Local Authority turned down EHCP application - decision not to assess

[Flappypants]

Hi All

Hoping that someone can help me! My DS (10) has NF1 and has a range of mobility, coordinating, visual, speech and learning difficulties. He’s very very bright but really struggles with day to day life. His father and I aren’t together and it’s 50/50 care (ex is a very controlling narc who pushes DS very hard physically despite having been given clear guidelines about exercise levels) and I’m struggling to get him to engage with me to get a strategy together to appeal.

Has anyone successfully appealed the decision not to assess and got an EHCP for a DC? What worked well, what didn’t? It baffles me that the LA saw fit to make this decision because anyone who saw my son would recognise immediately that he needs help. I’m terrified for him about secondary school…..he won’t manage to get to classes by himself in a large school, not to mention the size and number of kids. He will be chewed up and spat out.

Any help or advice much appreciated!

Thanks so much!

What about your school? Are they not totally baffled too?

The LA would have leaned very heavily on information provided by the school op

His teacher was as upset as I was about it so I don’t know what the hell has happened.

In that case, urgently arrange to meet with head and SEN and plan your response with them

Don’t take the refusal personally, many LAs refuse as a matter of course. The vast majority of refusal to assess appeals are upheld.

Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation 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.

If you haven’t already, have a look at IPSEA and SOSSEN.

The threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. The first part is easier to prove than the latter. What evidence do you have? Have you considered whether you need independent assessments?

We just had a very similar experience. I applied for ECCPNA and the LA refused it even though I supplied over 80 pages of paperwork documenting my son's needs.

I was convinced to go into mediation, which I agree is just a stalling tactic. In the end I was advised by the mum's at my son's SN school to email the LA directly.

I sent a strongly worded email that outlined the legal wording for having an assessment and reiterated that my son was in a special school before in the states, he's in a special school now and that I'd given them 80 pages to show he has additional needs. Within 2 days they had reversed their decision and we are now in the process of the assessment.

Just advocate, advocate, advocate. It sucks we have to fight so hard for what our children need and are entitled to, but sadly we do.

Oh that’s really helpful, thank you. I will get the mediation certificate without bothering with the actual mediation, and go straight to the LA. My DS’ NF1 lead at Guy’s will be writing directly to the LA, and I’ll talk to school. I can’t believe it….what ajoke!

By all means speak with the LA but it is SENDIST you appeal to once you have the mediation certificate.