EHCP refused

[Havingtofight]

My child in yr 3 has autism, and the school made an application for an EHCP assessment which was denied.
He has had EP,ASD outreach,SEMH and has tested as emotional age that as a 3 year old.
It takes up to 2 hours some days for him to leave me.
When he is in class he does literally no work, his peers does some of his writing (he has a laptop which he doesn't like using).
He wonders around the class,is disruptive, hurts other children.
Shouts and screams, and it's constant.
The reason they gave for there refusal was because he was working at age related in maths and English.
His writing is unreadable though.

Just wanted to ask others if they have been through the same and managed to get an EHCP through mediation or tribunal?

[SusiePevensie]

So the EHCNA was turned down? This is depressingly common. Don't bother with mediation, appeal.

[Havingtofight]

Yes Susie, I knew it would be turned down as even though his needs are high he is deemed academically ok.
His writing is that of an reception child though.
So tired of fighting though, but will have to.

[ThomasWasTortured]

Just appeal. LAs often 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 and submit to SENDIST. The majority of appeals are successful.

[Havingtofight]

What is the estimated time scale if I do or don't go through mediation?
Can they concede without mediation before tribunal?

[ThomasWasTortured]

LAs can, and do, concede prior to a hearing.

Most refusal to assess Tribunals are done on the papers and the wait is around 4 months ish give or take. If DS is not receiving a full time education you can ask for it to be expedited.

If you want to proceed with mediation it must be arranged within 30 days. However, many LAs aren’t meeting this timescale at the moment (which results in a certificate being issued anyway). If mediation isn’t successful then you have the Tribunal wait on top as well.

[Havingtofight]

@ThomasWasTortured

LAs can, and do, concede prior to a hearing.

Most refusal to assess Tribunals are done on the papers and the wait is around 4 months ish give or take. If DS is not receiving a full time education you can ask for it to be expedited.

If you want to proceed with mediation it must be arranged within 30 days. However, many LAs aren’t meeting this timescale at the moment (which results in a certificate being issued anyway). If mediation isn’t successful then you have the Tribunal wait on top as well.

Thank you, do you know the tribunal success rates?
My older son has an EHCP but was done first time.
How likely is an EHCP if there academically able in maths and English (not written work).

[ThomasWasTortured]

The vast majority of appeals are upheld. In 21/22 92.2% of refusal to assess appeals were upheld. You can see more about the statistics in this article.

It is more than possible to get an EHCP for academically able DC. I have 2 DC with EHCPs and both are academically able. I have supported many others with academically able DC to secure EHCPs too.

[Havingtofight]

@ThomasWasTortured

The vast majority of appeals are upheld. In 21/22 92.2% of refusal to assess appeals were upheld. You can see more about the statistics in this article.

It is more than possible to get an EHCP for academically able DC. I have 2 DC with EHCPs and both are academically able. I have supported many others with academically able DC to secure EHCPs too.

Thank you so much, even though I knew this would happen its really upset me today.
Sendist was easy to speak to a few years back.
Now it's at least 5 working days so nice to be able to speak to people who know and understand.

[ThomasWasTortured]

Don’t give up, LAs rely on that. You can do this.

[Havingtofight]

@ThomasWasTortured

Don’t give up, LAs rely on that. You can do this.

I won't, and thank you.

[Havingtofight]

And it's not maths and English it's maths and reading that he is at age related.

[Whatafustercluck]

Hi op, we're in a similar situation (except we suspect ADHD, OCD and SPD) and 6yo dd became school refusing after Christmas. We've worked on her anxieties so she's currently back attending school but we know that these recurring phases of anxiety will be a feature of her life unless we understand her needs better (or more specifically, school understand her needs better). Academically she's fine, she also masks her difficulties at school. The LA turned down our request for a needs assessment due to the disparity between her home and school behaviour (essentially pointed to our parenting being the problem).

I refused mediation as I recognise it as a delay tactic and filled in the paperwork for an appeal, supported by 4 reports from professionals we engaged during her period of school refusal. That was a few weeks ago now, they've confirmed receipt of the appeal documentation but are yet to confirm when it will go to Tribunal.

It's an incredibly frustrating process, but hang in there. Nobody else will fight for our children's needs. They deserve better.

IPSEA can provide advice and support if necessary.

[Whatafustercluck]

Should have said, the criteria bar for a NA is very low - you only need to suspect SEN is present, nor prove it with a diagnosis. Hence most appeals are successful.

[ThomasWasTortured]

the criteria bar for a NA is very low - you only need to suspect SEN is present, nor prove it with a diagnosis.

Not quite. A diagnosis isn’t required, but has or may have SEN is only the first part of the test. You also need to meet the second part of the test, which is that it may be necessary for SEP to be made via an EHCP.