EHCP declined - what next?

[lemonade72]

So the ECHP that I myself initiated for my daughter has been declined. She's completing her ASD assesssment (after almost 2 years wait!!!! )
School is a mess, she hates it despite she has been supported in the Sen program from last year
I don't know what else to do, I feel lonely and deflated - sending her to school every morning is a war.
Nothing in her Sen plan really works, she wants to burn the school down and started having massive tantrums, hitting us and all that.
I don't even have the energy to appeal. What can I do??

Appeal, the majority of appeals are upheld. LAs rely on parents not appealing. Have a look at IPSEA and SOSSEN.

Is it a refusal to assess or refusal to issue?

A refusal to assess. I have 2 months to appeal but I need to go through mediation.
What is my basis for appeal, they say the school can support her but it has proven so far that it can't. The school hasn't initiated the EHCP but they support me.

As Imitatingdory says, you must appeal.

Some good info here from Ipsea:

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

The local authority MUST assess a DC if:

the child or young person has or may have special educational needs (“SEN”); and
they may need special educational provision to be made through an EHC plan.

So as you can see, the bar is quite low.

Do you have any reports from professionals outlining your DD's difficulties? How old is she?
I would start keeping a diary yourself of school refusal, any meltdowns triggered by issues at school (and home). This counts as evidence.

I wouldn't bother with mediation. Just get the certificate and lodge your appeal.

Both Ipsea and SOS!SEN offer free helpline advice. They can be hard to get hold of though so you may need to check daily for an appointment.

You are only required to consider mediation, you don’t actually have to actively partake. You can tell the mediation service you have considered it but wish to just get the certificate. Then submit to SENDIST.

Like toomanyminifigs I wouldn’t bother with mediation, LAs use it as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake or just get the certificate.

Thanks ! She is 9 years old, (year 4) she has been in the school SEN program for a year now with very little results, even with worsening in the last 6 months.
The school has a good SEN provision but they themselves seem not to have an idea of what the issue is.
They referred her to the speech therapist that has highlighted some learning and social issues. (We have the report and attached it to the EHCP request)
She is on the CAMHs list to be assessed for ASD and has been diagnosed with sensory integration processing disorder (I have a long report)
The school just referred her to the Educational psychologist who is supposed to observe her to understand what the needs are. I can maybe wait for that and attach that too?
I see people getting a private assessment but it's very expensive and how would that help if she is already been flagged to CAMHs? (On waiting list for 18+ months!)

If it helps, I will find a way to pay for it but it will be a stretch

The prospect of Secondary school also scares me, I busted the local ones and they are massive, crowded and chaotic- if she already struggles on primary school, I'm so worried of how she will cope in state secondary.

I would never have expected to have to fight so hard for some support when they told us about ASD!!
Thank you all xx

Don’t wait, appeal now, you have more than enough evidence already to get over the initial EHCNA threshold.

Independent assessment e.g. EP, OT, SALT, MH assessments are usually more detailed, specific and quantified than LA/NHS ones and will be geared towards an EHCNA appeal.

If you can’t afford independent reports contact Parents in Need. They are a charity that can sometimes help fund assessments. Also check to see if you will get Legal Aid.

Don't wait to lodge your appeal - do it now. Don't wait until she's seen by the EP - that could be months away. You can add in reports to the appeal at a later date.
As Imitatingdory says, your DD already meets the threshold for a needs assessment.

It's good that you're trying to get this in place now while your DD is in Yr4. That gives you enough time before you have to apply for a secondary place - however many delaying tactics the local authority may try.

I was terrified of my DS going to secondary (he has ASD). He started in Sept. It's going far better than I ever could have hoped for. He has an EHCP though and has full-time 1 to 2 support - so with the right adjustments in place, it can be done. Interestingly, he says he prefers secondary to primary. He's at a huge school and it's easier for him to be anonymous and he finds the lessons more interesting.

We are in the same boat too - No to assessment. And this is despite ASD & ADHD diagnosis, school calling out he's been needing 121 support in secondary without which he can't function!
Reason cited "Insufficient evidence that needs cannot be met at SEN support. Panel members noted there was little information from school re Assess Plan Do Review"
I am furious they don't even think it merits EHC assessment. Anyway I am asking the council Sen team to share DS case file so I can even see what they submitted - not sure why this whole process is made so black boxish!
@Imitatingdory @Toomanyminifigs you have helped on a separate thread similar topic, thanks for continued help to me&all on this! One question, what is the 'certificate' that you refer to?
@lemonade72 - hang in there and find the will/energy to appeal. I so do wish I did this before secondary.

Thanks!

worriedmom it is the mediation certificate, you need one to submit to SENDIST. Submit a SAR to school and the LA.

Yes, same argument for our refusal to assess: the school s SEN provision is great and can support it. I don't know what the school submitted, I m quite annoyed at them because they are supportive but lazy. I'm sure they haven't made their argument properly and because I support my daughter academically at home, even paying for a private tutor to just make her perform at average level, then nothing is highlighted in her school report.
Should I press for something to be mentioned in her school report?

That argument isn't valid. The test for assessment is whether your child has or might have SEN, and whether they may need support through an EHCP, so it's a low hurdle to get over. In dealing with the second part of that, the LA and tribunal should consider issues such as whether your child's needs are fully understood, whether she is making progress, and in particular whether she might need support over and above what is normally available in mainstream schools.

In relation to the last point, there is helpful caselaw to the effect that they have to consider what is available in mainstream schools nationally in England, NOT what happens to be available in your child's particular school or your local area. So the fact that, allegedly, this particular school has particularly good SEN provision is irrelevant - the question is whether your child would get the same support elsewhere in the absence of an EHCP. Refer them to this decision - www.bailii.org/ew/cases/EWCA/Civ/2020/226.html

Also there is a useful bit in the Code of Practice which applies where the only reason a child is coping is because of things like tuition at home. Paragraph 9.14 says that one of the things they must take into account "evidence that where progress has been made, it has only been as the result of much additional intervention and support over and above that which is usually provided"

Ah this is great help, thanks. I will check out the case and include it in the appeal response.
It is exactly our case

@lemonade72

If you are near to or can get to Stratford (east London), I can recommend a clinical psych. Specialises in SpLD and ASD related conditions. Works as part of a multi disciplinary team with assessments and diagnosis.

I could, it's not far but how costly would it be? Thanks

@lemonade72

Agree you need to appeal.

Information here:
www.ipsea.org.uk/appealing-to-the-send-tribunal

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

SOS SEN has been doing some helpful webinars about appealing recently, and they're still available online.