How am I supposed to make a decision?

[Aspieparent]

My 4 year old will be due to start school September 2018. He has development language disorder. He is also in 16 to 26 months for all development apart from self care which is in 8 to 20 months. He has Additional inclusion support at nursery. The nursery have applied for a educational physiologist but been rejected as he's making some pleasing progress however in the last caf they said he wasn't really progressing it's more one step forward 2 steps back. Me and dh have applied for a echp we have 2 weeks of the 6 week deadline left to see if they will assess.
We have visited mainstream school and the impression we are getting isn't great it's all we will do are best we will try. Both has asked about if we have thought about special needs and we have and we do believe it's what's best for him but without echp it isn't a option. I am so at a loss as to what school to apply for or what else we can do.

[Hurricane74]

Not sure when we will hear, I need to check so I am ready to chase. Think it was 6 or ten weeks from sending the request in to getting a decision on whether to assess. It’s only been five so far. What part of he country are you in?

[MonochromeUnicorn]

When will you hear hurricane?
We found out DS will be discussed at panel next week so we should find out soon. Feeling horribly pessimisstic ATM. Looking round schools (mainstream) and not feeling massively impressed with any of them for DS. They're all so big, especially early years where they tend to mix either nursery and reception classes or 2 receptions classes for at least part of the day. 60 little kids in one room, madness!

[Hurricane74]

Just wanted to send support and say we are also in some boat. Have applied for EHC Assessment and waiting to hear at moment. We are looking at mainstream schools and schools with autism DSP. Will have a look at SS next. I just can’t see my DS (whose speech is entirely in single words only to very familiar people when highly motivated) settling at mainstream school right now. But would prefer to give it a try first.

[Allthewaves]

Iv had to fight every step of the way and Lea didn't keep to the expected timeline. Got them to agree to assess then got to 18 wks and no provisional statement (we still have statements as not England). Only after making official complaint did I receive the provisional then it was rubbish and asked them to make 10 pages of amendments. This lead to 4 hour meeting of negotiations about what they would include in assessment and most importantly for my dc stated clearly word for word he got 20 hours of one to one support in mainstream - it's legally binding. Our Lea fobs parents off with a wooly statement that is not legally inforcable if they can get away with it.

[Aspieparent]

Dh spoke to send today they said they never received the request and gave him a email address to send it to. Spoke to son's senco and she confirmed that the original address is the correct address and the one they have dh is wrong.

[StarlightMcKenzee]

'in our area you aren't allowed to re-apply for 6 months after a request has been refused, but you can appeal'

The law states that you can reapply from the day after refusal. You don't have to wait for 6 months. The law applies equally to all Local Authorities.

[Aspieparent]

I ment I am now panicking not that I am not.

[Ceto]

But reapplying is 6 weeks, so what’s the advantage of appealing?

Because if they say no again, you've lost 6 weeks. As Starlight says, LAs are currently rejecting requests to assess on almost a routine basis. Also many LAs don't seem to understand what the legal test for assessment is, whereas that's the starting point for the tribunal.

[Aspieparent]

I sent in a parental assessment request form and a all about me page profile. I was sent it by sendias with the email address to send it to.
I am not panicking that they have either ignored it or haven't got it.

[MonochromeUnicorn]

I'm in almost the exact same position.

My DS has ASD, receptive/expressive language disorder and is at 16-26 months for most of EYFS. We have to apply for his place by the end of the year.

We have put in a request to access for an EHCP and are waiting to hear. We will definitely appeal if they refuse. In our area you aren't allowed to re-apply for 6 months after a request has been refused, but you can appeal (not sure if this is the same anywhere else).

You should have received confirmation that they have received your request, so definitely chase this up. I applied via email and received a reply with attached standard letter and parent's view form. Also find out if there are any independent supporters in your area to help you through the process.

[notgivingin789]

Appeal OP. I would also look around for speech and language units attached to a mainstream school... if there's none in the area, look into your next neighbouring borough. If that fails...independent specialist speech and language schools

[Aspieparent]

I believe they are making it more and more hardwork from what I have heard. I spoke to ispea they told me the chances of them agreeing to asses are really low. Even though he will definately need it for school because nursery say he's ok at the moment they likely won't asses. He told me his development trackers mean nothing unless I have a report that says the words he has significant delay. Also told me that the only other way I could try would be to prove nursery aren't doing what they need to support him. I gathered up all the reports I and nursery have and caf notes and sent them. I have to at least try and I certainly won't give up.

[Aspieparent]

We are also currently doing a transfer from statement with our 13 year old. All evidence in and waiting to hear now. From what his school said they are currently prioritising children in year 9 and year 11.

[StarlightMcKenzee]

They can do it in 6 weeks even if you appeal (and actually at that point in 1 week if they wanted), - but by appealing you are almost guaranteeing that they'll do it by 12 weeks regardless of what they do or don't do before then.

The odds of they agreeing on re-application are minimal. It's a postcode lottery and will depend on your LA, but currently the Government have threatened sanctions for any LAs who haven't transferred all Statements over to EHCPs by April Fools Day, and that means hardly any (probably none) LAs will agree to assess for a new ECHP regardless of evidence.

[Aspieparent]

It think with an appeal it has to be looked at by people higher up. I think the idea of appeal is for the tribunal it makes it more legal.

I sent the request via email am I likely to get a response via email or letter?

[StarlightMcKenzee]

If you've applied for an assessment for an EHCP, and the LA refuse to do it, then you can appeal, but you'll have to wait for a tribnal date which you will be given.

At any point from then on, the LA can concede and agree to assess. You can even put in more evidence at any point up to the tribunal date.

What the tribunal date gives you, is a safety catch.

[StarlightMcKenzee]

Because if you are appealing, the LA can assess at any time, - but are most likely forced to by week 12 if they haven't seen sense before.

[Ceto]

12 weeks, unless the LA concedes first - which they regularly do.