Ehcp rejected

[Tryingtohelp12]

I have just found out my sons ehcp has been rejected. Honestly I just assumed (as did all his teachers) that it would go through.

his ED psych report had numerous interventions suggested, he came in the 4th%ile but the 86%ile in visual spacial skills. He is diagnosed with receptive language delay, and on the pathway for both ASD and ADHD. The ed psych said she would be surprised if he didn’t get both of these diagnosis having met and assessed him. Academically he is is assessed as well below in handwriting, below in reading and working just at in maths. He didn’t pass his year 1 phonics screening but I think he will have passed it this year (waiting on results) His social skills are difficult to assess really because his receptive language is so poor that it’s hard to know if it’s this which impacts his relationships with peers or generally or if he generally struggled to connect.

I’m in shock. He is just turned 7 and will be in year 3 in September. Can anyone advise me of the next steps?

Appeal. Don’t bother with mediation, get the mediation certificate and submit to SENDIST.

Consider your evidence. Look at what you already have, what you need to gather and if you need independent assessments. Submit SARs to the LA, school and any other agency/professional involved.

Ok thank you. Based on the above are you surprised he didn’t get it? Maybe I am naive, I thought he would get it.

I am not surprised. LAs act unlawfully all the time.

I was in same situation this last year. Also shocked.
I wasted time on mediation, go straight to tribunal.

do the SARs, is he on the SEN register? Get updated provision plan/IEP a term or so after Sep.

My tribunal is later this year. The LA's evidence is all of my evidence plus more, nothing new but things from past years which all state he needs support so I feel they are just wasting time to see how far I'll go.

get as much extra evidence as you can.

I’m so sorry to hear this. It’s heartbreaking. When you know your child really needs this. Where I live tribunals over turn the decision in almost all cases. But it’s a fight and stressful. I really hope you get there in the end.
sorry I can’t offer any advice - but suspect there’s a good chance I may be in a similar position soon.

Appeal and don't overthink it. Some LAs will routinely turn down as many as they possibly can. This does not necessarily mean a single person has looked at it and actually thought he doesn't need one. It's often just their volume management or delaying strategy.

Parents win something like 95% of appeals, often without submitting additional reports. Think of it as a delay.

When I worked as a school governor, our LA had a blanket policy of rejecting every single EHCP. They just hope some parents go away. It's so upsetting for parents having to go to tribunal as default, and the unnecessary legal costs for the LA are just a massive waste of public money. 😔

Yes interestingly yesterday I asked for a copy of the minutes of the meeting, I wanted to know they extent of the discussion that took place, or if any specific evidence is highlighted as missing so I can have it as additional evidence. She said I am the first person that has ever asked that before and she had no idea if they are minuted.

the panel went ahead without a report from speech an language (I have been chasing every other day for 4 weeks). We did include assessments from the private speech and language person we work with but I wonder if they would have taken it more seriously from the nhs. Is it worth going through mediation if we have this additional evidence?

based on the above details of my son (I know it’s limited) would you have expected him to have been given an ehcp?

thanks everyone

He’s been on the sen register since the start of year 1, the school had been raising concerns since pre school but my husband was reluctant to accept their decision so it took till then for him to accept it.

"based on the above details of my son (I know it’s limited) would you have expected him to have been given an ehcp?"

Just repeating myself but you're looking for cause and effect between the strength of the case and the decision, and sometimes there just isn't any. . A friend of mine has a child who's been bedbound for years with long COVID and she got rejected too first time. She physically can't go to school or sit up for more than half an hour - of course she needs special provision to get her needs met! And she now has one.

Your question about the minutes is a good idea. It'll be interesting how they respond. Absolutely don't let them time waste while they keep you hanging on for this or the SaLT. Put your appeal in and don't bother with mediation - it's just another tactic they use to slow you down. Above friend went for mediation and LA failed to turn up 3 times.

I requested the panel meeting minutes via SAR and was told they aren't taken. Which I think is terrible tbh as that meeting does hold a lot of weight but it's obvious why they don't.

no one can believe my son was refused but honestly you will do your own head in trying to find a reason why. When in reality the LA refuse majority of kids even though it's obvious.
take some time to get your head round it, get your appeal in and start getting further evidence.

Personally, I wouldn’t bother with mediation. Get the certificate and submit to SENDIST.

You won’t be the first to ask the LA for minutes. That is something said to try to put you off. However, they may not exist or not exist in the form you expect. The ‘panel’ may not actually exist. It is sometimes something LAs use to hide behind. Even if they do, their note taking may have been poor/non-existent - something LAs have been criticised for before, including from the LGO.

Do you know though what you exactly want to be in the EHCP? Do you want for your ds to attend a special school, or do you want more support in mainstream, e.g. via 1:1? Does he need 1:1 in all lessons, and during breaks for social reasons? Does he need more SaLT? Or coaching how to make friends? Does he need a laptop and typing classes? Does he need access to a quiet space, sensory equipment? Even if you get an EHCP, the LA won't necessarily put everything/anything he needs in it, so when you get the EHCP, which you most likely will after appeal, you must check and ensure it has everything in he needs. As a parent you can edit the EHCP draft and push for and detail what you think he exactly needs. And if something is not exactly stated in the right section of the EHCP, you then can't enforce it. One reason the LA might refuse an EHCP is if the requests are too general, like 'needs support', without qualification and quantification, as this they will say every school and local offer needs to provide anyway.

The Ed psych report was really detailed (the senco said it’s one of the best most thorough ones she has seen). The clear message throughout is he will thrive in mainstream with the right support which aligns with what we want for him.

Id like for them to be able to deliver all of the interventions within the Ed psych report (about 5), plus 1:1 support for lessons which require high levels of verbal comprehension (English, history etc seem to be tough for him) and abstract thinking as these are areas he struggles in. I think he’s ok at play time, pe, art (even though he doesn’t like art really), maybe even maths (until it hits more abstract concepts) as he does really like maths.

It isn’t enough for the report to be detailed. It also needs to be specified and quantified.

You should check carefully. LA reports are often poor. Don’t rely on the SENCO to know what a watertight report for Tribunal looks like. Many do not.

An EP report which only includes 5 elements of special educational provision isn’t brilliant. Does the report detail, specify and quantify 1:1 provision? The refusal to issue appeal will only look at that issue, it won’t cover the content of an EHCP if the LA is ordered to issue, but provision in an EHCP is taken from evidence, so you would need evidence 1:1 is reasonably required.

You should also consider what other evidence you have and if you need independent assessments.

I don't believe that my LA actually read my child's paperwork at any point before drafting the EHCP. I am 99% sure they would have rejected the request whatever I'd written. SENDIST, by contrast, did read everything.

Hi I wanted to update as you all took the time to offer advise, and for anyone reading this thread in the future.

i decided to go to mediation, my school said two thirds of mediations within our school had been successful this year and our evidence pack was so strong they felt confident mediation would work. In the meantime we submitted a request for tier 3 funding to bridge the gap and give support for the first term of junior school (year3).

I had a call this morning to say the LA have reviewed and overturned their decision, no mediation or appeal required. Possibly because I accused them of not reading my child’s evidence pack 😂. Anyway so fingers crossed, we’re now waiting for the draft 🤞🏻🤞🏻🤞🏻

That's a good update, well done!

Congratulations @Tryingtohelp12 and well done!

Really kind of you to update us.

Brilliant news.