Won EHCNA appeal - now what?

[SpaceInvader321]

We've won our appeal against the LA's refusal to assess. Now I feel like I have to seriously prepare in advance to make the most of the assessment.

DC is 11, Y6. Has ASD and ADHD diagnoses, has had a private EP assessment (report pending) and a private OT sensory and praxis assessment that picked up various issues with motor skills, visual teaching and sensory issues. He has poor working memory and really struggles with maths and he's fallen behind over the past two years.

Primary school hasn't done much for him and the Y7 transition is approaching quickly. I think he will need an EHCP but I'm guessing the LA won't agree (refusing everything seems to be their knee-jerk reaction).

Any advice for this stage of the process? Thank you!

Brilliant news. Well done with the appeal.

During an EHCNA the LA must seek information and advice from:
a) the child’s parent or the young person;
b) educational advice (usually from the head teacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

H can include things like SALT, physio, clinical psychologist assessments so, in writing, request any that are necessary.

If you, the LA and report writer agree the existing reports are sufficient the LA must not seek new advice. However, LAs often don’t agree they are sufficient. Instead seeking their own less detailed, specified and quantified reports. If that happens ask why they deem the current evidence insufficient.

Thanks, @SearchingForSolitude .

The LA has now notified us that they'll be assessing but they haven't included any specific dates.

Do they need to state a specific start date for the assessment, so we know when things are happening and can ensure they're sticking to the timeline?

Their letter says: We like to take a ‘tell us once’ approach to gathering information. We are not permitted to seek further information if it has already been provided and if you, your child, the person providing the information and the Local Authority all agree that it is sufficient for this assessment.

We will ask anyone who has already provided information if they feel that the reports that they have already provided are sufficient for the assessment. If not we will ask them to provide us with further information.

Does that imply they won't send in their own EP since we have already submitted a report as part of the tribunal evidence for DC1. Am I interpreting that correctly?

Should we expect them to coordinate with us to actually conduct any school observations, testing, etc? Their letter just says: I will write to you again to let you know the outcome of the assessment.

The dates are from the date of the Tribunal order. If the LA is not going to issue, they must inform you by week 10. If they are going to issue, they must finalise within 14 weeks.

If the LA, you and the report writer agree the existing EP report is sufficient, they must not seek further information. The problem is LAs often try to say independent reports aren’t sufficient. If the LA tries that line, ask why. You should be informed of any further assessments.

@SearchingForSolitude knows many things!

Come over to my EHCP support thread 2 for solidarity.

EHCP support thread no. 2 - www.mumsnet.com/talk/special_educational_needs/4989146-ehcp-support-thread-no-2