel like just in the 5mins I’ve been on this board I’ve discovered theres a lot I haven’t been told about/offered?!

We were refused assessment for EHCP first time with my DS who was 4 and at nursery. I rang the LEA pretty upset and ended up speaking to one of the county heads who told me an educational psychologist report was what was needed. We got him seen, resubmitted, got the EHCP.

I know legally and in theory they don't 'need' to have Ed psych but it worked fir us.

Has he actually been diagnosed with ASD/ADHD?

If he has, by law they must do an assessment.

Section 36 (8) of the Children and Families Act 2014 states “the LA must secure an EHC needs assessment if after having regard to views expressed within the evidence submitted that the child or young person has, or may have, SEN, and may be necessary for special educational provision to be made”.

Will your son be going to the school that he is in the pre-school for? Presumably in Sept 2024? A decent school should be able to put in place adjustments and support whether or not there is an EHCP in place. My DS has just had his EHCP approved, he is in KS2 now but the school have been putting in place appropriate support since Reception.

When l was going through it, l attended a SEN seminar and was given this template to use

In relation to the template letter to the council to initiate the EHC assessment process, please see below:

I am writing as the parent of the above child/young person to request an assessment of their Education, Health and Social Care needs under section 36 (1) of the Children and Families Act 2014.

(Child/young person’s name) currently attends ..................... school/ college/ is out of school/ college. [delete as applicable]

I understand that the test that the LA must apply in considering this request is contained in section 36 (8) of the Children and Families Act 2014 and has two parts.

Part one of the test is that the child or young person has or may have special educational needs.

If your child has already been identified as having SEN by their school/ college then - (Child/young person’s name)'s has already been identified as having special educational needs by his current school/ college (name of school/ college). They identified them to include:

(list SEN already identified by school/ college) Or If your child has not yet been identified as having SEN by a school or college then – We feel that (Child/young person’s name)'s has or may have special educational because:

(list the reasons why you feel your child has SEN and any evidence you have to support what you are saying i.e. school reports, evidence of exclusions)

Part two of the test is that it may be necessary for special educational provision to be made for the child/young person through the issuing of an EHC plan.

My reasons for believing that my child/young person may need a EHC Plan are:

(list any reasons you have which show why you think that a EHC Plan may be needed i.e. specialist teaching, individual support, therapies)

I understand that you are required by law to reply to this request within six weeks.

Look up your local IASS for support

https://www.ipsea.org.uk/refusal-to-assess-appeals

@Kitkat1523 , no private diagnosis, only the NHS one. I assume they are letting paediatricians diagnose the really obvious cases to try and get the (colossal) waiting list in our area down.

OP, it sounds like you've got enough written reports to support an EHC needs assessment so definitely appeal. You may find your local authority roll over fairly quickly once you do.

Ooh this is interesting. Armed with that section of the Act to quote at them, it might be worth trying mediation as its much quicker than Tribunal and it'd surely be hard for them to wriggle out of that in the presence of the mediator.

They turn them down for any ridiculous reason now. Keep fighting!

Former SEND Manager here. Young children change so much. If he is making progress it is reasonable to give some more time to see if the strategies in place are working for him. Make sure you have a sound SEN plan in place and good transition plan into school. You can apply again in the future if he isn’t making enough progress. Most children with SEN don’t need an EHCP

Yes, I work in this sector and I’ve never heard of an Ed Psych diagnosing ASD.

Respectfully, @AngeDough, things have got much worse in the last couple of years. Many schools won't/can't do much at all without an EHCP due to the massive lack of resources.

Don’t bother actively partaking in mediation. Just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic. If they are going to concede they will do so whether you actively go to mediation or just get the certificate and submit to SENDIST.

Sorry - don’t want to sound thick here but these are my very first steps onto what sounds like a long road ahead.
so I don’t go for mediation and get a certificate from them. Is this certificate all I send to SENDIST? Or anything else? Do I need to be compiling new information? If so what do I need to be asking for?
thankyou to all who have replied so much. Aware this sounds cringe but I feel less alone already, just conversing with people who clearly have been there and have an understanding of how it all works. Thankyou x