EHCP parental application feeling really deflated :(

[McFarts]

Sent off my parental request a couple of weeks ago for my 6yo DS. He has ASD, a hearing impairment and attention difficulties (possible ADHD).

He attends a small village MS primary school with a SNs units. He's in Y1 and is still working on P scales his maths, reading and writing. He's had access to our schools unit for over 12 months, for literacy and in the classroom he is in a small group with the children who have a place in our schools IR unit. So lots of support is already in place for him. His school is fabulous, very experience and inclusive. Despite the support they have given him DS has made very little progress. His behaviour in school whilst occasionally challenging is MUCH better than at home, he's a bottle it up for home type.

I spent many weeks doing our application and completing the parental evidence forms, since sending it i have of course been feeling like a nervous wreak, but quite positive. Till yesterday when i had a chat with one the parents at our school summer fayre. She works in the SEN department at our LEA. She said that basically because DS hasn't yet seen the educational psychologist we have no chance of the LEA agreeing to assess at all . School have been in contact with EP and have spoke informally with her regarding DS (she in our school lots because of the high % of children with SNs in our school) but they have not bothered to do a formal referral. Of course like most schools their SNs budget isnt a bottomless pit so i assume this is why to date they've not referred him. School speaking to the EP has been confirmed by the EP in the the paperwork she has be requested to provide the LEA she says they spoke to her in November (when they asked her for a referral form), December of last year and February and April of this year.

I feel defeated before ive even had the LEAs response. The other school Mum mentioned that our LEA offer mediation if they refuse to assess and this has to be done before appeal, and that they are now offering something called My plan, they use this over a prolonged period prior to considering an EHCP in some cases, she said these work well but by that point of our conversation my mind had gone blank, so i didn't fully understand what she was on about.

I know i need to just sit tight, but if anyone could offer their thoughts and experience id be very grateful.

Thanks for replying pottergoose I hadn't thought of it that way. I think she thought she was doing me a favour in preparing me, I don't think she meant to be malicious or anything. I will add that her son also has SNs but I don't see her very often as her DS comes to school on SEN transport.

Poltergoose!!

avoid the 'my plan;' like the plague - totally and utterly unenforceable - think note in lieu under the old system - once on it you will be stuck on it forever

Thanks bjkmummy. Has anyone any thoughts on LEAs refusal to assess based on no official EP involvement? its this part that's really worrying me, it's like we as parents are totally at the mercy of schools having the ££££s to provide every student with SNs an EP assessment. God knows who long we'd have been waiting if I'd hung around for that.

I got a statement then EHCP for my son after he'd been home educated for four years, no professional input at all (NHS ditched us), including EP. The LA should involve the EP to assess, including determining whether a full statutory assessment should go ahead.

Have you read the SEN COP 2014 ? Section 9 is about EHCPs. It might be useful for you to know the process.

She said that basically because DS hasn't yet seen the educational psychologist we have no chance of the LEA agreeing to assess at all sad

This is complete bollocks as far as the law goes.

It may be the LA policy but that is totally irrelevant.

because OBVIOUSLY the whole point of asking the LA to do an assessment is because they have not ALREADY DONE ONE.

So you should get on with asking for an assessment and if they refuse for some internal policy reason (or any other nonsense that hey cite) then APPEAL.

The law says they should consider each child individually, and applying a blanket policy is good evidence that they have not - so that is the silver lining.

So looking at this on the bright side, you are doing the right thing AND you have some insight into a way to win against the LA - namely get an foi and ask what their policy is for agreeing to assess children who have not been referred to an EP.

Good Luck

They do think up these dodgy policies, my LA has a set of criteria for whether or not to assess a child with ASD, which sounds really professional when you read it, but is unlawful as a decision should be made purely on the individual child's needs.

Unfortunately a lot of them do seem to turn down applications with blanket statements such as "we believe their needs can be met by the school's existing provisions" but it sounds as though you have plenty of evidence that this is not the case. A friend of mine had a refusal to assess overturned fairly easily via mediation recently, so don't give up hope.

