EHCP refusal to issue - next steps

[Worriedmotheroftwo]

Last week we received refusal to issue my son's EHCP (following assessment). We have refused mediation and have the certificate and will be going to tribunal. What is our next step? I've looked it up online but it all seems quite complicated- can anyone just explain to me very very simply what we should be doing right now?

I'm thinking first step should be to inform the case coordinator that we will be going to tribunal. At that point do we give a list of reasons? I have compiled a list of why we disagree with the decision. Who do I send this to?

Thankyou!

Have you submitted the SEND35 form to SENDIST? If not, that is the next step. You can include any evidence/arguments you already have, but don’t worry, you will be able to add more later. If you have already submitted to SENDIST, next consider if you need independent assessments and if you do contact professionals - making sure they have experience of SENDIST and writing tribunal standard reports.

Many thanks. No, we haven't yet, although I think I've found the form.

I have made a list of reasons I want to appeal. Should I fill in that form today, even though I can probably complete it much better later on (we are looking into paying for professional advice) or should I wait until I'm fully ready? You said we can add more later - does this mean the form is editable and therefore an ongoing process?

We already have SALT, OT, ASD and ADHD assessment reports. Plus the EP assessment the LA issued as part of the ECHNA process (which was rubbish). I think I'll get a private EP assessment done, but that will have to be next school year now.

Is there anything else I should be doing right now? Should I be emailing our case coordinator or is that irrelevant?

Thank you so much. I've always considered myself intelligent and capable, but this is a minefield and I feel out of my depth.

You can let case coordinator know if you want to but the LA will appoint a different tribunals officer once it receives your appeal so it’s largely irrelevant to the current one
Fill in the form now as it’s an approx 12 month wait for a tribunal - you can gather the rest of the evidence during the wait.
Once you’ve submitted the form you wait to get a date from the tribunal service and that will include a timeline by which you need to provide all your evidence (and the LA theirs) - you don’t edit the form as such but you just send over your additional evidence when you get it (as long as before evidence deadline - although even then you can request to send late evidence if needed, eg because waiting for a report etc)

So the next step is completing the SEND35 form. Don’t delay. The waits are long. Delaying, delays the hearing. You can’t edit the form at a later date. You can send further evidence/statements about your case later in the process.

If money is limited you should focus on independent assessments over representation. Evidence wins appeals. The best representation in England can only work with the evidence available. If you think you need/want an independent EP assessment don’t wait until the new academic year to contact them. Anyone good has a waiting list. Depending on what other evidence you have, if the SALT and OT reports weren’t written for the EHCP process &/or weren’t independent you may want to consider independent SALT and OT assessments.

x-posted with @suitcaseofdreams.

Many thanks indeed - hugely appreciated. My only concern with completing the SEND35 form today is that I feel like it will be a sub-standard attempt and won't be as good as I could do with lots of time spent on it. Does this matter??

The OT and SALT assessments were independent... I think. They are people who come into the school each week to work with the children there; thats how I know about them, and why asked them to do the assessments. Does that make them independent or not? They were aware when they wrote the assessments that they would likely be used for a EHCP application. The OT one is especially specific and precise about what he needs.

It is OK for the SEND35 form to be relatively brief. As I said, you can add evidence/arguments/statements to your case later.

You may have enough to get over the line for a refusal to issue appeal anyway, but it is a good idea to establish who the SALT and OT are. Schools do sometimes bring in independent providers. If they have a relationship with the school, I have seen professionals be influenced by the school/what the school can provide etc. although they shouldn’t be if writing a private report. It isn’t unheard of, but it is unusual for schools to fund professionals that write tribunal standard reports, so that is worth considering, too. Them knowing you would be requesting an EHCNA doesn’t mean anything.

Sorry, another question. Is it supposed to be a panel that decides whether or not to issue an EHCP? I'm a bit suspicious as thr EHCP was refused one day after the EP report was uploaded.

LAs often use panels or at least claim to. But it doesn’t have to be.

