What are my next steps if IPRA is rejected?

[summ3rs]

Hello there. My son has various sensory needs and a speech delay. Life has been very tricky for us to access any support for him. He’s had 4 speech and language sessions which have been pretty hopeless, had reports go missing (which should have been written about his needs) been refused support for OT and this year had his ECHP rejected (as nursery forgot to submit some categories) and also his IPRA rejected. He is one year into an apparent two year waiting list for ADOS assessment. He is extremely sensory seeking (which was identified in a private assessment we had done by an OT this February) and certainly needs lots of support. I’m writing this in tears as I feel everywhere we turn to get him support, doors are constantly slammed in our face. He’s a dear, caring and very loving little boy but his speech delay has made it tricky for him to build friendships. Last Sunday, he sat on the stairs and cried his heart out he had no friends. Broke my heart. His new school have been fantastic and I’m waiting to hear next week if our appeal for him to have IPRA funding has been approved. So my question is (apart from who will hold my hand) what options do I have left if this appeal is rejected? Thanks xx
Ps apologies if you read this on another section, I posted in the wrong section (I think).

Was it refusal to assess or issue an EHCP?

Did you appeal? If not, and you are still within the time limits where you can do appeal. Many LAs refuse initially but then concede or are ordered to.

If you are out of time and it was refusal to assess then reapply.

If you are out of time and it was refusal to issue was it more than 6 months ago? Unfortunately, you don't have a right of appeal if the LA has carried out on EHCNA in the previous 6 months.

The school should still provide SEN support eve without IPRA funding, but the only way to secure DS receives all the provision he needs is via an EHCP.

The paperwork for the ECHP was sent off in Feb and we found out in June that my son had been refused an ECHP due to lack of evidence (and some sections missing). I was advised to go straight for IPRA as even if we appealed, he wouldn’t get the support come September and he would with IPRA. Also, we couldn’t provide the additional evidence as he hadn’t been at nursery since March plus the nursery SENCO wasn’t there anymore. After speaking to SENCO at his new school, the school applied for the IPRA funding (which was also rejected). We’ve since appealed this and waiting to hear. Will will decide come September what to do about the ECHP. So my question is, due to the utter lack of support from the agencies apart from 4 speech therapy sessions, what can we do if the IPRA appeal is rejected again. X

Who gave you that advice?

The nursery records will still be there even if the SENCO has left. You could submit a SAR request to both the nursery and the LA.

From a school POV there isn't anything you can do if the IPRA appeal is rejected, unless it hasn't been conducted properly. You would be reliant on trying to get the school to provide as much support as they can, but it is unlikely be at the level of IPRA and certainly not the same as provision an EHCP.

You should reapply for an EHCP. The legal threshold is has or may have SEN and may need SEN provision via an EHCP. If the school have applied for IPRA he meets that test. If a needs assessment wasn't carried out you should reapply ASAP, don't wait until September. If one was, reapply the day after 6 months.

The EHCP should be your focus not IPRA.

Why has he only had 4 SALT sessions? Can you challenge this? Also, with an EHCP SaLT sessions can be in there. That would ensure he received adequate SALT. As can OT.

Speaking to IPSEA or SOSSEN would be a good idea.

Thanks for your help. I appreciate it. The nursery has no Senco atm and my son hasn’t been there for the keyworker to provide the additional evidence that they wanted (as he’d have to be observed against certain targets etc that weren’t done).
After speaking to a lady from the council and the school Senco it was decided to go down IPRA route as we were certain he’d get it. Looks like the panel have massively moved the bar for this year though. The school will look at appealing the ECHP once they have met him (as they would be filling in the missing gaps in the paperwork).

I self referred him to Salt at 18 months. Got told too young etc but he was finally seen year after. Had a few visits in nursery then we got offered 4 sessions. The lady never completed final report (she’s now left too). I phoned up and complained in May about the utter lack of support and got told they would look into it but no one couple do anything atm due to COVID-19. We filled in a form and sent to Provide for OT but their response was he doesn’t meet their criteria. We got desperate and paid a fortune for private OT report. Just about to start sessions when Lockdown happened. So one big frustration which is why I wondered if there is an official body I can complain too if IPRA has again been rejected

*could not couple 🙈

Not sure what SAR, IPSEA or SOSSEN are so off to google.

