How the hell do you get an EHCP

[Crystallizedring]

How the hell do you get one ( My DS has been rejected. He's 4, non verbal, can't use the toilet, according to nursery assessment he has the social and emotional development of a child half his age. He struggles with changes or different routines. He recently had a settle at school and would not enter the area where the other children were meaning one of the TAs had to stay with him but apparently some shit expert pannel have decided he will be fine.
I'm clearing going to have to delay his start date as no way will he cope with no support.
Nursery applied for the EHCP but we fully backed them. Everyone, Senco, doctor, speech and language therapist were convinced he'd be accepted first time.
I can't work out how to appeal or if I have to pay or how much.
I'm exhausted and nursery put so much in to applying for it. I don't know what to do and keep crying.
How much worse does he need to be to get help? Anyone appealed successfully (the %l looked low on the website)?

Go to tribunal, around 96% of refusing to accsess gets overturned.
And some even get conceded before they reach that stage.

By sacrificing a baby lamb to the council while singing Kumba my lord.

It's really difficult you need to appeal, and just fight them.

That's appalling ,my now 14 year old son had ca statement ( aa it was then ) and a special school place for when he started reception have you contacted the SEN independent advisory service for advice your LEA should have one
I wouldnt delay him starting school let them no of his difficulties and they can help getting support in place.

Some councils automatically turn down requests as a delaying tactic, it's nothing personal, and doesn't reflect on your DS's needs.

You just need to appeal, it won't cost you anything if you don't want it to. You will almost definitely win.

Appeal is the next step. Hope this helps https://www.ipsea.org.uk/appeals-against-a-refusal-to-issue-an-ehc-plan

I appealed - there should be a letter explaining why they refused and explaining the next steps.

I actually went to mediation - DD’s assessment was refused on the grounds that the college hadn’t given enough information in the original application. Tribunals were taking about 18 months, mediation could be done in 4 weeks - mediation was the quickest way to get the extra information back in front of the LA. The agreement to assess came through before the mediation date.

The letter you received will explain next steps if you aren’t happy.
Usually it’s worth going straight to appeal but in your DSs case I would try mediation as it’s so clear he needs one. Arrange for either nursery or one of the professionals working with him to attend mediation with you.
Is the speech therapist support

School will still give him support, it's much easier to get funded after they can say how much support he needs than pre-empting as development can change hugely between preschool and reception age.
A lot of things which can be on the slow side of normal in preschool (very little communication, late potty training) are signs of significant additional needs by halfway through reception.
Once he's been in school for a few months then they can write up the support he's actually needing and it's much more likely to be approved.

Appeal. We're on the 2nd attempt and mediator is lovely and very supportive. Last time I missed the tribunal deadline date as we were in the eye of GCSE's. This time we've been refused an assessment as there's no external expert involved.... have got her psychiatrist, psychotherapist and physiotherapist attending mediation 🙄 Who the fuck have I been taking her to see weekly?!?

Appeal it… I’ve heard some LAs just automatically reject a really high proportion of requests so most people only secure one by appealing :/

What reason have they given for it being refused?

Just appeal. I managed to secure ehcps for all 3 of my children. It’s very possible.

councils are really stretched at the moment, they’ve probably refused it just to delay.

Appeal

We’re just in the process of getting an EHCNA so we can then get and EHCP

We’re fortunate enough to be able to fund it, and to be honest, it’s taking the stress away which means we can focus on DD.

In our 15 min free appointment the SEN specialist (who will write the request for us) explained that most requests are denied, as a PP said above, as a delay tactic.

Most re requests don’t make it to tribunal and are simply overturned and then the EHCP written and granted.

The organisation were using (Autism Oxford) also deal with appeals - there’s a price list on their website to give you an idea of costs.

Good luck @Crystallizedring

As others have said, appeal it. My child is similar to yours and they refused to assess. Apparently her needs weren’t severe enough. An EHCP is now in place. It really is awful how some Councils seem to refuse everyone, despite them more than meeting the requirements for assessment. A big unmumsnetty hug for you.

I am so sorry OP, how incredibly frustrating and demoralising. I am not surprised you are exhausted and crying all the time.

Firstly, there are dedicated SEN threads on Mumsnet which may be a good source of support and knowledge for your journey going forward.

I found this website very helpful for EHCP advice: https://www.specialneedsjungle.com/get-prepared/ especially on understanding the legal basis for requesting an EHCP assessment.

Your Local Authority should have a website detailing their local offer for SEND which has the details of the local organisation which offers advice to parents on applying for EHCPs and DLA - make use of their support and advice.

Definitely appeal as others have said, almost all appeals are successful in some way and consider ensuring you have sight of and can amend anything drafted by the nursery to make sure it accurately and adequately sets out your child's needs and meets the criteria on the form. I had to rewrite the application for my son as the otherwise very helpful SENCO had set out my son's challenges but had failed to fully explain the impact on his learning, which is what the form asked for and which is the basis of the award.

