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SEN

Here you'll find advice from parents and teachers on special needs education.

How much weight does the LA EP report have at tribunal?

3 replies

GreysToenatomy · 15/09/2023 14:13

I am pleased I’ve found this forum. I have a refusal to issue an EHCP appeal next week.

The LA EP assessed DD at the beginning of the year during needs assessment and whilst they recognised SEN, the report was vague and did not have many recommendations in. Needless to say, the LA refused to issue.

I appealed and obtained an independent EP report along with independent MH reports. DD is academic so there are no learning issues but there are very real MH difficulties which impact DD greatly. The independent EP report has some specific but not very costly recommendations in. However, DD’s school have already said they can not implement these recommendations due to time availability.

The MH report has specific recommendations in which again, school have declined to implement telling me they do not have the funding. They also said the recommendations were from independent reports so could not use them.

DD therefore gets none of the recommended treatments. Her attendance is now less than 80% (albeit it is only the beginning of term, she’s had two days off due to MH issues).

The LA sent their EP in to DD school again to review DD and I’ve just received their report which the LA are submitting as late evidence. It is almost identical to the first report and not much use at all other than explaining that DD is ok at school and fully engages in classes. The EP is aware of the daily meltdowns I get at home.

Is it likely this updated evidence will harm my case? Do independent recommendations count for an EHCP?

OP posts:
OvertakenByLego · 15/09/2023 15:49

SENDIST consider independent reports. They will look at all the evidence.

Schools and LAs shouldn’t have a blanket policy of refusing the accept independent reports just because they are independent.

GreysToenatomy · 15/09/2023 16:36

TY @OvertakenByLego . Do children who are ok in school ever manage to get EHCPs? It all seems so fruitless but I’ve come this far, I feel like I should see it through.

OP posts:
OvertakenByLego · 15/09/2023 21:05

It is possible to get an EHCP for a DC who masks.

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