@Worriedmotheroftwo

You may find these links helpful:

https://www.ipsea.org.uk/appealing-to-the-send-tribunal

https://www.ipsea.org.uk/general-advice-for-all-appeals

Refusal to Issue Pack

https://www.ipsea.org.uk/where-can-i-get-help

Hi OP, you can post on the EHCP support thread on here. I'll add a link in a moment.

I just put a day aside and followed the Ipsea guidance on what to include. I summarised the problems on the official form and then added a continuation sheet with more detail. Then added all the evidence (assessment reports, medical evidence, what school said and so on). I used the free version of Adobe Professional to index it all and make a pdf (SENDIST does everything by email).

I've done two tribunals and not paid anyone to do the writing part for me - did pay for a bit of advice on the draft EHCP when we finally got it.

EHCP support thread no. 3 - www.mumsnet.com/talk/special_educational_needs/5077140-ehcp-support-thread-no-3

Can I ask why you refused mediation? My sons EHCP was denied and we did mediation, 30 minutes in they issued his EHCP

@Shhimtryingtosleep lucky you! A lot of LAs use mediation as a delaying tactic.

My LA is reportedly one of the worst in the country.

Seriously?! Hmmm maybe we made the wrong choice then. All I,'ve read is that they use it as a delaying tactic and that there's no point as if they're going to issue the EHCP after all, they'll do it regardless of mediation. This is the first I've heard of anyone with a mediation success story! As I say, I'm totally out of my depth here. I've already got the mediation certificate - so am I too late to do mediation now? Also, what LA was that please? Thamks so much!

Many thanks - are you referring to the SEND35 form? That's my current stumbling block. Haven't filled it in yet.

LAs do use mediation as a delaying tactic. Obviously, that doesn’t mean it is never successful, but on the whole LAs use it as a delaying tactic. Just complete the SEND35 form and submit to SENDIST.

Yes the SEND35 form - think of it as a cover letter (like for a job or funding application) - you then attach any additional evidence.

I used to do fundraising from the National Lottery and so on and it does help a bit to think of applying for EHCP as a funding application. As that's essentially what it is.

@Shhimtryingtosleep the LA can progress the EHCHNA/EHCP process at any time, but my experience has been that they do bugger all if there's nothing legal happening. Squeaky wheel gets the grease and all that. I did discuss it with DH the first time we declined mediation and his view was 'we think she needs assessing; they think she doesn't - what is there to mediate about?' which I agreed with. Plus we had already organised our own ASD/ADHD assessments, various therapies, secondary school place etc so frankly I was beginning to feel that we knew more than they did about what DD needed, given that it was clear they hadn't actually read anything we'd sent anyway...

You also have to consider the fact although LAs should send a decision maker to mediation, they don’t always.

Haha yes! Considering our LA only confirmed the name of our case officer two working days before "going to panel" (where they declined to issue), I'm not sure they would even have admitted to having a decision maker for the first 10 months of so we were dealing with them.

When we went to tribunal, our solicitor advised against mediation as you can still try to negotiate with the LA while the appeal is being processed.

Thanks so much for all your help.
I feel like I'm being really stupid about the SEND35 form, but im petrified of getting sonething wrong. On the SEND35 form, it asks me to list reasons for appeal. If my list isn't currently that great, will it make a difference? Or should I wait a few days/couple of weeks until I have legal advice on what exactly to write? I want to make them accept the appeal asap without needing to go to tribunal (ha wishful thinking) but won't thay depend on thr strength of what I write in the SEND35 form? Sorry if I sound really ignorant.

Also, it says on the SEND35 form to write down any legal representation names. Is it okay to write that we are in consultation with a few, and that we will shortly decide who is to represent us?

I'm also about to send a SAR in as I really need more info on what evidence was gathered, who they consulted (I don't believe they consulated everyone they were supposed to), and how the decision was made. Is there anything major I need to be including in my SAR?

Thanks so much. The support on mumsnet is wonderful.

I can send you mine with personal details redacted if that helps? PM if you want me to do that (but let me know, as I can only view PMs on the computer and am on the app). This is for refuse to assess, right?

Oh my bad, it's refuse to issue isn't it?

Thanks so much for the offer, but yes it's refusal to issue. There was no problem with getting them to agree to assess.