Ehcp request turned down

[Twinkletowedelephant]

My son has asd he has had a 121 funded by the school - he needs this support.

Without it he was a very angry sometimes violent little boy. With it he is doing very well academically socially he's lost.

Had a letter today stating he does not meet the criteria for assessment for an ehcp... And that his reliance on 121 suport should be reduced....

The last time his 121 support was reduced he stabbed 2 teachers with pencils at sat in the sensory tent growling for over an hour.

A few staff has refused to work with him previously.

So it seems because he's bright....he gets no help.... More so they want to take away the support he gets.

His school have been fantastic but are saying funding is a problem which is why they started the ehcp .... I suspect the school will appeal.

I also had another letter with an appointment for ADHD assessment..will this change things??

Anyone know what happens next??

His twin ( ADHD and prob asd) consultant insists he should have an ehcp ...school said absolutely no chance of getting it for him either.

Please appeal against this - the school can't do so, it has to be you. There should be some basic information about this in the letter telling the decision, and there's more on the Ipsea website here - see the Refusal to Assess pack.

The criteria for doing an assessment are whether the child has or may have special educational needs, and whether he may need special educational provision through an EHCP. It is in section 36(8) Children and Families Act 2014. It sounds as if your son very clearly fits those criteria. It's easy to appeal - an appeal against refusal to assess is now dealt with without a hearing, and in over 85% of cases the LA concedes or the parent wins.

Do appeal, there is a good chance the LA will back down and assess rather than push all the way over this as clearly there is evidence that he has issues. If you haven't already have a look at the SEN Code of Practice (available online if you google) as there are sections in there that set out the obligations of the local authority about when to assess. "9.3 A local authority must conduct an assessment of education, health and care needs when it considers that it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan."
In your case it seems you have good evidence that it MAY be necessary for special educational provision to me made.. and you use this to argue the case for them to assess in your appeal paperwork.

Our local authority refused to assess DD and told us and school she would not qualify for a statement (the old version of the EHCP). We appealed, they backed down and assessed her. They then refused to issue a statement after they had assessed her. We appealed, they backed down and issued a statement although it was very poor. We appealed the content of the statement and part way through the appeal in light of new evidence we then changed our appeal and appealed her placement as well. We went to tribunal at that point and our daughter was awarded a place at a specialist independant school that was for her absolutely the right move for her. She has been there a few years now but if we had taken the LA and school at their word at the start she could potentially still be struggling in mainstream, likely deeply unhappy and without appropriate support.

As said above, the test for doing an EHC Assessment is whether the child may have special educational needs, and whether he may benefit from an EHC Plan under section 36(8) Children and Families Act 2014.

This is a very low legal test so most people who appeal are granted an EHC Assessment.

To qualify for assessment you need to provide evidence for those 2 statements clearly highlighted in the application. Was your application as clear as your post here?

If you didn't make it, schools often concentrate on what they are spending rather than the needs of the child - which doesn't make the case properly.

Go to arbitration/dispute resolution and then appeal. Make sure you don't miss your dates. If you have good evidence you should be successful.

Appeal against "Refusal to Assess" is a paper based appeal since August 2016 and it should go through in 12 weeks which is a shorter period than previously.

Now - the evidence?

If he has a diagnosis of ASD this is evidence straight away that he has SEN. Google the 4 areas of need and list out his specific difficulties. It sounds like difficulties with emotional regulation would be high on that list!

The second part of the test is whether he may benefit from a Plan. I think you have good evidence that he needs support which will cost more than £6k in the form of the 1-2-1 assistant. What paperwork do you have which proves he attacked staff with a pencil? You need to produce this and show that since he has had a 1-2-1 that hasn't happened any more.

Good luck!!

Thanks for all your advice x