LA refusal to issue EHCP

[Sunflower1650]

LA have refused to issue an EHCP for my 6 year old son following assessment on the basis that “all of the provision is section F can be met via what is ordinarily available in mainstream school”. My son has a diagnosis of autism and dyspraxia, also currently awaiting ADHD assessment. School have generally been good in providing him support - he currently does active hands weekly, nuture group daily, meet and greet before the gate by same member of staff daily (otherwise he’d run off), soft start daily and Lego therapy weekly. He also sits on a special bambach chair in the classroom for his posture and does most of his writing on a laptop. Despite this support he continues to struggle with school. He can’t cope at break times, struggles to make friends because he can’t understand social cues, is in a world of his own in the classroom and says he doesn’t know how to listen, is in complete sensory overload and shuts down. He struggles a lot with writing but other than that is doing fairly well academically. He is struggling a lot with EBSA, shuts himself in the bathroom and clings onto door frames before school. He cries every morning and melts down as soon as he gets home and injures himself by repeatedly scratching. He masks so heavily in school. He was assessed by an OT and Ed Psych. Both recommended quite a bit of 1:1 support for him. Despite this the LA think that school can provide what he needs without an EHCP. I am wanting to appeal this decision, I contacted mediation and said I just want the certificate and to straight to tribunal instead of trying mediation. I’m now wondering whether that was the wrong thing to do? Does this sound like I have a chance of being successful in appeal? Bearing in mind I’m not in a financial position at the moment to be contacting a solicitor and getting more private reports done. I feel so lost with it all.

Personally, I wouldn’t have bothered with mediation either.

It is often used as a delaying tactic. The LA can still concede if they wish to.

Look at your evidence. See what you have and what you need. Check the wording carefully. Consider submitting SARs to the LA, school and any other professional involved. If you need independent assessments and you aren’t eligible for legal aid, which can fund independent assessments where necessary, have a look at charity funding e.g. Parents in Need.

When a Local Authority refuses to issue an EHCP after assessment, parents normally have the right to appeal to the SEND Tribunal.

The tribunal looks at whether the child’s needs require provision that must be secured through an EHCP, rather than whether the school is currently managing with informal support.

It’s actually quite common for refusal-to-issue decisions to be overturned where professional evidence (for example from an educational psychologist or OT) already suggests the child requires more structured support.

If you already have reports recommending 1:1 provision, that can be important evidence in an appeal.

I tried mediation for refusal to issue, what a waste of time.
straight to appeal.
i obviously don't know your financial situation, but I was able to get legal aid which gave me a solicitor who were amazing and I got private reports via them.

It sounds like the LA are just delaying it all if reports are stating 1:1, they will be aware schools can't meet this without the funding.
Which is disgustong but sadly very common.

You might be able to get help with reports through a charity such as Parents in Need.

How many hours of support are being recommended, and have you asked the school to follow this recommendation? If they are telling you that they can’t afford to supply it, then basically that is the proof you need. Ask the LA whether they are saying the school wrong, and if so to spell out precisely what they say the school should be doing.

This is a really good point about asking the school what they can realistically fund.

In tribunal terms, that question often becomes:

Is this provision “ordinarily available”, or is it only happening because staff are going above and beyond?

If it’s the latter, that can be quite powerful evidence that an EHCP is required.