Application for Appeal

[Custardslice3]

Hi. So I'm just filling in the for to apply to appeal my son's EHCP and am feeling really anxious about how to fill some of it in and whether I have all of the information that I need! I'd be grateful for some reassurance from others who have been here (or a kick in the right direction if I need to do more). I'm cutting it a bit fine as the date on my mediation certificate means I need to have sent off the appeal paperwork by this time next week. I meant to get it all together earlier, but the holidays and lack of child free time got in the way.

Anyway, some specific questions:

How much detail do I need to give in Section 3: Reasons for Appeal?
(basically I am appealing because the LA have set up a fabulous bespoke programme for my son, but it is not written into his EHCP and I need them to put it in writing so they can't just withdraw the funding on a whim. I've been told that I can ask for them to name a dual placement in section I, so am appealing that, but IPSEA have advised I should appeal B/F also - I'm just not sure how to fill in the forms about that as I'm not sure what I want changing/adding esp to section B)

What paperwork/reports should I send?
(The form says send everything in section K of EHCP - this just lists the original EHCP, previous 2 EHCP annual review documents, and something it refers to as 'placement' - I don't know what this is. Should I also be sending reports e.g. MDA, OT, CAMHS etc? Or do I send those at a later date if it goes to tribunal?)

Mostly I just want to scream AAAAAARRRGH! I fought so hard for the past year to get this bespoke package in place, and now my son is doing really well with the right provision - but I have to keep on fighting to make sure they don't just whisk it away!

I'd appreciate any advice people can give, thanks!

Have you talked to IPSEA? They helped us get started on our EHCP appeal (though we then engaged a solicitor).
Also, it seems really odd that the LEA have put this into place but not put it on the ECHP (normally it's the other way round, they say they'll provide something and then don't!). What do they say when you ask why it isn't on there?

@drspouse yes, I had a phone slot with IPSEA at the start of the Easter holiday. To be honest they didn't really tell me much that I didn't already know, although they did check a couple of things for me (such as the LA telling me that the farm can't be named in section I) and emailed me later on with some answers they had found out. They said they always recommend appealling B as well as F, but the half hour slot wasn't really long enough to press them on what I should say on the form!

I've been asking the LA to put the farm on the EHCP for a year now. The caseworker has told me it can't be done and just repeats this every time I bring it up, or ignores my emails! The LA person who deals with EOTAS is the one who has helped to get the LA to agree to fund the placement and when I told her a month ago that it wasn't on his EHCP she expressed disbelief and has been talking to the caseworker saying of course it needs to be on there, but even then the wording she suggests is things like 'Up to 2.5 days at the farm' as they want to be able to reduce the days there as quickly as possible (the plan is to decrease farm and increase school as/when DS is able to tolerate more time in school - but school and I anticipate this to be over a period of years, not in a few months time). I'm appealing because even though they are now saying they will write it in, I have no guarantee that they will, or that if they do it will be worded in a way that is legally binding.

I think I would try and be straightforward (say everything once but not more than once).
Tribunal is good at concentrating the LEA's minds, we found. So they said "we can't offer this" but found they magically could.

SOS!SEN have a webinar tomorrow about drafting a response to an appeal. It costs £10 but I believe you can submit questions before it and their solicitor will try and answer. And you can access the webinar as a recording after the event

I'm having trouble linking but it's on their Facebook page

www.facebook.com/260229284113396/posts/2172229556246683/

Sorry that should be
Drafting reasons for appeal!

Are you happy that every need is clear in B?
For F you need to check it is specific and detailed enough an ideally quantified and that there is an F for each need. You say they want to reduce farm time rapidly but that wont work for your chilf - ' so for your security maybe the quantifying should include review timescales and what criteria and who is involved. So start with not less than x hours.

@Custardslice3

We've had to appeal 3 times, but as our son was over 18 he qualified for Legal Aid and the solicitor filled in all the paperwork. In section 3 for the last one, he wrote "See attached reasons for appeal" and then submitted 9 sides of A4 (He submitted 16 pages for our first appeal but that was an appeal for a EHCP and was more complex) so I guess it depends on how much evidence there is, as it obviously all needs to be in there.

Each paragraph was numbered and double spaced so I presume this is either the format the Tribunal asks for, or the way solicitors do things.

Solicitors always advise appealing Sections B and F as well as Section I.

What exactly is the provision that your child gets at the farm and who recommended that this was what was needed? More importantly do you have this in writing from a professional? Whatever the provision is at the farm needs to be in Section F. And the needs it meets should be in Section B.

