EHCP refused - has anybody hit any good tips for an appeal?

[angularmerkel]

Just that really. Applied for an EHCP for ds1 (15) with ASD and just had it refused as the school 'can deal with it under its usual procedures' or words to that effect. The point is they aren't helping him. Nobody is. He is depressed and anxious and sad and angry. I have been waiting for an appointment for a new super-dipper local whizzy emergency mental health support team to speak to him since December.

Any advice as to what will happen on appeal and what information I needed to include that I haven't already to get him some help?

Thank you.

Arguing that the school isn't doing it is hot the same as arguing that they can't. In the first scenario the school is a suitable provision for the local authority's obligations to be met, in the latter it is not.

So you need to clearly identify where your child has needs which the school is not equipped or capable of reasonably meeting. Where such needs have an impact on his educational opportunity you have grounds for appeal with a tribunal may agree with.

If you have reports from specialist which clearly list the needs that he has you can use these professional reports as evidence for clearly stating his needs. The tribunal will accept any professional report which has been written by appropriately qualified professional, whether or not they have been commissioned by local authority.

Thanks @EeAicheCeePee that's really helpful. So without some sort of professional input I'm really in a hiding to nothing then?

He's been discharged from all support as in the surface he's coping as he is an accomplished masker so they think he's doing ok.

Sounds like I need to go back to square one.

Thanks for replying

You are also a professional on your child. If you identify needs which the school is not meeting or is unable to meet then this is also relevant.

Thanks, that's a good point too. Just getting my head around things now.

Have they refused to assess, or done the assessment and refused to issue an EHCP?

If it's refusal to assess, the appeal will be in writing and Ipsea has a useful pack on how to appeal on their website. You need to focus on the statutory criteria, namely whether your child has or may have SEN, and whether he may need support via an EHCP.

Sorry, when I say the appeal will be in writing, I mean that the tribunal will deal with it on the basis of the papers and there won't be a hearing. If it's an appeal against refusal to issue, there will be a hearing unless you agree otherwise.