Overwhelmed with EHCP appeal (section I)

[BohoBiscuit]

I apologise in advance for the long post. I'm hoping someone with more experience can break things down for me.
So, my son is in year 4. He was issued his final EHCP at the end of November. At the draft stage I requested that 4 SEN schools be consulted on a place for him. My case worker told me that she would put his current mainstream school as his named school to comply with deadlines and she would send consultations out.

A couple of weeks later my son got his ASD diagnosis (he's awaiting an ADHD assessment). I contacted the cw to update her and to see if any consultations had been returned. She advised that his ASD diagnosis couldn't be included until his annual review and that the schools she contacted couldn't meet his needs. I asked for clarification on reasons - her answer was there were no places and the consultation window had now closed. She then (I feel reluctantly) added on that I had a right to appeal.

I registered my appeal and now I'm sat with the paperwork wondering what I'm supposed to do. I feel like after the last 2 years of form filling, assessments, meetings and appeals (refusal to assess) I just can't process one more! I mean - I literally can't take it in. I can read the words but I just can't grasp what I'm supposed to do....

The way I'm reading it: I'm supposed to contact the school of my choice and ask them to complete a form stating if there's a place. This seems odd as the cw informed me there were none.
Then I have a deadline date to send back the other form along with supporting evidence (his ASD report).

Am I missing something? I feel like because his current school have said they can meet his needs he has been dismissed. Thanks for reading if you made it this far and I'd appreciate any input.

*I contacted SENDIASS who just keep referring me to the IPSEA website.

Take a breath. You can do this.

Are you appealing B&F as well as section I? Because section I is the logical conclusion of B and F it is recommended you do. Otherwise there is a higher risk of your placement not being named. If you haven’t, you should consider requesting to amend the grounds of appeal using a SEND7 - not forgetting to seek the LA’s views first.

You should collate your evidence. Consider if you need independent assessments, e.g. ed psych, SALT, OT. If you need independent assessments but can’t afford them and aren’t eligible for legal aid (which can fund independent assessments where necessary), contact Parents in Need. There will be a final evidence deadline where you submit your evidence by, but it is possible to request late evidence is admitted, so don’t overly worry if you will have evidence after this date.

Is the school you are appealing for wholly independent? If so, you need a provision of place form (POP form). Basically like a place in principle letter saying they offer a place/agree to be named (and it may include a date they will hold a place until). This is because wholly independent schools can only be named if they offer a place. They can't be named if they don't offer a place.

Unless the school you are appealing for is wholly independent, your preferred placement must be named unless:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
Being ‘full’ is not defined in law and on its own is not a lawful reason to refuse to name your preference. The school has to be so full admitting DS is incompatible with the efficient education for others or efficient use of resources. That bar is higher than many LAs and schools admit.

If it is wholly independent you would need to prove the LA's proposed school(s) can't meet DS's needs &/or it isn't unreasonable public expenditure.

Wow @BrightYellowTrain! Thank you so much. I feel like you've made things much more clearer. Yes, I will complete the SEND 7 form. His plan is so generic if that makes sense. I appreciate it was completed before his diagnosis and it's not really reflective of his true needs.

According to the form where I have to approach the school for a response it says it's an "independent or other" school. After researching it I believe it's a section 4 school which means it can be named....? This is what is confusing me.

I took my DS for private dyslexia screening and I also paid to get his ASD assessment done privately. I'll take a look at Parents In Need - I've never heard of them before.

Again thank you so, so much for you reply x

Consider independent assessments. If you only have the money for one, I would go with an ed psych assessment. If you can stretch to more, look at OT and SALT. Make sure whoever you use has SENDIST experience.

If the school is a section 41 school, you don’t need an offer of a place. They aren’t wholly independent. I would contact SENDIST and let them know the school is a section 41 school and not wholly independent. Although when you get the bundle further down the line, it should still include information from and about your preferred school.

Hi OP, you may find the support thread useful for moral support.

Lots of us have been where you are!

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

@BrightYellowTrain Thank you so much for you advice. I am going to email the case worker to consult with her about the appeal and then complete the SEND 7 form.
My son was assessed by the Ed psychologist during the EHCP assessment phase. Does this need to be a different one?

Thank you for the link @Phineyj. I'll pop over for a nosey.

Was the EP assessment via the LA? Did DS also have SALT and OT assessments?

Good independent assessments from someone with SENDIST experience are a world away from LA assessments. They are far more comprehensive and more detailed, specified and quantified. So you should consider independent assessments. If you can’t afford them but aren’t eligible for legal aid, contact Parents in Need.