EHCNA refused

[BountySunshine]

School has recently submitted an EHCNA request for our daughter. She is 8 and has various neurodiversity and some minor physical disabilities. She is meeting age expectations but the educational psychologist's opinion is this is way below her IQ. The application was supported by lots of professional reports. We are currently funding large amounts of support (Occupational therapy, speech therapy and physio), which has been recommended by NHS, but they have said we should access in community by way of EHCP (which I agree to largely because actually what has been helpful is training the TAs to provide this in the classroom, because then the provision is regular and often (rather then every week in a clinic)). This is on top of school providing extensive support.

SENCO (very experienced at school known for good SEN provision) was very confident request for EHCNA would be granted.

We've just had a letter refusing. No explanation just that there is not a case to proceed a needs assessment and school should continue to provide SEN support. What about all the additional support needed which we and school can't provide (school have set out costings) and also the support we are paying for privately - are they just saying actually that's not needed? How can they say that when NHS clinicians and therapists have said it is? I wasn't expecting them to just agree, but surely that meets the requirement of "may need" for an assessment.

I will appeal, but we can't afford to keep funding these therapies for 6 months while we wait for an appeal and then possibly another 18 months/2 years for an EHCP appeal?

Someone said we would be better not funding these therapies because then my child would not cope and the LA would have to intervene? Is it really the case we are better off not paying for these therapies? Surely it can't work against us (or the LA can say they don't have to provide this) because we've found the money to pay for these (we did out of desperation and literally have used up most of our savings).

It just feels like the decision is really wrong, almost to the extent I wonder if they've just put the wrong outcome on the bottom (the letter read very like a template). Is there anyway to get someone to relook at the matter without heading to a tribunal. The LA have said we can have a Ways Forward meeting, but also they are sure they haven't made an error (given that position surely they are just going to sit there saying, "the panel decided".

Sadly, turning down EHCNAs seems almost routine. Say no to mediation - just wastes time - and appeal. The test to pass is 'child may have sen and may benefit from ehcp'. From what you've said your DD passes.

It is shit and yet another example of how the Tories' miopia and incompetence are dragging everyone down.

@SalmonWellington thanks for the advice. I have had a couple of friends say things like, "you probably just need to get some more evidence" and I am thinking, what 2 OT reports? 2 Physio report?

What do the LAs argue at tribunal?

I literally don't understand what they could say in this case save for, "well we disagree with all these professionals and can say this child does not need (not even might not, does not) need any of this SEN provision. We've never seen them though or assessed them (unlike all those other professionals)".

Or they say, "everything is fine, parents just need to keep funding the bits they are doing and they other bits are not needed?"

In our case we got turned down for being academically ok. The judge tore that apart as a reason. We didn't provide any more evidence on appeal. It really felt like a delay/ hope they give on exercise rather than something even the LA thought was justified.

I agree with pp, appeal and just get the certificate and submit to SENDIST. You only have to consider mediation, you don’t actually have to partake. LAs use mediation as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake or not. You can get an EHCNA whether you pay for independent therapies or not. The vast majority of appeals are upheld.

@SalmonWellington I suspect that might be the reason In our case as well, plus good behaviour.

@YellowRosesWithRedTips thanks for that advice.

Spoke to someone from the LA today. Apparently refusal was because school is meant to do a a graduated approach, “assess, plan, do, review” and there is a lack of evidence of review.

I asked if school has just not followed the process why should my child be penalised? Surely that just means children with poor sen provision are less likely to get an ehcp that can’t be right?

I also don’t understand the graduated approach, were we meant to just disregard the OTs recommendations and just do playdough at school? How can school review OT provision?

Appeal. Needing 2+ APDR cycles is a myth LAs like to perpetuate.

Having said that, the school should have been providing support etc. even prior to the OT’s recommendations, so there should be evidence of the graduated approach, anyway.

My child's school were planning on 3 terms of Plan/do/assess/review but I submitted my own parental application for EHCNA as I felt it was silly to wait that long - have you considered submitting your own application given their objection is based on what the school should be doing not on whether your child may have SEN, which is the only standard you as parent has to meet for EHCNA?

@curlydiamond OP doesn’t need to submit an EHCNA application. An EHCNA has already been refused, so she should just appeal.

Has or may have SEN is only part of the legal test for an EHCNA. The other half is may need SEN provision to be made via an EHCP.

@YellowRosesWithRedTips not sure how much evidence of a graduated approach there will be.

We basically went 0-6 they are premmie, they may catch up (we were told could take to 7). I was massively proactive when they were younger so for example despite everything we practiced so they could get dressed and undressed for reception - lots of other children couldn’t do that. So while it was clear that had some difficulties they didn’t stand out that much.

They were really unwell around 6 and at the same time we got referred to the children’s hospital and it all just exploded and it was suddenly “this child has quite significant problems” you need to get all these things in place. The medical team have basically taken the lead and said “do this” and then “do more” so I don’t know how school could review. School have given medical team regular updates - would that class as a review?

In order to update the hospital the school must be reviewing progress/needs. Not all schools formally call it the APDR cycle or graduated response, but to some extent it sounds like the school have done this.

As others have said, refusal is a default response.

Head straight to Tribunal, don't bother with mediation. Simply obtain the exemption cert and send off the appeal form and evidence. Our LA caved before it went to Tribunal in the end. The legal test is has or may have SEN, and may need provision via EHCP.

We definitely found support more forthcoming when dd reached crisis point and could no longer cope. But it was a terrible time that I'd do anything to avoid happening again. Sadly, lack of services and appropriate provision is forcing people down the private support and diagnosis route.

It took about three months between us receiving the initial refusal to assess and the LA overturning their decision and granting a NA. As others have said, mediation is a delay tactic.

Yes as others have said, get the mediation certificate and appeal. My LA conceded before the tribunal (I think it was at the stage they had to prepare the bundle). I think many concede before tribunal as they don’t want ticking off for wasting tribunal time. So it wasn’t long in my case to wait after sending in our appeal.

recommend the SOSSEN webinars (£10 to access the recording) on appealing the needs assessment refusal. Helped me put together a strong appeal and dispels all the bullshit myths LAs spout.