Appealing decision not to issue an ECHP - what do I need?

[BM890]

During the last half term of Year 6 DS had a needs assessment carried out. The main crux of this was an EP assessment. He had already been diagnosed as having ASD and Dyslexia via a private assessment in year 4. The report came back detailing a number of interventions that were specific and quantified.

We have heard back that the panel decided to not issue an ECHP and feel that his mental health and support required is within school adaptations and CAHMS service. We disagree and have a meeting with school at the end of Nov to discuss and until mid December to submit the appeal (and getting the mediation certificate before that of course).

He is now in secondary and within the first half term his attendance is down to 92%. He is refusing to go to school at least one day a week. He is finding a new setting interesting and exciting but also overwhelming. The Coke bottle effect at home is live and kicking in more ways than one and affecting us as a family and his siblings. He can also be controlling and ‘opts out’ of lessons or assessments he doesn’t like by refusing to go to school on those days or saying he is not feeling well.

As we learnt in primary when his needs are met at school, home life is a lot calmer and he is happier but we are also very aware that a new setting brings different feelings, rules and anxieties to the fore. We are worried about the escalation of his anxiety and the fact that he had been temporarily excluded in Y6 due to hurting other children. We don’t want this happening again. School are keeping an eye on him during transition but we now need a plan of support to make sure he gets the help he needs and adaptations which we will discuss in late November.

It is the right school for him. Good facilities including sport which he really enjoys and a relaxed uniform policy which is a huge win as he hates anyone telling him what to wear. However, like all schools the SEN dept will have its limitations without the extra mandate from an ECHP.

What do we need to include in terms of further evidence with our appeal? I was thinking of a report from school in terms of what they can and can’t provide, his progress in the new setting (he has already been highlighted as needing extra support in some areas by subject teachers) and getting a private OT assessment for him.

Any advice/thoughts?

You need to show it is necessary for an EHCP to be issued. Some people can do that without any additional evidence. Others need more. It isn’t possible to say which category you fall into without knowing the case.

Make SARs to the primary school, secondary school, LA and any other agency involved.

If you look at an independent OT assessment, make sure you use someone who has experience of writing reports for SENDIST. Also, make sure they can comment on the sensory side of things. If money is no object, I would also look at an independent SALT assessment. Although you may have enough without both of these.

I would re look at the EP report, making sure it is as good as you think it is. Unfortunately, LA reports are often vague and woolly and many don’t realise at first. Look for wording such as “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”…

If you appeal, a statement from the school should be included in the LA’s response. Information from the school can help but isn’t always forthcoming and isn’t always supportive, but don’t worry about that.

Follow up all verbal conservations with emails so you have a paper trail.

Thanks. What would SARS provide that has not already been provided by the school?

What support identified by the needs assessment requires an EHCP for it to be delivered? That is the test you are looking at? It appears that you have decided that an EHCP is required and now are seeking assessments to support that position, rather than assessments identifying the needs and informing the provision.

It can provide things like emails between school staff or bet tween school and the LA, LA and professionals. It might highlight evidence the LA received from the school that you aren’t aware of. It can provide notes professionals involved have made.

It isn’t uncommon to seek further evidence, including independent assessments, when appealing. The advice and information LAs seek during EHCNAs is often lacking. When deciding if it is necessary for an EHCP to be issued, SENDIST will consider all evidence, not just that sought by the LA during the EHCNA.