The LA will tell you what they want you to know, not what is best for DS and what is the law.

The school can't appeal the EHCP. Only parents can appeal and it has to be within 2 months of the refusal letter/1 month of the mediation certificate.

You need to reapply ASAP. This should be the route you go down. You could complain to the LA, and escalate up their complaints procedure, but really it's best you focus on getting an EHCP.

You can complain to PALS about SALT provision, but you are unlikely to get far if the main complaint is lack of sessions during the pandemic. The same for OT, but be aware sensory OT assessments aren't available on the NHS in all areas.

IPSEA and SOSSEN are charities.
SAR is subject access request.

I didn’t know that about only parents appealing. I’ll dig out the letter and check
the date as I was led to believe that the school would be able to appeal. I’ll certainly look into the other routes too! I wonder how many other parents have been fobbed off as they don’t know how the system works. 😢

Can the school start the ECHP process again out of interest (adding their own evidence?)

Sorry I have just realised I missed you said you got the refusal in June. In which case you can still appeal. So where I have put you should reapply in my previous 2 posts you should instead appeal. You will still be within the time limit.

Tribunals for children are brought in their parents name. Schools can apply for an EHCNA though. But you shouldn't do this, since you are still within the time limits you should appeal the refusal you've already got. Otherwise DS will go longer without support.

Don't bother with mediation, just get the certificate. LAs use it as a delaying tactic and if they are going I concede they will anyway.

Many, many parents get fobbed off. That is what the LA rely on. So many parents aren't aware of the LAs' statutory duties or for whatever reason can't challenge them. Unfortunately those with parents who can navigate the system get the best support.

brokengreenbottles has given you brilliant advice.
My LA are beasts for refusing EHCNA, signposting instead to IPRA funding then turning that down too. It's not you, it's them but do look at IPSEA and SOS!SEN websites to get informed on the process.

Don't let them distract you by saying give it a couple of terms, or they don't accept independent reports, just carry on your appeal.

Thanks so much for all your help everyone. Yes. I’ve been told they don’t accept independent assessment and also to give it a few terms. 😢 My little man will get one chance to start school and he’s already missed all the usual inductions etc due to the pandemic (as have the rest of his class). It really makes me sad that it’s such a battle. Xx

It's crap btw, the SEND Operations Partner said the LA would commission their own report to challenge mine. They did no such thing and the tribunal manager agreed some of the OT straight off the bat. And they actually have a service contract with Provide so this is no cost!

Honestly the tribunal won't care that it's an independent report and I'm sure that's got ample enough evidence the he meets the requirements for the EHCNA.

Its not you, it's them

Oh yes, don't let anyone tell you otherwise.

Ignore the eye rolling, sighing, "that's not how we do things here", the evading your calls/emails. Don't be afraid to be "that parent." That is exactly what you need to be. No one else is going to advocate for DS like you will.

The LA must consider independent reports. That doesn't mean they actually will or that they won't 'consider' but ignore. Don't let them get away with unlawful practices.

Thank you for all the support the other day. My sons IPRA was refused again, this time the reason being that he is working within 30-50 months in most areas! We’ve got a way forward, online meeting now ( no date yet). Also been implied that lots of children will need support due to COVID and that the school will meet his needs along with the others. I am livid. Surely this should be more reason to get extra funding as those poor teachers and support staff are going to be stretched beyond all measures. They have obviously not read all the assessment and observations that have been submitted stating his emotional needs, sensory processing issues, huge speech delay etc. Does it really all boil down to the Development matters assessment or are they once again fobbing us off? I’m going to contact the support groups mentioned on Monday but wondering if any of you knowledgeable people have got anything I can argue in regards to the assessment? He is way below where he should be in regards to Social and emotional well being and speech and language. Thanks again xx

I'm sorry your IPRA appeal was unsuccessful.

The LA have shown there is little point negotiating with them, just appeal the EHCP refusal.

Don't allow them to distract you with the IPRA stuff, check your paperwork for the EHCNA and make sure you get your mediation certificate and appeal lodged in time.

I'm afraid some LAs put more effort into distracting and delaying strategies than anything else.