EHCP Appeal. Thinking of giving up.

[StopTheWorldIWantToJump]

I have lodged an appeal against a refusal to issue an EHCP. The hearing is in January next year.

The school SENCO approached me at the school gate this morning about an unrelated matter but then mentioned he’s got the tribunal date in his diary as the LA have contacted him and asked him to keep it free.

Does this mean the LA are planning to defend and go all the way to tribunal? I was hoping they would concede, but if they are already booking in witnesses, it seems not.

Feeling very defeated. Our LA are awful and so underhand, I just don’t know if I want to keep going.

Don’t give up! The vast majority of appeals are upheld.

The LA may still concede. Even when they have organised witnesses they sometimes concede right up to the last minute. LAs rely on parents giving up.

@Relaxinghammock Is it usual for them to book people in so early regardless of whether they will concede or not? Or is it a sign that it’s not looking in my favour?

I know I should keep going but the stress of it is really getting to me. I can’t help but take their tactics personally and I am not sure I have the evidence to win.

DC school just keep telling me they are fine and actively oppose the EHCP but they need so much support at home to function and they miss out on social things because they’re too anxious to go. The EP who did their EHCNA assessment said they mask but at the expense of their mental health.

I just don’t know what to do. It is soul destroying. If we lose, I’m going to feel like I failed my DC.

It can be normal for LAs to look at witnesses earlyish, even if they don’t share that with parents or SENDIST. Don’t read too much in to it. It doesn’t necessarily mean they definitely won’t concede.

The flip side is it can also be normal for LA to leave organising witnesses until the very last minute even when they aren’t going to concede.

You aren’t failing DC. Have you looked at whether you need independent assessments?

@Relaxinghammock That is reassuring thank you. I’m not confident in appealing as I don’t know myself if DC needs an EHCP. I do know that DC needs support and that some of the things DC needs like a sensory diet are not going to happen without one.

I’ve just come home feeling deflated after the teacher mentioned the date.

Hi, I just wanted to say don’t give up. I’m currently in the process of appealing the contents of the EHCP and I feel so overwhelmed, but I know it’s better to go to Tribunal and give it a try. It’s very stressful, but for me detaching myself from the situation helps ( I imagine that it’s a professional duty..if that makes sense). Our LA conceded before the hearing when I appealed against refusal to issue. As other posters said perhaps it’s worth looking into private reports? Good luck

Just keep going ..... it's booked end of. You don't know if things will change for your child in the next 6 months when he moves up a year.

LA are rubbish - keep on fighting .... it's their tactic to be slow and cost parents stress and worry and cash. Go to the bitter end you can do it and highlight how crap they are in front of a judge 👍

I suppose I have nothing to lose. Detaching is a good strategy to try.
@EHCP22 how far in to your case did the LA concede? Before or after submitting a response?

It was after submitting a response, roughly 4 months after the appeal was registered.