It's so bloody frustrating though, one of the reasons I started on this path was because school didn't have the budget for an EP referral for DS.

It is possible she was just trying to gently warn you that it was going to be hard, but she really shouldn't be getting involved at all. Depending how high up she is, once you do get into the assessment process it might be worth asking for her not to be involved in your DS's case as she has prior knowledge of him and his situation. We did this with a case officer who knows DS and I socially, I did not want any accusations of favouritism, or for her to be sub-consciously thinking "well he seems ok when I see him".

Thank you so much! feel so much more positive and better informed!.

At least if the do refused to assess because the EP isnt involvement, i now know which angle i need to fight back with. So yes indeed there is a silver lining sunvet

Think i may see about her not being involved with our case, i dont think or a second she would hinder anything at all, but im sure she would choose not to be involved anyway, i know i would in her shoes. She's a lovely woman and has battled the LEA herself, before she worked there.

This is very interesting to me because we have been given the same reason for being turned down - namely that Ds2's EP report is out of date (it is only Oct 13) and the Parent Partnership told me I should immediately get a new EP report to refute this aspect of "refusal".

I feel it is very odd that I should have to fund a new EP report before they even consider our request - surely the whole point is that they the LA are meant to be doing the assessment not me.

Is there some point of law where I could challenge them on this and say - the data only a 18 months ago says this about his SPLD/cognitive skills - why is that not evidence that he should be assessed by the LA? Ditto asking me to provide a OT report privately? Why would that be my responsibility

I can do it. I will do it. But why legally should I do it? I'm just interested what the point of law is.

There is a legal test for whether a child should be assessed and it is something like, A child should be assessed if he may have SEN or need special educational provision.

The law always trumps LA policy as we reminded our LA in tribunal on friday!! They loved that

Agree with a look at the IPSEA website.

Good luck

Swanhildapirouetting No that doesn't sound right in the slightest I would take the advice i have been given here and call IPSEA.

Ineedmorepatience Yes i have just been reading the relevant section on the SEN code of practise, that streakybacon kindly linked.

All the very best with your tribunal

Ds2's EP report is out of date (it is only Oct 13)

Most EP assessments, ie the tests they do to create a report, last a year.

There are a few SALT tests-for-assessments which can safely be re-administered after 6 months without producing a false positive - but an EP report would typically be 12 months.

Press on and work on the basis that most of the reasons given to refuse to assess are going to be wrong/

If the LA has a blanket policy that they will not do an assessment until an EP has seen a child, that is illegal. If they tell you that that is the case, it could be worth calling a solicitor specialising in education and with a legal aid franchise as it may be that it could be challenged through the courts. The same applies to insistence on a so-called "My Plan" first.

Also the other mother is completely wrong in saying you have to go through mediation before you can appeal to the tribunal. All you have to do is to talk to a mediation advisor - i.e. someone who can tell you about mediation to enable you to decide whether you want to go to mediation or not. You're perfectly entitled to say no and you can then carry on with a tribunal appeal.

Some useful background reading for you on this "My Plan" bullshit

The only reason for turning down a request is that the LA already knows what all your child's needs are and is satisfied the school can meet them in full from their own resources. Nothing to do with EP (and most LA EP services have been cut so you could be waiting months)
Agree ignore local policies and just look at law and SENCOP (IPSEA have links).
Any refusal immediately appeal as often then back down and do the assessment & if not 90% or something of parents win.
Also once you appeal the burden of proof shifts from you proving your child probably does have SEN needing EHCP to LA providing your child doesn't have needs that require EHCP - they will have to get EP evidence to defend a tribunal.
Often applying and appealing is an excellent way of getting EP to come in sooner than would otherwise!
We didn't see EP until after had agreed to assess - if they need EP advice thats a reason to do an assessment not a reason to refuse one!

Agnes While you are there have you seen this? (sorry for hijack)

OP Surely if the EP had assessed then there would be no reason to assess.

The whole point of the request is to request an assessment.