Just submitted EHC assessment request

[Lovingmylife]

Eeek!

The school SENCO has already told me we stand little chance of getting the assessment but I really hope she is wrong. We have had a lot of support from the SENCO and she knows her stuff so I suppose she is right but still.

It's emotionally exhausting. What happens at the appeal process? What should I prepare in advance?

Parents are often incorrectly told their DC won't get an EHCP by schools and LAs. The bar for an EHCNA is relatively low. The threshold is a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. Any other test is unlawful.

You don't need to prepare for an appeal in advance. Refusal to assess appeals are usually paper based. Have a look at IPSEA and SOSSEN.

Thank you - I will look into those ☺️

I’ve just submitted ours too. Our LA make you do a massive form so has been quite involved already.

Our SENCO is supportive of our application which I was surprised about!

Good luck with it all, from the what I’ve heard it can be a long road ahead.

Do not be put off if the LA turns down your request. The vast majority of parents win Refusal to Assess appeals.

IPSEA has an appeal pack and other information here if you need it.

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

I've just submitted one too for our DD who has started college.

A big part of me thinks that she may get the needs assessment, but not the EHCP, but that it might help concentrate minds at the college to get the support she needs.

Yes Teen I’m thinking the same.

I’m wondering how they make a decision whether to proceed to assessment or not. I’ve sent in all my evidence, however the latest EP report is 3 years old so I don’t think they will take that into account. I need more recent assessments to prove need but need the EHC assessment to get that . I’m assuming they don’t carry out assessments to determine whether an EHC assessment is, rather review existing reports and info.

I’ve tried to get a private EP assessment but the earliest anyone can do is April.

The other thing I’m worried about is timelines - if they refuse to assess I believe the deadline to appeal is 3 months (including mediation). It’s unlikely my private EP assessment will fit those timelines which is frustrating as that will be the evidence I’m relying on. I may need to rethink but trying to take it one step at a time at the moment.

…whether an EHC assessment is warranted…

I'm slightly cross, in that for the whole of y11 when DD was off school and I was also at times in contact with the new college, no one from school nor college said to request an EHCP to support her.
Normally I'd be on top of things but I've been hanging on by my fingertips and couldn't look further than the immediate problems.

Teen appeal if the LA refuse to issue. The majority of appeals are upheld, and from your posts DD's difficulties warrant an EHCP. For various reasons schools and LAs often don't suggest an EHCP.

Bill the threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. Any other test or hoop the LA want you to jump through is unlawful. The LA won't carry out assessments when deciding whether to assess or not, but you don't need an EP report to meet the threshold as one would be part of a needs assessment.

The deadline for submitting an appeal to SENDIST is 2 months from the date of the refusal letter or 1 month from the date of the mediation certificate, whichever is later. Don't panic if you don't have an independent EP report by the time you need to submit to SENDIST, you can always send it later, or you can use mediation to delay having to submit.

Thank you that’s so helpful.

You'd think it should be easier to get your child support. We are paying for a private assessment and looks like the diagnosis will be ASD and ADHD but that's not on my ehcp application.. still at least I can probably add to it.

Yes it should be. I think I was so naive looking back, I assumed that DS would get the support he needed to be his best. I’m so cross with myself for not pushing harder - ie I think he should have been in school for lockdown 2, but the SENCO fobbed me off by saying ‘all children will be behind’. I know that’s not true - my DD is absolutely fine and her school year have performed as good as previous school years who had no disruption.

In putting together the EHC assessment request I’ve realised just how far behind DS is, despite significant intervention at school and privately. I wish school had communicated better.

Anyway, here we are! Received the papers acknowledging receipt and setting out next steps on Saturday, so the clock is ticking. Fingers crossed they agree to an assessment.