EHCP refusal

[HorrorFan81]

My 11yo (yr 6) just had his EHCP declined. We have a very detailed Educational Psychologist report with a whole suite of recommendations in there, none of which were mentioned in the outcome letter, it just said that school could meet his needs and touched on two areas of concern, but ignored everything else.
Obviously we will appeal, but do we need to do the mediation? Is there any benefit of this? Can they overturn the decision?

Do we need legal support for appeal? Any recommendations?

You have to consider mediation. You don’t have to actively partake if you do it want to. You can request the mediation certificate and submit your appeal to SENDIST. Mediation can overturn the decision. Although you would want to ensure the LA send someone who can make decisions. They often don’t, unfortunately. However, LAs often use mediation as a time wasting exercise.

Legal advice isn’t essential.

Consider your evidence. Think about whether you need independent assessments. If you do but can’t afford them, check if you are eligible for legal aid and look at the charity Parents in Need.

Thanks. In terms of independent assessments what could we be looking at? We have OT, physiotherapy, CAHMS, Community Paediatrician and educational psychologist. The EP report has SO many recommendations including interventions, small group work and alternative classroom provisions but these all seem to have been ignored

The most common ones are ed psych, OT and SALT. Although others could include independent social worker, physio, clinical psychologist. It depends on the individual’s needs and the evidence you already have.

Was the EP report an LA report and the OT an NHS report? If so, they may not be as good as you think. They are often woolly and vague. Rather than detailed, specified and quantified. For example, is the small group defined? Your definition will not be the same as the LA’s definition.

Yes to both

The EP report does seem quite specific but I have nothing to compare it to.

E.g. the recommendation would be 'he will participate in a structured, small group intervention delivered by adults to develop...' There is then detail of exactly what the development needs are, what the intervention should include, how often it should take place and how long it should last.

What else would you expect to see included?

Even if the interventions are detailed and the frequency and length of time stated, what is a small group? What adults? Will it be delivered in the classroom or outside?

Ah ok thanks. Would an independent EP report potentially include those kind of details?

A good independent EP who has SENDIST experience would, yes. It is likely one would be far more comprehensive than the LA one.

Similarly, many NHS assessments don’t cover or only briefly cover sensory needs/provision. Whereas, an independent one can be far more detailed.

Similarly, you don’t mention SALT. The scope of NHS SALT is often quite limited.

Great thanks. Yes sorry SALT have been involved but again NHS. I haven't had access to, or seen any of the letters or reports sent in by any of these services- am I able to request them so I know what's already been submitted?

Yes, request all the advice and information collated as part of the EHCNA. If you appeal, the LA will have to include all the information they considered in their response to the appeal, but I would ask now rather than wait until then.

You may not need any extra evidence, but it is certainly something you need to carefully consider.

@HorrorFan81

As PP said it is only a requirement to consider mediation. Our solicitor advised not to go to mediation, but to register the appeal straight away. He also said it was possible to register the appeal and still try to come to some agreement with the LA, and that not all appeals go all the way to a hearing.

However, that was several years ago, when parents were getting dates for appeal hearings within 3-4 months. Unfortunately, parents are having to wait much longer now, sometimes up to a year, which may influence your decision.

https://www.ipsea.org.uk/mediation

https://www.ipsea.org.uk/mediation-things-to-consider

Information about appeals here with a detailed Refusal to Assess pack:

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

https://www.ipsea.org.uk/refusal-to-assess-appeals

You must send an appeal form to the SEND Tribunal within two months of the date of the decision letter, or one month from the date you obtain a mediation certificate, whichever is the later.

And yes independent reports are usually better than LA ones. LA reports frequently use vague and woolly phraseology such as "regular", "opportunities for," "would benefit from", "access to", "a high level of support", which could mean anything, so the reports are not worth the paper they are written on.

I've declined mediation twice, once when appealing refuse to assess (that was in November 2022) and once when appealing refuse to issue (that was around a year later). The mediation "service" is basically a call centre and the first time, it was a bit faffy as you have to get through to someone with the power to sign off the certificate. But about a week later I had it.

I could see no point in "mediating" as the LA didn't appear to have even read any of my DC's paperwork.

The second time they made me go through the entire case history and basically justify why I thought an EHCP should be issued! But then they did issue a certificate. And we did win that appeal (and the previous one).

What I would say is, don't be too nice. The LA has no incentive to help you and your child. EHCPs cost them money. Be clear on the law and processes, be polite, assertive and persistent.

I will post a link to the support thread in a minute.

EHCP support thread no. 4 - www.mumsnet.com/talk/special_educational_needs/5197351-ehcp-support-thread-no-4

Oh, just to add that when you appeal (and get a very far ahead tribunal date), submit a SEN 7 form asking for the tribunal to be expedited as year 6 to year 7 is a "phase transfer".