Help with EHCP Appeal at Tribunal.

[3Hearts1Beat]

Hello,

It’s been a really stressful and very emotional year so far for us and it seems as though things are not getting any better. We have three children, two DD’s (ages 6 and 3) and one DS (aged 4). Our 4 year old DS and 6 year old DD both have a diagnosis of ASD. It’s been extremely hard for us as we are still trying to process everything concerning both DC. It just feels like we’re in some kind of whirlwind as everything has just happened so fast. DD got her diagnosis last year and DS this year. I really didn’t believe our Paediatrician when she said that ASD presents differently in both girls and boys but now I can honestly say that it’s so true and I do indeed believe her.

DD has an EHCP and has recently had an early Interim Review organised by the school. We are told that she is not making any progress academically and is working significantly below her peers in all areas of the curriculum. The school really have gone above and beyond for DD with regards to her EHCP but unfortunately they can no longer do anything for her and have informed the LA of this however, as per usual the LA are just being a complete and utter nightmare, with DD’s EHCP Co-ordinator stating the following in a correspondence which was sent to the school’s SEN Co-ordinator:

“I know it is mums wish for an Education Learning Provision (ELP) from September 2022, however due to spaces available in our ELPs, parents are not always awarded the schools they wish. In addition to this, If it is felt by professionals that a mainstream school can meet the needs of a child, then we will direct a mainstream school to take. If mum is unhappy about this decision she can then appeal.”

“We currently have a list of children needing ELP places and as confirmed by the head of Education Psychologist (EP), there are no statutory reports that indicate a specialist setting is needed. In comparison to other pupils even if a space did become available in this borough or another, she would still not be given it.”

We have since written several letters of complaint to the Director of the department regarding the whole processes of DD’s EHCP and have requested the immediate re-allocation of a new Co-ordinator, as we are just not seeing eye to eye. We have since been told that one has been appointed but we are yet to hear from them. The Director of the department is just awful, no response to any of our correspondences. We are constantly being ignored.

We are just so disgusted and disappointed, what an absolute disgrace to say the very least, I mean why on earth would she STILL NOT BE GIVEN A PLACE??! Considering the fact that they have received a huge amount of “statutory reports” that very strongly evidence

the significant difficulties and complex needs that DD is presenting with as voiced by all professionals whom are involved with DD, but of course we all know that unfortunately it’s ALWAYS about the funding when it comes to the LA, hence we have now exercised the right of Appeal at the Tribunal.

I would be most appreciative of any recommendations for really good Solicitor Firms, specialising in SEN Education Law.

Thank you so much for taking the time to read and for all advice given.

The LA are right about the way to go being appeal if you are unhappy. Don’t bother with mediation LAs use it as a delaying tactic, if they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate and submit to SENDIST. You should appeal B&F as well as I as they will be written to support the placement the LA have named in I.

You are likely to need independent reports if the current reports do not indicate SS is necessary. It is reports than win tribunals and the ones you have got are unlikely to be enough.

You don’t need a solicitor you can do it yourself, but if you do want to use their services you could try Sinclairs, HCB solicitors, Geldards, Watkins. SOSSEN also offer some services e.g. WD. Also, check if you are eligible for legal aid.

@LargeLegoHaul thank you so much for your reply, most appreciated. Yeah we actually skipped mediation altogether and just bypassed for the certificate instead so we are now at Tribunal and have just received correspondence stating all dates etc leading up to the hearing which will be in December so plenty time to prepare unless LA decide to come to their senses with some kind of proposition as I hear they absolutely hate it when cases go to Tribunal as it really does cost them so much.

We do have a lot of independent reports, all of which are recent and updated literally stating that SS is most definitely the most suitable option.

It’s so nice to hear that we don’t need a solicitor, which I was kind of already questioning but was in doubt cause of the way things have played out between ourselves and the LA and the fact that we are continuously being ignored, we are feeling somewhat intimidated as there is now little to no communication between ourselves and the LA as well as the new appointed Co-ordinator. At this point, we honestly just don’t even know what to think anymore, it’s such a horrible feeling and all we are trying to do is help our DD.

Hi 3Hearts1Beat,

Going through the similar stuff with our LA at the moment, well for two years... 🙄

We hit a wall trying to fight this system and lack of compassion and communication on our own and looked for some advice/help.

We have used a team of Solicitors called Brighter Futures and they have lots of packages to help you at various stages and fixed prices for alot of key things.

We learnt more in our free 20 min chat with them than two years of trying to educate ourselves about EHCPs. We have chosen to use their EHCP review service a fixed price to reword and tighten up the detail of the EHCP.

The wording in your childs EHCP is really important as the LA can make it very vague and wiggle out of providing stuff.

We hope this might be enough as we have independent reports as well... 🤞🤞

However we feel it will probably go to appeal. It is a tactic they use to get people to give up. 90 something % of appeals go in favour of the parent, which is a messed up way to run things.... 😞

It's really helped us feel more confident in dealing with the LA and nice to have someone on our side!

We are going use their 'going to tribunal'package if we get to that stage just to have all the bases covered and give it our best shot.

Solicitors are not for everyone but I thought I'd let you know how it has been for us.

Hope you get what your kids need soon.

@burlybum thank you for your advice and recommendation of Solicitor’s Firm, appreciate it. Honestly the LA is just a joke. Our DD’s case was actually very straight forward and has now turned into a very complexed case. We have taken our case to Tribunal, the hearing isn’t until December so we’ve got a lot of time to really prepare, which is great. It really didn’t need to be like this but here we are I guess, just so very frustrating.

I wasn’t even aware that Solicitor’s provided such a service regarding EHCP reviews so that’s actually very good to know, thank you. Just like yourselves, we too have a sufficient amount of independent reports but with the LA they’re forever looking for something even when there really isn’t anything.

Hopefully the EHCP review service with your Solicitor can bring a positive outcome for you and should hopefully avoid you going down the route of Tribunal but either way, wishing you the very best of luck. 🙂

Hi
Recommend Fiona Slomovic at advocacy and mediation. She is not a solicitor but is very experienced and did a great job for us at a tribunal. She does get very busy and booked up though.

I would agree that it is the professional reports that make a difference at the Tribunal. I have made 6 appeals (3 different children) 1 conceded by LA won 3, lost one and one is next week. The one we lost was for DN refusal to issue, the problem was that the LA's Ed Psych had done a very superficial assessment of my nephew, e.g. only observed him in a PE lesson but gave evidence at hearing that DN did not need to be in a smaller class. Unfortunately we could not afford to engage a private EP and school were not helpful so if was hard for us to challenge the LA's case.

@dimples76 for future reference if you cannot afford independent assessments and aren’t eligible for legal aid parents in need can sometimes help fund them.

Thanks LLH might need to bear that in mind as the LA's EP recent assessment of DS for annual review reads like a completely different to the child I know and did not include any observation of him in the classroom.