Non verbal ASD 3yr old refused EHCP

[lbsherts]

I am totally frustrated and exhausted. Today I learnt that our application for EHCP for my son has been refused. This is despite him having an official autism diagnosis. A send SAS report stating his severe communication and understanding problems and the issues with safety resulting. In may respects he is like a 1 yr old.
Trying to speak to someone is a nightmare and when I managed to speak to someone on the council SEN support line they told me that we have to give some of the suggestions in the Send SAS report time to see if they help.
Their lack of understanding is unbelievable. I had to explain that he has a disability. The strategies in the report are things like helping him to make eye contact and to sit still with support for more than 30 seconds. They are so full of BS, it was offensive and shows they have no understanding of disabilities.
They told me that a EHCP was not necessary but without an EHCP getting a suitable school, therapies like speech therapy, Picture recognition therapy, even respite care would not be available.
The stress of now having to go through mediation and appeal is breaking me. I am exhausted and can't stop crying.
Does anyone have any practical advice. The local authority is Hertfordshire. Looking online they don't have a very good reputation. It appears it is cheaper for them to pay easily fines for failing special needs children as it is cheaper than giving them the support they need.

Is this a refusal to assess or a refusal to issue an EHCP?

As you're finding out, some of the council-run SEN support teams are better than others. At the end of the day, they are employed by the council so I'm not sure how 'impartial' they can ever be.

Ipsea and SOS!SEN are better. They are independent charities who are always on the side of the child. They run free helplines but they can be very hard to get through to due to overwhelming demand.

This is a good place to start though for information about appeals:

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

I wouldn't bother with mediation - just get the certificate and get the appeal in.

I know it feels overwhelming but you can do this. You have right on your side. Sadly, many local authorities say no to almost all applications in the knowledge that many parents/carers won't appeal. It's a numbers game for them.
Parents/carers win over 90% of tribunals.

Appeal. The majority of appeals are upheld. I wouldn’t bother with mediation either. If the LA are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate and appeal. LAs use mediation as a delaying tactic.

I had to explain that he has a disability.

I do think you should appeal, but explaining DS has a disability and diagnosis alone isn’t enough.

even respite care would not be available.

This isn’t true, an EHCP is not necessary.

I second IPSEA and SOSSEN if you haven’t already looked at them.

It is a refusal to asses.

They said that because the education advisor did a report and advised the Nursery on strategies my son does not need an EHCP. The special advisor in her report stated the he "requires a high level of adult support to enable him to access the curriculum, to meet his learning and development needs and to keep him safe"

That they "lost" the school report which his nursery have a receipt for just shows the lack of care and attention they have.

I am making myself a persitant pain in the neck and am planning to put in an official complaint over the missing school report. I have already made an appointment with mediation and have emailed the officer involved as well as spoken to sendass.

The reality is that appeals are taking over a year and that means that unless it is sorted, from September he will be out of education. If in a years time he wins the appeal it will still take months to do the EHCP meaning my son would be out of education at a pivotal developmental stage. It would not be safe to put him into an environment without the appropriate care as he does not speak or understand.

My local council would rather pay the small fines for not providing adequate provision as it is still less than providing EHCP support.

Be careful with SENDIASS too, some are helpful but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better. Appeal the refusal. I really wouldn’t bother with mediation, just get the certificate. Refusal to assess appeals are mostly paper based and are taking a 3-4 months.

from September he will be out of education.

He won’t be. DS is entitled to attend school. The school must make their best endeavours to meet a pupil’s SEN, EHCP or not. They can apply for high needs top up funding if they require more funding in order to do so. Unfortunately many non-verbal, developmentally delayed DC start school without an EHCP in place. Attending school will allow you to gather more evidence. While it’s possible to get an EHCP whilst EHE it is often harder because it is easier for professionals to sweep DC’s needs under the carpet. You have applied for a school place, haven’t you?

And once DS is CSA if he can’t attend the LA have a statutory duty to provide a suitable full time education under s.19 of the Education Act 1996.

Just so you know "requires a high level of adult support" is vague and woolly. If that kind of language is used in an EHCP it means it’s unenforceable.

Hi OP,
it’s very frustrating, as others have said LA would most likely assess if you appeal. Lodge the appeal as soon as you can. Get the mediation certificate, don’t bother with mediation. I spent ages writing my reasons for appealing prior to lodging the appeal, which slowed things down. Lodge the appeal and then gather all your paperwork and evidence. Good luck

I spoke to the person who sent the refusal to asses. She was really nice. I explained everything. The report hadn't been uploaded to their system so the panel hadn't seen it. The nursery had been told the report had been received but not uploaded to the system. The lady is going to look into what happened and if all the reports are there she will resubmit to panel.
She is also going to arrange a meeting to see what else can be put in place to help and support my son so he doesn't have to wait for the EHCP to start getting help.
I feel so relieved and I think I might be able to get some sleep tonight instead of stressing and worrying all night.

Still appeal. Maybe an oversight but you have to put it in. I wouldn’t take anyone’s word for it. An appeal is clear cut and requires a legal response.

I agree with Lesley, still submit an appeal. To not do so may lose time and I have known LAs to delay until you are out of time to appeal and then still refuse.

Does DS not already receive early years inclusion funding?

What a shambles OP, well done for not giving up and keeping fighting for ds, I think sometimes it is much better if you can actually speak to someone (not always easy). Why would anyone advise encouraging an autistic child to make eye contact though?? What a bizarre and offensive thing to suggest. We had a brilliant lady with loads of experience from SEND come and see ds at school, sounds like we got lucky.

Be sure to apply for schools for him even if it's not the 'right' school. Being in school means the LEA can't pretend he doesn't exist and forget about him. School will be able to put a lot in place and if they can't manage then they will also be pushing for a more suitable place to be found for him.

When the time comes for him to start school don't pick him up from school early unless he has been officially suspended - schools have a tendency to phone and ask you to pick them up when they are struggling and it isn't legal.
www.ipsea.org.uk/pages/category/exclusion-from-school

You're doing brilliantly OP, keep making a fuss, your child deserves proper support and education. Don't let them break you or bully you out.