No EHCP because needs are being met. When they are not?

[MisguidedandConfuddled]

My DS is in year 4 and is diagnosed as ASD/ADHD. He has involvement from CAMHS, counselling and OT. He has some small adjustments in school (a cushion for fidgeting mainly) but no actual beneficial support. He is great at masking and is academic.

He can’t access clubs outside of school because of his anxiety and lack of social skills.

I applied for an EHCP. He was assessed and then it was declined because his needs are being met.

Could I appeal on the grounds that in fact his needs are clearly not being met by the fact he needs ongoing outside intervention? I don’t believe the school fully understand his needs. They tell me he’s fine and they have no worries. How can a little boy require ongoing support from services if his needs are being met?

My DS is desperate to join in with the school football club like his friends but he can’t. It’s so unfair <sad>.

Do appeal, the majority of appeals are successful. It does sound like DS would benefit from an EHCP and additional provision/therapies. Think about whether you need independent reports. If you aren’t eligible for legal aid but can’t afford independent assessments contact Parents in Need as they can sometimes help.

In general, outside agency involvement doesn’t automatically mean needs aren’t being met though, needs could be met because of their involvement. It depends on individual circumstances e.g. how much and what provision is being provided, what outside agency, what the reports detail, specify, quantify. And needs being met doesn’t automatically mean an EHCP isn’t required either, needs might be being met because the school is going above and beyond.

An EHCP is unlikely to cover support at after school clubs. Have you looked at ability counts clubs? You could also look at PA support via social care.

@ThomasWasTortured I have considered appealing but I’m honestly scared of going to a tribunal. I’ll muddle things up and I know the other side will have lawyers too.

I can arrange to have DS some independent assessments done (two at most) so I will look in to what I need.

DS is on waiting lists for counselling, OT and CAMHS so there are no reports as of yet and it is the reason I don’t understand how they can say his needs are met when he is needing to be referred to all of these places.

His school are definitely not going above and beyond. They gave him a cushion for fidgeting and said that’s all he needs.

I will do some research on ability counts.

SALT, OT, psychiatrist and clinical psychologist assessments could have been part of the EHCNA. Assessments that are part of EHCNAs do not require DC to sit on the normal waiting lists. Did you request them as part of the EHCNA?

Decisions around whether to issue an EHCP are based on the evidence. It sounds like the EHCNA was poor which will have resulted in poor evidence. A poor needs assessment results in a gap between the actual needs of the child and their needs on paper, which is a problem when decisions are based on the reports. For example, in your case you don’t have any evidence ongoing OT is required if DS hasn’t yet had an OT assessment.

I didn’t say DS’s school were going above and beyond, I was talking in general terms as per the “in general” at the start of that paragraph. It was in response to you saying how can a boy need ongoing support from outside agencies if his needs are being met, which isn’t necessarily true.

@ThomasWasTortured sorry I’m not sure my post came across right, I know you meant in general, my post was kind of a dig at the schools lack of support (not you).

His EHCNA was very poor. I was told waiting lists apply to all children so the only evidence available was their own EP and a half hearted assessment from OT who did not specify any provision other than a review.

During the EHCNA the LA must seek advice from:
a) the child’s parent or the young person;
b) educational advice (usually from the head teacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.
(SEN Reg 6(1))

H can include things like SALT and OT.

Anyone asked for information and advice as part of the EHCNA must respond within 6 weeks (SEN Reg 8(1)). If the LA cannot comply with the law in-house then they must commission independent assessments.

Here is IPSEA’s page which explains more.

If you appeal it sounds like you will definitely need at least 1 independent assessment, unfortunately.

I think you don’t have anything to loose by appealing ( apart from fees for a private assessment). I felt very deflated when the LA refused to issue. I appealed and the case didn’t go to hearing as the LA agreed to issue an EHCP.They are hoping to defer parents by refusing EHCP, but most of the time they will back down when you appeal. Also, submit the appeal as soon as you can as the waiting times are long. Good luck

Lose not loose😄

@ThomasWasTortured it sounds like DS EHCNA was rubbish then. I’m going to appeal.

@EHCP22 interesting you got an EHCP even before a hearing. Did you submit lots of new evidence with your appeal? How long was it before the hearing that you got one?

Hi,
No new evidence- I submitted a report from a Behavioural Psychologist, which the LA didn’t acknowledge during the initial assessment and a support statement, explaining why an EHCP is necessary. The LA then organised a new assessment and agreed to issue 3 months before the hearing date. I would file the appeal ASAP and then gather extra evidence - private report, your written point of view.

To clarify- I submitted all existing evidence (not just the BP report) and a statement.

@EHCP22 would you mind sharing your reasons for stating why you felt an EHCP was necessary? I’m struggling with this part.

Hi just sent you a PM

Do appeal, the majority of appeals are successful. It does sound like DS would benefit from an EHCP and additional provision/therapies. Think about whether you need independent reports. If you aren’t eligible for legal aid but can’t afford independent assessments contact Parents in Need as they can sometimes help

Do you really need private reports? How is that equal. My dd had refusal to assess. 4 days later she severely self harmed due to school anxiety. Do we still need a private report?

OP is posting about, and thus my reply was about, refusal to issue, not refusal to assess. The bar for refusal to assess is lower.

Independent reports aren’t always essential, but they do help and anyone appealing (whether it’s refusal to assess, refusal to issue or content) should certainly consider whether they are necessary in their case, especially when the EHCNA has been lacking, as is the case for the OP &/or you don’t have much other evidence. They wouldn’t be able to be funded via legal aid if the the judicial system didn’t consider them necessary at times.