EHCP Refusal to issue advice.

[User837463839]

Can anyone help me with next steps please. The LA have done their needs assessment and we’re having a co-production meeting next month. I asked for the report that the EP and Specialist Advisory Teacher jointly produced which the LA case worker has sent me.
The report says “no additional hours required” in every section. Even though the private OT report details lots of intervention and time with a TA 1-2-1 is required.
So I’m sure the LA will refuse to issue an EHCP. Should I try to find a solicitor as soon as they tell me they aren’t going to issue? How hard is it to find someone who will accept a legal aid case? Should I try an advocate now to help me prepare for the co-production meeting? Would I be wasting my time arguing at the co-production meeting? Should I just tell them I strongly disagree and will be appealing?
I have asked for the OT to attend but she’s too busy. She is going to write the physical and sensory targets that she feels are needed though, for me to take to the meeting. She has been funded by the LA to do this for other children in the past.
Any advice very much appreciated.

Hi OP,
I don’t know what a co-production meeting is, but as soon as you have the letter from the LA refusing to issue, appeal at Tribunal. I would lodge the appeal straight away and then gather your supporting evidence ( I wasted time writing my reasons for appealing, before submitting, in hindsight I should have done it afterwards). You can do it yourself, you don’t need solicitors or advocates. I would save the money for private reports if needed. I think if you qualify for Legal Aid, the private reports are free.

The Legal Aid system is in a bit of a mess at the moment, but it’s worth persevering because legal aid can fund up to 2 independent assessments.

If you can’t get a legal aid solicitor to take you on you don’t need to pay for one. You can do it yourself. There’s lots of advice and support out there. IPSEA can sometimes provide a caseworker. If you use an advocate be careful. It is an unregulated business and some are, frankly, rubbish and cause more harm than good.

Negotiating with the LA is pointless, it vary works, so if they are going to refuse to issue don’t get in to a back and forth, just appeal. And don’t bother mediation, just get the certificate and submit to SENDIST. If they are going to concede they will do so regardless.

Thanks both.