Page 3 | parental ehcp declined, advice?

BabyMarsh · 2026-11-06T12:12:40+00:00

hi just had the decision of the ehcp outcome and it was declined to issue, my son has ebsa, autism, and adhd also selective mute, they said his needs can be met within the school even though they are not being met and he is struggling to attend and only going in at 11am most days because he is unable to attend. is it worth appealing i don’t know, 18 months appeal dates (so i’ve read) doesn’t seem worth appealing?

Toomanyminifigs · 08/11/2026 16:33

You've had some great advice already on here but I just wanted to say that my DS has an EHCP and was in an ASD unit attached to a mainstream school. Most of his GCSE grades were 7 to 9s so it's absolutely not true that academically able DCs don't need or qualify for EHCPs. I've known DC at super selective grammars schools with them. It's another example of the way some LAs try to unlawfully gatekeep so don't listen to them - that is not a lawful test.

Also, some LAs/schools play the 'countdown' clock: the longer they stall, the more chance the child/young person will age out of the system. This is especially the case now with the SEN White Paper (which although isn't law, it is encouraging some LAs to believe EHCPs are going to be phased out).

Have you looked into EOTAS? This isn't the same as home educating. The responsibility and costs will still be down to your LA if the DC has an EHCP. I would also start looking into settings that you think might be able to meet need - so you know what you're arguing for at tribunal if it comes to it.

With an EHCP, your DS could take his GCSEs at a later stage in his life (an EHCP can go up to 25) so it is worth continuing the fight.

I would also try and keep him on the school roll if you possibly can, even if he's not able to attend. It's completely understandable why you're looking at pulling him out but put bluntly, as long as he's on roll, then he's the school/LA's responsibility.

UnbeatenMum · 08/11/2026 16:55

BabyMarsh · 07/11/2026 17:50

I want him to have an EHCP because mainstream school simply isn’t working for him, and it hasn’t for years. He has autism, ADHD, selective mutism and severe EBSA. His anxiety around school is so bad that he struggles to sleep at night, locks himself in the toilet in the mornings because he’s frightened to go in, regularly can’t get into school until 11am or later, and has even hidden around school to avoid lessons. He’s told me he wishes he hadn’t been born because he hates school so much. This is the reality of what he’s experiencing.
What I want is for him is to have the opportunity to attend a smaller, more nurturing ASD unit where his needs are understood and he can feel safe enough to learn. An ASD unit isn’t just for children who are disruptive. He isn’t disruptive; he’s anxious, overwhelmed and struggling to cope with a mainstream environment. He needs understanding, not punishment for being late or struggling to attend lessons which teachers seem to think is appropriate, punishments make it worse and make him less likely to attend. They won’t listen to me when i’ve told them not to give him detentions if he’s unable to get in on time. He’s academically capable, but that doesn’t mean he’s coping. I want him to have an education he can actually access, somewhere he feels safe, understood and supported. I don’t think that’s too much to ask for. it’s honestly the ehcp or i take him out of school and home educate because I am not going to see him suffer anymore than he already is.

Show quote history

It sounds like he's attending too much if it's affecting him to this extent. This isn't the right environment for him, it's ok to stop, especially if they're not making the right adjustments. You don't have to deregister him, just say he's not well enough to attend due to anxiety. Then look to get the school to fund alternative provision.

I would definitely appeal - getting the right support for year 11 and college is still of value, even if it's not going to help you right now.

hibernatinghedgehog · 08/11/2026 17:37

If DS is unable to attend school, it is the LA rather than the school who is ultimately responsible for AP.

Original poster

BabyMarsh · 09/11/2026 13:27

I couldn’t get him to school today as he had been up all night unable to sleep due to anxiety around school and this morning I just couldn’t get him to go. I’m swaying with skipping mediation, I would do it if I had the support of the school and the school were saying they couldn’t meet his needs without it but without them I think I’m fighting a losing battle with mediation and feel I will just be talked over, am I making the right decision to skip it? Also one niggling thing in the EP asked what school I want when I said I want him to remain at his school but go to the sen unit when he finished the report and he showed me it and let me read through before he sent it he said he deliberately worded things so the school could meet his needs and deliberately mentioned a higher ratio of children than he would have so that the school would be able to meet the needs, but now I’m thinking did that go against us?! Obviously it’s now irrelevant as this was said verbally but I’m wondering if that actually went against us

OP posts:

Original poster

BabyMarsh · 09/11/2026 13:37

Toomanyminifigs · 08/11/2026 16:33

You've had some great advice already on here but I just wanted to say that my DS has an EHCP and was in an ASD unit attached to a mainstream school. Most of his GCSE grades were 7 to 9s so it's absolutely not true that academically able DCs don't need or qualify for EHCPs. I've known DC at super selective grammars schools with them. It's another example of the way some LAs try to unlawfully gatekeep so don't listen to them - that is not a lawful test.

Also, some LAs/schools play the 'countdown' clock: the longer they stall, the more chance the child/young person will age out of the system. This is especially the case now with the SEN White Paper (which although isn't law, it is encouraging some LAs to believe EHCPs are going to be phased out).

Have you looked into EOTAS? This isn't the same as home educating. The responsibility and costs will still be down to your LA if the DC has an EHCP. I would also start looking into settings that you think might be able to meet need - so you know what you're arguing for at tribunal if it comes to it.

With an EHCP, your DS could take his GCSEs at a later stage in his life (an EHCP can go up to 25) so it is worth continuing the fight.

I would also try and keep him on the school roll if you possibly can, even if he's not able to attend. It's completely understandable why you're looking at pulling him out but put bluntly, as long as he's on roll, then he's the school/LA's responsibility.

Thank you, this is all really helpful

OP posts:

hibernatinghedgehog · 10/11/2026 14:04

Reports should be written based on the child, not written to fit a specific placement.

Original poster

BabyMarsh · 12/11/2026 16:58

Thanks I contacted the EP but he said he would not be able to make any comments on the situation which is unfortunate!

OP posts: