Help with EHCNA appeal

[Purplishmouse]

Our request for an ECHNA was denied as the LA say our child is meeting age related expectations.
They have a diagnosis of autism and an additional physical disability so really we think they should meet the legal test for an ECHNA.

They would benefit from 1:1 support in practical subjects, with specific areas such as handwriting, support with emotional regulation and social skills. There may be other interventions that would help that could be identified via an ECHNA.

We also feel it’s fairly likely that given their general intelligence levels, if they were given correct support, they would be exceeding age related expectations.
Something similar happened with our other child - school were not concerned as they were achieving averagely, but when assessed for dyslexia, the assessor found due to their IQ, they should be achieving at a higher level if supported correctly.

We have lodged an appeal regarding the EHCNA. Is there anything further we can do at this stage to support our case?
We have already submitted evidence of the disabilities and a 2 year old OT report. Should we obtain further reports as support?

The school were more involved last year when our child was causing disruption but now they are masking more at school (classic coke bottle effect) and are fairly compliant at school, school are not particularly interested and are not explicitly supporting our application. They do not always provide the reasonable adjustments currently listed in the SEN plan for our child.

TIA for any advice!

The test for an EHCNA is a) has or may have SEN, and b) may need special educational provision to be made via an EHCP. Proving DC has ASD and a physical disability only demonstrates the first part of the test. It is a relatively low bar, but proving DC has SEN on its own isn’t enough. You also need to prove the second part. You can do that in several ways, including showing without a needs assessment their needs and the provision they required aren’t fully understood.

If you haven’t already, submit SARs to the school, LA and any other agency/professional involved.

How good is the OT report?

Think about whether you need any independent assessments. Depending on what evidence you already have, this isn’t always necessary for a refusal to assess appeal, but you should consider if you need any.

Do you have evidence DS needs 1:1? And how is that worded? Because “would benefit from” is too woolly. It does not mean must receive.

Thank you, that is really helpful.
i think perhaps the wording in the documentation that I have is not strong enough to meet the test…

If you don’t think you have enough evidence right now, don’t panic. You have time to collate more. Remember, you don’t need to prove DC needs an EHCP, only that they may.

Most children would benefit from some 1:1 support. You need to prove that it’s required in order for the child to make progress and they won’t make progress without it.

Not for a refusal to assess appeal, you don’t.

Even for a refusal to issue appeal, it is possible to be successful without proving any 1:1 is required.

You wouldn’t get 1:1 detailed, specified and quantified in F without evidence it is reasonably required. Would benefit from wording would be too woolly. But it is sometimes possible to demonstrate 1:1 is reasonably required even if DC would make progress without.

I'll post a link to the support thread in case it's useful.

I used the guides on the IPSEA website for both my.tribunals.

www.mumsnet.com/talk/special_educational_needs/5309128-ehcp-support-thread-no-5?utm_campaign=thread&utm_medium=app_share

Yes, sorry, poorly expressed on my part. Agreed. I’m a senior SEND caseworker and EHCP writer too so I should know better! As we both know, it’s the 2 part legal test that counts when LAs decide whether or not to assess. But my point was that most children would benefit from (woolly phrase used deliberately here) some 1:1, certainly mine would. That’s not the same as having evidence that 1:1 support is needed.