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!

I've done both! And in fact I already have an anonymised version I did for another Mumsnetter - would you like it?

If you are submitting a SAR to the LA request all data about DS. Also submit a SAR to the school and any other agencies/professionals involved.

Don’t include representatives' names if you don’t actually have someone representing you at the moment. If you later decide to have a representative, SENDIST can be informed at that point.

Personally, I wouldn’t wait for legal advice. It really isn’t necessary at this stage and delaying submitting the SEND35 delays the appeal. You will be able to add evidence/information/expand the reasoning behind your case later. The SEND35 doesn’t need to be your whole case. Include what you have now, but don’t panic. Many add evidence/points later. The LA may concede prior to the hearing. They may not. This applies whether the SEND35 form is relatively brief or extremely detailed.

Oh goodness, yes please! I'll pm you!! Thank you so much!

My son’s LA refused to issue, instead issuing a ‘support plan’.
I went to mediation (Global mediation, they were superb, the mediator was amazing) and at mediation the LA agreed to go back to panel. In the meantime, I lodged my appeal (also agreed at mediation) and got a date in April. We also met with the EP who had done the original report and told me she was really surprised they’d refused to issue.
Went back to panel this week; by this point the SENCO and I had gone through the support plan point by point and resubmitted it to the LA, pointing out all the errors, also had a report from CYPIT, a private cognitive ability assessment and by this time also has his ADHD assessment (already had ASD assessment).
And they agreed to issue this week.
I agree that LAs use mediation as a delaying tactic, but given there is about a 10 month wait for appeal, I don’t think you’ve got anything to lose! I suspect they want to know if you’re likely to fight or not, mediation is that first step.

at mediation the LA agreed to go back to panel.

This is part of the problem. The LA must bring someone with decision making authority.

You have time to lose. Delaying submitting an appeal, delays a hearing. If the LA is going to concede or send it back to ‘panel’ they can still do that even if you submit to SENDIST.

apologies OP for hijacking but I could really do with this help if you don’t mind sending me your form. Currently about to appeal refusal to assess and feel stuck and overwhelmed