Do not take it personally. There is a complete crisis in SEND funding and the whole (broken) system is therefore currently geared towards avoiding awards. As an individual parent, the only thing to do is to draw on all the resources you can to keep making the best case for your child and aim to wear them down before they wear you down.

Good luck and stay strong xx

Always appeal. Over 90% get to assessment through appeal. They refuse almost all applications using local policy not the actual legal criteria, which is clear your child will meet. Get the mediation certificate (they may make you attend meeting for this to be issued) but some do return to panel after this so it can avoid the lengthy appeal process. Then use the ipsea info pp posted to appeal and agree to paper appeal. Honestly it's annoying but it happens to most. Good luck.

Thank you for the replies. I was just so upset considering everyone involved with him said he needs one., don't worry he'll get one.
I saw the application nursery had written for his EHCP, all the evidence they put in and felt sure it would be accepted.
The letter definitely said something about mediation so I will have to look at that again. I just couldn't believe it and it's come through today, on his birthday. Great present.

Are you Surrey by any chance? I started the process with my son in reception. He has significant speech delay. All the experts involved in his care were he meets the legal threshold to be assessed. Rejected, appealed, rejected and we go to tribunal tomorrow.

It's a truly shit system. If my council just spent the money on resources instead of all of these legal battles we might have acceptable care for our children.

Makes me so angry

The vast majority of appeals are upheld. Has the LA refused to assess or is it a refusal to issue? You don’t have to actually partake in mediation, you only have to consider it. You can get the certificate and submit an appeal to SENDIST without actively participating in mediation. LAs often use mediation as a delaying tactic.

IPSEA and SOSSEN are helpful website to start learning about the process.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

Speak to the primary school.

If you go straight to appeal you still need a mediation certificate so don't forget to apply for that, the LAs letter should have the details for that on it.

I have no idea. My appeal for 15yo DD was turned down.
It looks like they'll now have to spend silly money on a local authority tutor instead as she hasn't been at school this academic year.

Op your next step needs to be mediation. My DD was turned down twice for an EHCP BUT THE 2nd time i took it to mediation and got the decision overturned.

They turn down nearly all EHCPs in the hope you will go away, it is a money saving exercise.

We were turned down first of all, and we went to mediation as we were told this was the quickest option and the council representative agreed within minutes of seeing our reams of paperwork that our DD should not have been turned down., they even apologised that we had to go to mediation.

We were accepted for 15hours per week first of all but within weeks our SEND Coordinator appealed and we were given enough hours for a full time 1:1

Don't give up, this is just the beginning of fighting for everything, and the paperwork, explaining over and over again.

In the letter it will have the instructions on your right to appeal. If you haven’t received that letter phone and ask them to send it.

Honestly buckle up for the ride though. After the first step of getting them to assess, you then probably have another battle getting them to issue . Many EHCP’s aren’t worth the paper they’re written on so you’ll need to make sure you’re clued up on that too.

My advice to all parents at the beginning of this journey is to read the SEND code of practice and be aware the LA’s lie through their teeth . Never believe any of them are on your side because 90% of the time they aren’t. Have a look at IPSEA, it’s a brilliant resource when going through the EHCP process.

My son is 25, severely autistic, SLD and non verbal. We got a statement no problem at 3 years old ready for school. No issues for a few years but then from about 11 until he was 19 it was one battle after another. We won a tribunal at 19 but it left us emotionally and financially exhausted. Honestly the day he left education for good at 23 was such a good day! Obviously now there’s a whole new set of problems 🙄

THIS ^^

I'm sorry, it's the way it is, but it is and has been quite standard for decades now.
Indigococo84 advises "buckle up for the ride." I'd go one further and say 'get your armour on and sharpen your sword.'

When their young and you've expected them to be treated fairly, and its things like it's their birthday, or coming up to Christmas etc, it does feel very emotional, overwhelming, exhausting, and impossible to battle.
But, IME if you have a child whose development issues aren't going to be simple, then it's a long haul battle through education and other services, and you're going to have to prepare for that.

Listen to IPSEA, they know their stuff. Read the SEND code of practice inside out, read the amendments as they happen, stay knowledgable. Learn it all. Knowledge is power.

Most of what they do is just standard delaying tactics, because when they do that to lots of children the sum saved (at the cost of the childrens development) is considerable. Sometimes it becomes more than delaying tactics, but right really is might when it comes to the law, even if you have to keep taking it higher.
Once they realize they are more likely to die on your chosen hill than you are, things change. They depend on capitulation.

I didn't start doing all that, until things had gone very wrong. But once I did, I learnt enough to be able to take the LA first to tribunal, then to court, then threaten judicial review to stop them continuing something nasty with others.
That's the same me that couldn't believe it or stop crying when it all first started.

I went through each process unrepresented, but had learnt and understood the law, and have found judges to be very good when you approach from that angle, and they don't like LA's dirty tricks either. The law is your friend once you learnt how to use it.
TBH I'm also "emotionally and financially exhausted" but I'll take it.