EHCP Appeal

[Longlistmama]

seeking help!

currently appealing school preference and section F&B of my sons EHCP following a phased transfer…. It’s been a very long delayed process so far. And we have a court date of 3rd November…

im stuck on how to fight this part as never got this far before…
I have two children that have ehcps and this is the first time I have appealed contents and school preference where it’s got to this stage. And I’m feeling over whelmed. I’m suppose to amend the working document and I have done a supported letter along with my evidence…. LA have outsourced to a solicitor but I can’t afford even an advocate let alone a solicitor… 😭 I’m feeling extremely out of my depth and intimidated xx

You should have access to SENDIASS support which is independent advice funded by the LA. Check your letters, there may be details on there. Or google your Local Offer and look for them there. You might also go to the IPSEA website which has lots of information on all of this. Special needs Jungle are another organisation that might be able to help. Lastly don’t feel intimidated. 90% of tribunals rule in the parents favour, honestly it’s not a BS statistic, I work in this area. The tribunal judges will be kind and knowledgeable. They don’t expect you to be a solicitor or have specialist knowledge. You can take a friend or family member for support. Just hold your nerve, the LA might even back down before the tribunal. Good luck x

I love ipsea but not really helping in depth enough at this stage. And have contacted sendiass and getting very little response… I believe this is because of the volume of people they are supporting. …

yes I imagine they are. So is it the amended document you are overwhelmed with in this moment? Do they want you to alter it, or are you supposed to check their amendments?

The working document goes back and forth between you and the LA. You make proposed amendments/deletions as does the LA. The content of the EHCP is based on the evidence, so in order to inform your proposed amendments/deletions, you need to start by looking at your evidence.

I used to be a local authority presenting office in Housing Benefit appeals

It's not like court and you don't get anywhere by not being nice to the appealant

Go to the hearing and take someone with you

You haven't mentioned section i (placement) are you not appealing this too?

Check to see if you qualify for legal aid.

Sossen are also very good. They have an ehcp check service (I can't remember the cost bit it isn't £100's) these are great for grounds of appeal and pointing out where the ehcp is lacking.

All special educational needs must be detailed in section B. Go through all reports and documents snd make sure this is the case and make sure that they aren't detailed as 'strengths' when they are a need.

Are there any indications in your reports that other needs require assessing? Eg something saying that your son has sensory needs but no sensory assessment has taken place?

Are the assessments that have been completed and used standardised so that progress can be measured? Make sure the professionals haven't just cited their opinion without evidence to back it up. (If you want to challenge).

Every need in section B must have provision detailed to meet it in Section F. The provision must be specified, quantified and detailed so that it is clear what must be provided.

Do you have a placement in mind? If so, do they think they can meet his needs? Find something thatthey offer that your son requires that the school the LA have named cannot provide.

Sossen also have some great little booklets that are about £6. The appeal one is fantastic and more than worth it.

If you start looking at the working document make sure you follow the key as per the court docs. Make sure you meet every deadline bit be prepared for the LA not to.

When you get the bundle double check everything is there.

You may need inde reports or additional evidence.

Ps remember that the majority of parents win appeals, you can do this, best of luck!

I’m going through the same thing. Tempted to give up like you said sendiass and ipsea aren’t helpful enough at this point.

Sendias, autism outreach if child is Autistic or even contact social services. They helped when doing my sons.

Just a word of warning, some sendiass are funded by the LA and don't always act as independently as would be liked. Please notice I said 'some'.

SOSSEN’s lowest priced (£145 or £175 depending on deadlines) draft check service won’t really help with the WD. Their WD service is several hundred £.

Social care and autism outreach are highly unlikely to help with the WD.

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

IPSEA sometimes has availability for casework. Demand is high though.