Appeal to LA for ECHP for one more year

[FallingDownARabbitHole]

My DS is 20 and in his second year at a specialist college. He is diagnosed with ADHD ASD non verbal and complex needs including sensory.

After a shaky first year at college he has had an amazing second year. he has settled well and really come in to his own. he has been described as being a sponge. Infact he is doing so well that his college want him to attend for a third year as they believe educationally wise he will really benifit.

our LA only extend the ECHP for a third year in exceptional circumstances. The college has requested and it went to panel. Panel has requested more information twice as to costing and how he will benefit being in college over a day service. His college has really fought to keep him. It goes back to panel for a final time next week but we are looking at a rejection.

we are looking at appealing the decision as we believe the college know best and therefore if they thing he will benefit with an extra year we will fight for him. We are also struggling with a day service for him so an extra year would mean we can take more time to get the right setting.

I am looking for any advice on how i appeal, what I say, maybe a template, or a signpost to a service that may help with the appeal?

If the LA propose to cease to maintain you appeal to SENDIST. As an adult, DS can be eligible for legal aid in his own right. If you appeal, the LA must maintain the EHCP until the conclusion of the appeal.

our LA only extend the ECHP for a third year in exceptional circumstances.

Your LA is acting unlawfully. They can’t have this as a blanket policy. If you haven’t already, read this IPSEA page. From your post, the LA should not be ceasing DS’s EHCP.

@BrumToTheRescue thank you. They asked for information to show how he would benefit another year at college over day service. His college has been amazing. They are really fighting for him but when it comes to appeal their hands are tied.

I didn’t realise he would need legal aid. Does this mean a solicitor? Is this something I should be looking into now or after I’ve put in appeal?

thank you for the link. It will help with my argument for maintaining the ECHP one more year. It really seems a lot of effort for one more year, the college only offerers the 3 years, but he is blossoming so much after 16 years of coasting through school in a DSP unit.

Don’t think of it as a lot of effort for 1 year. It is for several years. The EHCP can be in place until 25, or 26 in some circumstances.

DS doesn’t need legal aid in the sense it isn’t essential, but DS can be assessed for legal aid in his own right. Whereas for children, for appeals to SENDIST, it is the parents who are assessed, so many DC aren’t eligible because of their parents finances. Legal aid can fund assessments. It would fund legal advice/work (although isn’t always a solicitor doing the leg work). If you currently have the right of appeal you can look at legal aid now. If you don’t yet have the right of appeal you will have to wait until you do (if you do).

@BrumToTheRescue thank you.

it goes back to panel next week but we are expecting a rejection.

after next year there won’t be a suitable college setting for DS so it would be his last year in education before a day centre. We were expecting him to leave in July and the ECHP ending but college are adamant he will benefit from another year. Plus it gives is time to get a suitable day service for him.

so it would be his last year in education

It doesn’t have to be. If it becomes inappropriate for the provision to take place in a school/college you can look at EOTAS. This can actually include what would typically be seen as social care provision. For EHCPs, social care provision that educates or trains is social care provision. Educates or trains has a wide scope. It can include preparation for adulthood, accessing the community, socialising, communication… The benefits of ensuring it is in F of the EHCP is that it can’t be means tested (in some areas even if benefits are the only income the person is expected to make a contribution), more provision is possible, and it is more easily enforceable/less easy to remove.

thank you for all your advice. In the end the LA has agreed to keep his ECHP so he can attend college next year.

Brilliant news. I am glad the LA saw sense eventually.

Thank you.
there was a lot of back and forth from his amazing college but they won in the end.

one of his teachers told me that they were glad they got the extra year as they weren’t ready to say goodbye to him yet. Really warms my heart that he has made such an impact on people