Refused EHCNA next steps

[STEAMum]

Hi All,

Apologies for the lengthy story but I'm going through a lot, and it's pretty complex!

My DD (11) suffers from a chronic neuropathic pain condition which started in 2020. We followed the graduated pathway to L3 with primary school with TAF meetings, My Assessment, MP+ etc. to the point where LA inclusion officer suggested we apply for ECHP. DD was on part-time 2h every afternoon but even that was too much when she was in pain flare. We got a letter from LA stating that absences would have to be authorised by school for every subsequent occasion she was off without a GP note (GP said this was unreasonable to ask) - we were threatened with fines so had to remove her from register in 2021 to home-ed.

Just applied for EHCNA in the hope we can get her into a provision in September for secondary school. Over 100 pages of evidence including EdPsych, Clinical Psych, Paediatrician and independent tutors from Hospital Education - they refused to assess very quickly stating we need to engage with a school and evidence needs with MyPlan+ and that reasonable adjustments can be made in mainstream setting.

She's been highlighted as having numerous traits of ASD but we're waiting for referral appointment (she is extremely reactive to sensory triggers such as noise, busy environments, bright lights, smells, certain textures) and is diagnosed with severe separation anxiety, panic disorder, auditory processing difficulties, and dyslexia on top of her medical needs. She receives DLA and is in a wheelchair for most of the time, on the worst days needing complete care including going to the bathroom.

We were due to have mediation on Friday (the only date we were offered) but the LA have just realised it's a bank holiday and asked to reschedule. It's now a month since we received the refusal to assess letter.

Has anyone been through similar home-ed situation with complex needs where a mainstream setting is quite obviously not going to work for reintegration? I'm tempted just to get a mediation cert. and go straight to tribunal but the current waiting time is about 11 months and although we don't get benefits, we'd have to get finance to instruct a solicitor.

Any opinions/experiences would be appreciated!

Just get the certificate and submit to SENDIST. LAs often use mediation 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. The waits are long, but refusal to assess appeals are mostly paper hearings so don’t have as long a wait as other type of appeals.

You don’t need to pay for legal representation if you don’t want to. How old are your reports? If you need up to date evidence and can’t afford independent reports/aren’t eligible for legal aid contact Parents in Need as they can sometimes help.

Unfortunately you were badly advised when you deregistered. Whilst you can still get an EHCP when EHE many parents find it easier to get support when on a school’s roll even if their DC can’t attend. Crudely you are someone’s problem whereas it is easier to sweep DC’s needs under the carpet when EHE. Absences should have been authorised and evidence for each absences was not required unless the school had genuine doubts about the authenticity of the illness, which doesn’t sound the case. You would not have been fined, that was a scare tactic.

Personally, I recommend you email the Director of Children’s Services informing them of the situation and stating you are not EHE and they must make arrangements to provide a suitable, full time education under s.19 of the the Education Act 1996.

What FloatingBean said.

As floatingbean says.

You should be able to do refusal to assess yourself without legal aid, particularly with so much evidence already. It does make it harder having gone for EHE, but as above request a school, once allocated contact SENCO and state the issues preventing more frequent attendance - the allocated school might then also push the LA more.