EHCNA refusal

[BananaPie]

Grateful for any advice. We had an EHCNA refused in December. I have spoken to LA. They need a bit more evidence of the support currently in place at school (costed provision map), and thought the panel might review in advance of mediation if this was received. School says that they will supply the necessary, but being slow to do so.

A mediation date has now been offered. It’s in half term so the school SENCO almost certainly won’t be able to attend. I’m a bit unsure whether to accept anyway or whether to just ask for the mediation certificate and crack on with an appeal. The whole process seems to be full of delays and mediation just seems to be adding to this. Also this is only for the EHCNA. Presumably they could still refuse to issue an EHCP in which case we will be in another lengthy appeal process, so I guess minimising time at this stage might make sense.

Appeal.

And come over to my support thread to find your people!

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 and submit to SENDIST. 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. Needing to have spent £6k, 2 APDR cycles, etc. are myths LAs like to perpetuate.

Alongside this, submit a SAR to the school in order to get evidence to help your case.

Thanks all

Although actually if there is a chance that mediation would sort it out I would be interested in hearing any experience.

We do meet the criteria as set out in law so presumably better to make those points in mediation now rather than waiting for a tribunal which could take a year?

i understand that people think that mediation is used as a delaying tactic. I’m not sure I entirely buy the argument as the LA are obviously using up some resource on the mediation process, and a delay doesn’t necessarily reduce number of cases. Interested to hear the evidence for that theory. If no one ever gets the result they want from mediation I would be more convinced!

If the LA is going to concede they will do so whether you actively partake in mediation or just get certificate and submit to SENDIST.

LAs do use mediation as a delaying tactic. It well known within the SEN world. It is a delaying tactic because it kicks the can down the road which saves the LA money. It does reduce the number of cases because, having been through mediation, some parents will be put off appealing.

The wait for refusal to assess won’t be a year.

Thanks that’s helpful. So I guess now I have the date for mediation I may as well persevere as they may concede at that point.

Personally, I would just request the certificate and submit to SENDIST.