EHCP refused

[Mumtoboys1]

My 8 year olds EHCP was refused back in January. I have now since taken him out of school and been home educating for the past couple of weeks. Does anybody know if I can re-apply for EHCP with him not being in school ? I'm thinking more towards special needs high school there's no way Im sending him to mainstream. I know these things take a long time so I'm worrying now and really regretting not appealing the refusal but it's too late now.

Yes, you can reapply.

Was it a refusal to assess or refusal to issue? If it was a refusal to issue it is worth waiting until 6 months after the last needs assessment because if you reapply beforehand and the LA refuse to assess this time there is no right of appeal if there has been a needs assessment within the last 6 months.

Unless you actively want to EHE, if DS can’t attend school because of his SEN you should inform the LA you no longer wish to EHE and they need to provide provision under s.19 of the Education Act 1996 as DS is unable to attend school.

I have no idea what was refused I'll have to find the letter but I'll definitely be applying again, how does it work in terms of assessments and gathering information if he's not in school?

EHCNAs can take place even when DC are not on a school roll. Any assessments can take place at home or another setting.