Section K in our son's plan listed all the documents from the EHCNA and all the reports from AR meetings, so basically all the paperwork that had ever been generated in relation to the plan.

Have the needs and provision specified in the reports from OT, CAMHS etc you are referring to been transferred into the plan? If not they should form part of your appeal for Sections B and F.

Have you seen the IPSEA advice pages on appeals?
www.ipsea.org.uk/general-advice-for-all-appeals

@ArianaDumbledore Thank you - that looks really useful! I've just registered and if I can get DS off to bed promptly tomorrow I might manage to catch some of it live.

@MildredPuppy I'm pretty happy with section B - I wrote it! Basically the original EHCP (18 months ago) was incoherent and inaccurate and after asking the LA to sort it out for a year I ended up completely rewriting it myself and sending it to them, and they agreed to change it to my version. That doesn't mean it's perfect as I'm no expert on writing EHCPs, but I am an expert on my son and it reflects his needs pretty well.

@Ellie56 I'm a bit terrified now at the idea of 9 pages of A4! The box on the form is tiny so I assumed I only needed to write a small amount and that more detail would be needed at a later stage in the process.

Re the farm, no one recommended it. Basically my son couldn't cope in school in EY, completely overwhelmed and consequently violent, so ended up on a part timetable doing 4 mornings. I agreed to this as being in his best interests, but did research into options locally, found the care farm, and convinced the school/LA that it was the right place for him. A year later he's increased from initially doing 1.5 days there, to doing 2.5, and it is obvious to everyone involved with him that it is the ideal setting for him and meeting his needs. But it means I don't really have a professional or reports recommending it.

But the LA agree with me that it's the right provision for him (the only suitable provision within a reasonable distance), they just haven't written it into the EHCP!

The needs identified in reports are in section B. I'm not sure that any of the professionals involved have really specified provisions in their reports that are worth transferring to the EHCP - they all seem quite woolly and non committal. I appreciate that in itself is an issue, but many of these are now old reports and I didn't know at the time to question that.

Yes, I've read the IPSEA pages and spoken with them for advice.

I've just been rereading the IPSEA pages about how to submit an appeal and think I've just been burying my head in the sand a bit because I don't have the brain capacity to get all of this straight at the moment (there are various other things happening at the moment including fighting to get the disability team to assess my son's needs). I can see I need to get my head into gear and get into essay writing mode and go through it all with a fine tooth comb to write up everything that needs changing. I'd just rather switch off and watch some crappy tv and go to bed! I know that if I spend my evening doing this then I won't sleep tonight.

@Custardslice3

I know exactly how you feel. You feel so stressed that your brain won't go into gear and put your thoughts into words.

What's the date on your mediation certificate and the date on your letter from the LA that came with the final EHCP?

Its a hellish process. We just filled out ours eith the ispea guide open as the call back we could get was after the deadline. I dont know if we got it right or not though to offer advice.
I just painstakingly went through the ehcp finding every need, provision and referencing which professional report indicated the need or provision. All numbered. We did it on a seperate a4 page.

We didnt actually have a lot of points. Just that two key elements of the ehcp which were key to supporting him and tricky to deliver.

for your security maybe the quantifying should include review timescales and what criteria and who is involved. So start with not less than x hours.

This seems very good advice.

Does B contain a clear description that he was unable to cope with more than x hours of MS, and description of his progress at the care farm and his increase from 1.5 to 2.5 days?

Will the care farm write a nice specific letter in support of your appeal to provide evidence of his needs which they are observing and to recommend a timeframe for reviewing or reducing his hours there?

Oof. Well, I've managed to get my head into gear and have started writing it all up. I've got tomorrow with him at the farm, so am switching my brain off for the evening and will pick it up in the morning. Feeling a bit less daunted by it, and more confident that I can do this. Thank you all for your support and advice!

@Ellie56 the date on the mediation cert is 29/3, so I have until next Thursday to send the appeal paperwork in. The LA letter was 22/2, so the two months would have been today.

@MildredPuppy Thanks - that's basically what I'm doing now. I think I just got my knickers in a bit of a twist!

