EHCP declined

[airhostess]

Hello, DS diagnosed with ASD/ ADHD and Demand avoidance last month. Applied EHCP same day, today declined. I will want to appeal.

Please can someone advise me what to do next, I had to provide no evidence but the school did. LA reported his needs can be met, I pay for tuition as his attendance was poor in 2023 due to burnout.

What paperwork do I need to obtain?

LA have offered mediation prior to appeal.

can someone talk me through this so I can get started.

DS has a 70% chance of NOT making it through the education system.

If you want to partake in mediation (you don’t have to. You only have to consider it.) you need to show DS meets the legal test for assessment. So, you need to show DS a) has or may have SEN, and b) may need special educational provision to be made via an EHCP. The first part of the test is the easier part. It is unlikely the LA will question that part. The second part of the test is the harder part. You need to collate evidence to show meets that.

Focus on his individual needs and the provision he requires rather than statistics that look at a whole population.

To appeal, you need a mediation certificate. Complete the SEND35a form. Send that, the mediation certificate, letter from the LA and any evidence you have to SENDIST.

You need evidence. Submit SARs to the school, LA, and any other service/professionals involved. Think about what evidence you have and if you can meet the legal test. If not, think about independent assessments.

Look at IPSEA and SOSSEN’s websites. IPSEA has a free webinar coming up on appealing.

How old is DS?

Hello,

Thank you for your detailed report.

My DS will turn 10 this month.

May I ask what SAR’s are?

School have referred to SALT ( they declined my referral a year ago), OT and the LA Autism Team.

I think the hard part in all of this is that he’s very bright, very popular, sporty, but home life is like swimming through treacle. So on paper school can meet his needs the ones he chooses to show.

*response!

You can get EHCPs for academically able DC who mask. If school was easier for DS, home life would improve too.

A SAR is a subject access request.

If you need independent assessments but can’t afford them and aren’t eligible for legal aid, contact Parents in Need.

What is DS’s attendance like now? In future, if DS can’t attend the LA has a duty to ensure he still receives a suitable, full-time education. Rather than you paying for a tutor.

Thank you, I appreciate your time and your clear explanations and advice.

I’ve paid privately for the diagnosis.

DS has had two school refusal days so far since September, you can see he’s just wiped out.

not eating well on some days, one non fluids day.

DS is unaware of the diagnosis at this current time as he found the process so upsetting and I’m avoiding rocking his world for now.

From your posts, DS clearly meets the legal threshold. It is a matter of gathering evidence to prove that.

You may not need independent assessments for a refusal to assess appeal depending on what other evidence you have/can get, but when I mentioned independent assessments in my pp, for appeals, assessments from people such as ed psych, SALT, OT are more useful because EHCPs are based on needs, not diagnosis.

Can DS communicate why he can’t eat at school? Is it anxiety or overwhelm or to do with the food? Would eating somewhere quieter help? Would being allowed to eat/drink whatever is safe help?

One way of getting some evidence is through emails. For example, if DS is too anxious about school to eat whilst there, have you discussed this with the school via email? When DS didn't drink all day, did you raise it via email? Follow up all verbal conversations with emails.

At 10, I would urge you to tell DS. You do not want him to find out from someone else.

Hello,

I have a rainforest worth of emails to and from the school.

I agree we need to tell him.

Will look for my steel pants and be brave.

thank you.

I also have a written letter from the head confirming his previous teacher told him to shush his face.

worth putting that in?

Poor DS. For the appeal, focus on DS’s needs and the support he requires rather than the history.