Ehcp denied

[mumofdragons]

Just need to rant and need advice. EHC co- ordinator has explained that LA have denied DS of EHCP - because his needs can be met without extra funding.

DS is non verbal and has no understanding if you told him no or told him to do something. Puts stuff in his mouth as he has sensory issues, and cannot feed himself. He is on ASD waiting list and is still in nappies. I only had SALT assessment report as evidence as I was waiting for ASD referral.

Any advice on what to do next I am so angry, upset and frustrated with the system!!!

@mumofdragons I hear you; I am also dealing with this and it is extremely frustrating.

Appeal. There is a poster on this board who is a lot more knowledgeable than me who will probably be along soon.

Do you have the option of funding private reports to help your case?

@SaveTheFate it really is, i am really sorry you are going through this also.

I just feel sorry for the children because they need it. I have spoken to parents of SEN children and they have explained for the rest of our life's we will need to be their voice and this really hit me today!!

I am but I don't know if it is worth it as we have our OT assessment on the 21st August, I plan to do this, get the report and appeal with all guns blazing.

To clarify, has an EHC Needs Assessment taken place or have they just refused to assess? I would definitely appeal. IPSEA are a great source of info on the technicalities of appealing.

@Catwoman1985 sorry for not clarifying, they refused an assessment :( thank you, I will look into this

@mumofdragons There’s no need for independent reports at this stage; a refusal to assess appeal is very easy to do. Sorry, I took from your OP that it was a refusal to issue.

Appeal. The vast majority of appeals are upheld. Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate.

Consider whether you need independent assessments, but if you have an up to date SALT assessment and will have an OT report you may not need them and unless money is no object may be better saving money in case you need to appeal a refusal to issue or content/placement. Also, look at submitting SARs to the school, LA and GP. Check whether you are eligible for legal aid, too.

As @SaveTheFate mentioned, the legal test for an EHC needs assessment is a low bar and the vast majority of appeals are upheld so 100% appeal. In your area, do you have an Early Years Inclusion team/ outreach team? You don't need them per say for the needs assessment but they can be useful to have on board. They often come and observe children, for example.

I have has an acceptance of assessment. How old is your DS? Mine is 4.5 and sounds simar to your child and we are still waiting for the assessment to take place. I share similar feelings to you. Why is it such that battle, these are vulnerable children ffs.

We are in week 24 of EHCP too and should be done and dusted by now. My son probably needs specialist provision but is being dumped in a mainstream with fuck all support in September. I'm about to post on here asking for survival tips. We both work FT too. Teachers always assume one of you is at home all day by the sounds of it.

Very, very stressed and utterly disgusted by the state of things. I wish the public would get behind us and demand better, but unfortunately we are a minority.

@Shiftingparadigm My DS is 3 and will be starting mainstream nursery in September. His school advised I apply for the EHCP as he has additional needs - to help with extra funding and get him a one 2 one. When I told the EHC co ordinator, she said we don't recommended children have a one to one because they need to learn to do things like the other children in the class - I was shocked I said my child has no understanding and doesn't follow any instructions, not even the word no. The co-ordinator had an excuse and answer for everything. She said he needs to go to the nursery and school needs to outline any additional support he needs, and then I can re-apply - no mention of appealing.

I'm really sorry you are waiting so long, it's absolutely disgusting. I really hope you get the EHCP sorted soon!

Exactly, both my DH and I work full time too.

no mention of appealing.

The letter refusing to assess must contain information about appealing. Ignore the EHCP co-ordinator. Of course they don’t like 1:1, it costs.

Whilst going through the EHCP process, if the nursery requires more funding to meet DS's needs, they can apply for Early Years Inclusion Funding.

@Shiftingparadigm email the Director of Children’s Services reminding them of their statutory duty. If that doesn’t work, email again threatening judicial review. Then, if that fails, you need a pre-action letter.