Those sadly refused EHCP - at what point did you get refused?

[Blossom4538]

Hi all,

As per title really! We are going through application with DD 😬🙈

Thanks!

With my son the LA refused to assess. I appealed and the LA conceded at the last moment. He now has an EHCP.

With my nephews the LA (same one) refused to assess, we appealed and the Tribunal ordered the LA to assess which they did half heartedly and then refused to issue EHCPs. We have a tribunal date next month. Feeling quite hopeful of victory but fear we may have to appeal again re contents. It's over a year since my sister applied but we keep on fighting.

Good luck!

Thank you, this is really helpful.

Good luck with the appeal!

They assessed but then refused to issue a Plan. We appealed and they backed down 3 days before the hearing, having submitted no evidence at all, and getting themselves barred from the hearing as they did not prepare the bundle.

They then refused to name the college our son wanted. We appealed again and they backed down when they found out that his preferred college was cheaper than the one they had named!

It took 71.5 weeks in total.

A lot of LAs refuse to assess as a matter of course, then back down when parents appeal.

We were refused an assessment, appealed, said we didn’t want mediation and the LA withdrew their refusal the day they were due to submit evidence for the appeal. Mainly because they did not have a case at all. They then did the assessment and agreed a move to a private specialist school, showing how ridiculous their initial refusal to assess was.

The process is a complete shambles. Always appeal.

The LA has to make an initial decision whether it is going to assess within 6 weeks of the date of receipt of your request. If it decides to assess but subsequently decides not to issue, it must tell you within 16 weeks of the original date. If it decides to issue an EHCP, it must do so within 20 weeks of the original date.