EHCP refusal to assess

3 replies

Lifeispassingby · 08/11/2023 21:03

DS is 3 and starting school next sept. We are on waiting list for paediatrician re asd behaviours/traits. He has huge sensory processing difficulties which result in ‘wild’ behaviour (running around, throwing, screaming, lashing out at others etc). Nursery and I applied together for EHCP request and have just been told it’s been refused. They are saying needs are met by the nursery currently and therefore doesn’t need an EHCP assessment. What can/should I do now? I’m certain his needs cannot be met without and EHCP, he needs close supervision for so many reasons and the OT recommendations alone aren’t likely to be delivered in mainstream without an EHCP are they? I’m so scared about DS going to school without a plan, ideally I’d like special school for him but if we can’t even get an EHCP that’s impossible!

OP posts:

BlueBrick · 09/11/2023 09:33

Appeal. The vast majority of appeals are upheld.

Don’t bother actively partaking in 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 or just get the certificate.

eardefender · 15/11/2023 22:31

Op I have prepared two ehcp applications for both my kids. Both children higher rate DLA, both out of school, both fully diagnosed. One intellectually and physically disabled, one has semh. I am using a legal advisor who has told me they are both very solid and other professionals have also commented how well put together they are. I am fully expecting both to be denied assessment and have to go to appeal. That seems to be the way it is. That’s why I have been using a legal advisor to help from the very start and check everything I am doing. It’s an unfair crock of shit but seems to be the way it is for parents.

cathcath2 · 19/11/2023 22:19

Appeal. To be honest, I'm surprised these days when the first request is actually granted. Ipsea have some great advice https://www.ipsea.org.uk/news/record-number-of-appeals-to-send-tribunal-shows-children-and-young-people-with-send-are-unlawfully-denied-the-support-they-need

Record number of appeals to SEND Tribunal shows children and young people with SEND are unlawfully denied the support they need

New figures from the Ministry of Justice show clearly the extent to which local authorities routinely and unlawfully deny children and young people with SEND the special educational provision and support they need

https://www.ipsea.org.uk/news/record-number-of-appeals-to-send-tribunal-shows-children-and-young-people-with-send-are-unlawfully-denied-the-support-they-need

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