Appealing Refusal to Assess - Question about WHY an EHCP may be needed for SEMH

[SpaceInvader321]

We put in a parent request for an EHCNA, which was refused on the basis that our DC's school did not submit any evidence. We had chased the Senco several times before the deadline, but she ignored the request.

I've filed out the first part of form SEND35A ("Describe any special educational needs that the child or young person has / needs which have not yet been fully identified") and we can provide evidence such as letters from initial ASD assessments, letters from CAMHS and other mental health support DC has received, an OT report, etc.

But I'm struggling with the second part ("Explain why you think the child or young person may require an EHC plan").

DC's needs are mainly SEMH, sensory and social communication; no learning difficulties. They are a very good student, top sets, etc, no behavioural issues at school, etc.

In our EHCNA request, we argued, in part, that the assessment was needed bc DC's school SEN provision was not fit for purpose (they didn't even have a senco in post for most of last school year, so it was very hard to get any support) and the assessment was needed to better understand DC's needs. But I've been told that argument won't fly at appeal. And we don't really have any evidence from the school since they didn't submit anything.

The school did offer some mostly superficial interventions last year (eg, time out card) but to little effect, and by the end of the school year, DC was having a really difficult time in terms of mental health.

I've been reading various guidance (IPSEA, etc), but if anyone has advice or first-hand experience with this, I'd appreciate any suggestions. Thanks.

Well why do you think he needs an EHCP?

e.g.
Gets very anxious in class - needs access to calming room, but currently isn't allowed to go
Difficulty interacting with peers - needs social skills intervention but school isn't providing
Motor skills - needs adaptations to PE & craft lessons but school isn't providing

The only lawful threshold for an EHCNA is - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. Anything else is unlawful.

What special educational provision does DS require that can’t usually be delivered at a SEN support level and therefore require an EHCP? For example, 1:1, small classes, OT, SALT, does DS have expressive language difficulties causing struggles with social communication and interaction that the school are unable to support to the level required without an EHCP. Is DS not able to attend school full-time, are his sensory difficulties leading to him spending a large amount of time outside the classroom meaning he is failing make expected progress and DS requires greater support above what is ordinarily available in order to access education? Sometimes it is possible to be successful by proving the school could do more, but won’t.

Make a SAR to the school.