EHCP decision not to issue and AP withdrawn

[Westcoastlover]

Hi, I would so appreciate some advice please. My autistic son has not been able to attend school for 2 years following a failed transition to secondary. Following lots of delays , we have just received a decision not to issue an EHCP as the LA say the school he can't attend just need to be creative in providing the right environment...School Senco however verbally said they can't meet need in a review meeting in June. He has been receiving Alternative Provision which has been successful but Inclusion have today withdrawn it. They said that my son not getting an EHCP has put them in the position of reaching the end of the road with what they can provide as we don't have recent medical evidence as to why he can't attend school. Feel like we have been failed twice. He has OCD and has received camhs input earlier this year and unfortunately his Autism diagnosis and traumatic time at secondary has heightened his anxiety to such a level that he can't access the school, he dysregulated so badly whilst he was there with complete overwhelm and says that being in such a crazy, chaotic environment was like having a constant panic attack. Any advice please as to how to deal with the withdrawal of AP? Surely we need it more than ever. Thank you.

Appeal the refusal to issue an EHCP. Make SENDIST aware this is an appeal for a child out of full-time education and request an expedited hearing.

Try to get the SENCO’s views in writing. In the future, follow up all verbal conversations with emails so you have a paper trail as evidence.

Email the Director of Children’s Services reminding them of their duty under s.19 of the Education Act 1996. LAs should consider all evidence, a lack of medical evidence doesn’t necessarily mean they don’t have a duty to provide provision. The law does not state provision will only be given when there is medical evidence. Besides, you should have evidence from the EHCNA? If emailing doesn’t work, email again threatening judicial review. Then, if that doesn’t work, contact SOSSEN for help with a pre-action letter.

Under these circumstances, I might also be tempted to contact your MP. May help for all parties to be aware others will be scrutinising....

Thank you so much. This is very useful and I will be following your advice today.