Yes, enforcement take times, but not to the extent you are talking about. For example, you are talking about transition from infant to junior school, normal appeals are taking around a year, but an appeal for transfer from infant to junior school would be a phase transfer appeal and those are much quicker. If you submitted an appeal soon after receiving the phase transfer EHCP in Feb of Y2, it would definitely be heard before the September of Y3.
If the situation is something that needs JR rather than appealing the content &/or placement in the EHCP via SENDIST, whilst not immediate, that also isn’t as long as many people think and you can request an interim order.
Appealing to SENDIST is free. You don’t need representation. If you can’t afford independent assessments and aren’t eligible for legal aid, there are charities such as Parents in Need who can fund assessments.
After the pre-action letter, most types of JR cases are brought in the child’s name therefore they can be eligible for legal aid in their own right. If you aren’t eligible for legal aid yourself, SOSSEN can help with a pre-action letter much cheaper than anyone else and for some things like not sticking to timescales/failure or deliver SEP they are free. Many find the threat of JR is enough.
Appeals relying on evidence ‘paperwork’ is why independent assessments may be needed if you didn’t agree with some/all of the reports. But, as I posted, nothing you post would meet the threshold for the LA to refuse to name your preference. Appealing B&F to better reflect DC is common. It is just as common for those without a diagnosis.
Schools objecting to consultations happens with or without a diagnosis as you have already found. Not having the diagnosis doesn’t make it any less likely because objections are based on needs and the SEP, not diagnosis. And it is not always about the child but politically motivated and about money.
I have already explained the reasons why I think diagnosis is important. IMO it is shortsighted not to diagnose.
The maths and physical diagnoses don’t always have more objective assessments. To suggest they can be less misunderstood is a misunderstanding of some diagnoses.
If you mean DS is almost non-verbal as opposed to having SM, he wouldn’t have been diagnosed with Asperger Syndrome even before the switch. AS was diagnosed in those with an IQ above 70 (i.e. no co-morbid learning disability) AND no language delay. Those with a language delay to the point they are described as ‘almost non-verbal’ would have been diagnosed with autism (that would include those with what was previously described as ‘high functioning’ autism and those with what was termed classic autism).