To ask has anyone got an EHCP in the Independant sector? Mainstream

[GetMeOutOfHere20]

My child is autistic, with sensory and auditory issues. She is making academic progress in her Independant school, but this is taking a huge amount of scaffolding at home. A specialist school would not be right for her.

I need to get an OT report and a SALT report. I’m in the process of getting an EP report. All privately - it’s costing a fortune.

I got rejected for an EHCP, the school said she’s making progress to the council. I did such a good application but I knew I’d be rejected. What now? Can anyone help. Her main needs are sensory, mental health, auditory processing and anxiety.

I don’t know what to do next.

When we decided between mediation and tribunal, we thought about the message we wanted to send to the council. Opting for mediation shows we're serious about resolving things quickly - our child's education can't wait for months of court delays.
It also gave us an early chance to show we know our rights and will not be taken advantage of. Councils often drag their feet, so we:

• Applied for mediation straight away
• Sent a polite but firm email reminding them of their 30-day legal duty
• CC'd the Director of Children's Services and our case managers line manager to keep things moving

Just to clarify - the council won't see this as just about SALT and OT support. Unless there's an unusual cost-sharing agreement, they're responsible for all educational costs (whether state or independent) and must ensure recommended support happens. They've got everything to lose and nothing to gain by approving an EHCP - which is why they often resist.

My husband's view (which I thought was reasonable) was "we think she needs assessment and they don't - what is there to mediate about?" I'd spent about three years and thousands of our savings at that point trying to get our family out of crisis. I didn't want to sit in a room with uncaring people (if that's even what happens - perhaps mediation is a Teams call?) being told there wasn't a problem.

The tribunal waits have got longer though. I put the appeal in, in the November and we had a decision in early April, so it didn't seem too bad.

Not partaking in mediation does not mean you can’t show you are serious about resolving the situation quickly or that you don’t have an early chance to show you understand the law, will advocate for DC and enforce their rights. You can still do those things even if you get the certificate and submit straight to SENDIST.

@Needlenardlenoo mediation is not usually F2F now.

I think it's a big problem doing remote with people you've never met before. Most unlikely to resolve anything satisfactorily.

We just did an annual review online but it was OK as I know the SENCO reasonably well.

You see all of this is just over my head.

im not even sure I understand what an EHCP can do.

she is academically achieving. However with a huge amount of anxiety and management of this at home. A private OT who was recommended but is sadly retiring who has a huge amount of expertise said there js a lot we can do tk support with an OT support. A SALT is also needed the school like tk think they are thinking about the holistic child but only to the extent that the round peg round hole child stays round, it feels like a lot of lip service BUT my DD does seem happier at school BUT she is so so so hard on hersled

ive been rejected for an EHCP. That’s where it stands the rest I do not understand and it all feels very very complicated.

Take a breath. You can do this.

Was it refusal to assess or refusal to issue?

refusal ti assesses. I think it’s the admin. It’s just overwhelming. I did such a great job on the form. It was brilliant. I’m so frustrated.

The threshold for an EHCNA is relatively low. You only have to DD a) has or may have SEN, and b) may need special educational provision to be made via an EHCP. Any other test is unlawful.

Start collating your evidence. Submit a SAR to the school and any other service/professional involved. You don’t always for a refusal to assess, but consider if you need independent assessments - if you do but can’t afford them, there are charities e.g. Parents in Need who can help.

To help me to understand the process I managed to get a free place on a one day IPSEA course.SOS SEN are highly regarded and they have a recorded webinar on refusal to assess/refusal to appeal you can purchase for £10, it’s the June 2025 recording

https://sossen.org.uk/services/webinars/