@ClocksGoBack
Does B contain a clear description that he was unable to cope with more than x hours of MS, and description of his progress at the care farm and his increase from 1.5 to 2.5 days?
No - I didn't think that was the type of thing that went in B?! On the EHCP B is split into the 5 sections (C&I etc) and each one lists strengths and needs. Not sure where that would go? The AR paperwork from previous school includes a lengthy section from them about how he couldn't cope and how differently he presented when they visited him at the farm, so I've referred to that in my appeal application, and copied in their sentence 'DS needs unique, individualised, bespoke provision' to be added to section B.

Good idea about a letter from the care farm. They were doing weekly reports at one point (when he was on roll, but not attending, an SEN school and they asked for them) so I'll trawl through those tomorrow but I'm sure they would write something specifically for this also. I'll also contact his OT tomorrow and ask if she could write a letter to support the appeal. She's doing a new assessment, including visiting him at the farm next week, but that won't be done in time for my deadline to send this off!

Right - trashy TV, cup of tea, and a creme egg are waiting for me

Sorry if I got it wrong, maybe that doesn't go in B! Hopefully someone with more experience than me can advise, sorry if that was a red herring. The reports from previous school snd updates from care farm sound like good evidence.

I'm not sure (again others may know better) but think I've read that although you have to send the appeal form in by the deadly, you can send supporting paperwork afterwards if needs be

DS needs unique, individualised, bespoke provision' is provision so should be in section F but it is too vague and woolly as it is open to interpretation and could mean anything. What does that actually look like?

She's doing a new assessment, including visiting him at the farm next week, but that won't be done in time for my deadline to send this off!

That sounds promising. You can say when you register the appeal that there will be further evidence to come, and send it at a later date.

SOS SEN also did a useful webinar a couple of weeks ago about the appeal process generally, and it's still available online.

Include ALL recent professional reports and you need to number them in a list as explained in the appeal document. I also wrote a case statement with any relevant case law. Ipsea website was an amazing help. Good luck.

Thank you all for your input and advice. I'm on the final leg now - I've written what I want to say, and am just gathering all the evidence into the table on the form ready to send it off.

Final question - what should I be putting for Section 9: Paper Hearing? Should I agree to the appeal being determined based on written evidence? Or should I insist on an oral hearing?

Thanks x

This is what has been stressing me out. I'm determined to get it done. We watched SOSSENS webinar Draft appeal, the lawyer presented an example of an appeal she wrote for a family and I'm using that as a reference alongside a document that they prepared with the video. I also purchased SOSSEN booklets about what's included in the EHCP's and Appeals.

I'm getting it done but it's taking FOREVER

@Custardslice3

Thank you all for your input and advice. I'm on the final leg now - I've written what I want to say, and am just gathering all the evidence into the table on the form ready to send it off.

Final question - what should I be putting for Section 9: Paper Hearing? Should I agree to the appeal being determined based on written evidence? Or should I insist on an oral hearing?

Thanks x

SOSSEN and parents who I've spoken to have said to do the oral hearing. The written hearing is a bit more complex and there's other issues with it too....

@secular39 Thank you - my hunch was that I should avoid it being written only, so I've just ticked 'No'. I've said 'No' to being heard at an earlier date too, not really sure about that either, but I'm at the stage where I just need to fill it in and send it off! I've only got 48 hours now anyway.

I've found it incredibly stressful. In the end I didn't have time to watch the SOSSEN webinar - so I'm sure my paperwork is far from perfect, but I don't see how they can refuse to hear the appeal as the EHCP is so questionable! And if I've understood correctly I can then submit more evidence etc before the final hearing.

Hope your doing okay with it - when do you need to submit it by?

[quote Custardslice3]@secular39 Thank you - my hunch was that I should avoid it being written only, so I've just ticked 'No'. I've said 'No' to being heard at an earlier date too, not really sure about that either, but I'm at the stage where I just need to fill it in and send it off! I've only got 48 hours now anyway.

I've found it incredibly stressful. In the end I didn't have time to watch the SOSSEN webinar - so I'm sure my paperwork is far from perfect, but I don't see how they can refuse to hear the appeal as the EHCP is so questionable! And if I've understood correctly I can then submit more evidence etc before the final hearing.

Hope your doing okay with it - when do you need to submit it by?[/quote]
No problem. If you need any help let me know and I'll try my best to see if I can advice you. I've got a month to appeal but I want to get this done ASAP and aim to finish this by tomorrow. It's taking my life at the moment and I work! No wonder lawyers charge ££££ for this.

They said in the SOS SEN webinar that you could always put in supplementary appeal grounds once the appeal is registered, or make any points you've missed in a case statement which you can lodge in response to the local authority defence.