EHCNA refusal to assess appeal

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Hi, I was wondering if anyone could advise. Submitted an EHCNA request for DD9 in November, got the rejection on Fri 20 Dec (at 4pm 🫠). (Before the school submitted the appendix 2).

Background:

• DD diagnosed with ASD in March last year, primary struggles are emotional awareness and regulation, sensory modulation, rigidness of thinking, cannot cope with uncertainty/transitions/things out of routine, communicating with peers outside of one or two best friends.

• Private sensory OT assessment concluded she had "significant sensory modulation challenges".

• Masks heavily at school, hates to show weakness, however ruminates for hours about every small interaction she has had.

• Longstanding toilet anxiety - incredibly anxious about there not being toilets available/being allowed to go. Part of daily routine that going to toilet has to be very last thing she does. At its worst, has been unable to leave toilet (and therefore house) for over an hour as too anxious. Part routine/part transition/part anxiety/part increased interoception.

• Have experienced low-level EBSA for past two years in that she's said she doesn't want to go/morning distress about about clothing (big sensory issues) and/or toilet. Had always managed to eventually get her in however, albeit 1-2 hours late.

• However, this has escalated since October half-term to point there are days we cannot get her in at all. When I did the EHCNA request, her attendance for academic year was 87%, it is currently 72%.

• Was previously greater depth for reading, now expected. Expected in all other areas. I don't think she is reaching academic potential.

• Sensory OT also highlighted fine motor skill and handwriting challenges. I don't believe her handwriting is at the standard of others of her ability, but the school say that although it is large (and she also struggles with keeping to margins, mixing lower and upper case) it is basically fine.

• Sensory OT also highlighted huge discrepancy between visual perception (87th percentile) and visual motor integration (19th percentile).

• Due to masking, school had only put in low-level support/accommodations until recently, found out that she had only formally been considered to have had SEN support since Sep 24 and even now does not have a 'personal plan' (SENCO said to me today that they were for children who had significant needs across the whole four areas).

• School have since put in things like: weekly therapy dog visit, weekly 1:1 with student social worker to do emotional regulation exercises, soft start provision activities, sensory circuits, 1:1 time 3x a week with teacher to build relationship. However, we are still struggling to get her in regularly enough to benefit from these.

• SENCO has just done an application to take DD's case to Local Inclusion Forum Team for further advice.

So reasons for LA refusal:

We have decided that it is not necessary to carry out an EHC needs assessment for XX at this time because the information we considered suggests that your child’s needs can be met from the resources available to all schools and education settings.

There is insufficient evidence of relevant and purposeful intervention at SEN support stage including involvement of parents/carers and XX and agreement between them and the setting regarding the interventions and support to be put in place, the expected impact on progress and dates for review.

I think we have a better case now (also more evidence of things we have tried, eg CAMHS referral (refused), School Health referral (refused as we have started paying a private play therapist for weekly sessions), 30-min phone consultation with LA EP (insightful, but generic advice).

I also have the school's appendix 2, which was not submitted during the request (obtained during SAR).

This does detail all of the support and interventions that the school has employed (so refuting the LA's insufficient evidence of interventions claim), but critically it states that they do not consider further provision/higher level funding necessary.

Would including it in the appeal be worth it? Laughably, one of the few targets it has for DD is for her attendance to increase to 95%!

Obviously, without seeing the actual evidence, it is difficult to say for certain. Evidence of what has been tried can help and just because a school doesn’t think an EHCP/further funding is required doesn’t mean SENDIST will agree.

You only have to prove DD a) has or may have SEN, and b) may need special educational provision to be made via an EHCP. The second part of the test is the harder part.

It sounds like you have a lot of evidence already. Was the OT report specifically written for an EHCP and from someone with SENDIST experience?

Hi @BrightYellowTrain, thanks for this. Yes, I am erring on the side of including it as the school has made very comprehensive lists about what interventions they have put in place.

The SENCO seems very committed and has a lot of practical experience in helping children with SEN, but I get the impression that she will only apply for EHCNAs for the children where there is significant need across the whole spectrum. She told me yesterday that she'd never had involvement before in an EHCNA or refusal to issue appeal. (Only change of placement). She also originally quoted the LA's policies to me about DD not meeting the threshold as she was academically on track.

So some of the evidence that I'm hoping will demonstrate part b):

• DD's masking and inability of school to get to the bottom of the EBSA showing that they haven't fully identified need and cannot without assessment.
• No improvement so far in attendance despite the interventions (and unlikely that the 95% attendance outcome will be met as it hasn't for the past two years).
• Sensory OT recommendations implemented by school and little difference made (other than suggestion of specialist OT provision which is unlikely to be met by school without LA support). OT report wasn't specifically written for EHCP as it wasn't on my radar at the time however it was something that they could have offered.
• I've enquired with SENCO twice about play therapy at school - first time she said they had an indeterminate waiting list and couldn't say when provision would be available, second time agreed that provision would be appropriate (with regards to toilet anxiety), but that the new therapist hadn't started yet. Nothing further received on this from school, but suggests provision required but school cannot implement?
• SAL- difficulties raised in ASD diagnosis, also in school's ADHD referral and in appendix 2. School has done language link assessment, which came back with typical for ages understanding of language. Have argued that due to complexities in communication and concerns highlighted, it suggests further assessment required. School has no external SALT provision for children without EHCPs (SENCO told me verbally it was removed - just in conversation, not related to DD).
• Academic - showing decrease from GD to expected in reading. SENCO stated in ADHD referral that there was concern DD's "impulsivity and distraction may be stopping her from reaching potential". OT demonstration of differences in VP and VMI. Shows further assessment required?

I know you can't say for certain, but do you think that passes the test?

Could also be evidence from the LIFT meeting next week depending on what they recommend?

I would say you have a strong case as long as the evidence backs up what you have posted here. Yes, you can use the evidence from LIFT. You could also make SARs to the LA (wait until after the meeting) and school.

If you feel further independent evidence is required, you could look at an independent ed psych assessment. If you can’t afford them but aren’t eligible for legal aid, contact Parents in Need.

When looking for professionals, you want someone with SENDIST experience. Reports written for an EHCP/appeal by someone with SENDIST experience will be different from general reports. Reports for EHCPs set out needs, provision, outcomes in a specific way. Not as important for a refusal to assess appeals, but important going forward.

Thank you @BrightYellowTrain. I am hoping it does, but I think I've got to the point where I can't see the wood for the trees. Have sent the ASD diagnosis report, OT assessment, attendance records, assessment records, couple of emails from the SENCO, appendix 2, school ADHD referral and discharge letter from school health.

I do think DD would really benefit from an extensive EP assessment, but I was going to wait until (hopefully) the assessment is approved... May be back to square one though if it isn't!

Thank you, will bear that in mind for the future.

Will definitely consider an SAR to the LA, though the SENCO did say she would share with me the outcome of the meeting before the report was written.

Have done an SAR to the school, but not much was sent back - school record including attendance and assessments, the ADHD referral, the appendix 2 and a record of all meetings/home visits we have had.