EHCP refuse to issue - appeal

[Sunshineclouds11]

Hi

DC has been refused to issue for a EHCP.

Reasons stating the local offer can meet his needs.

I was just wanting to hear from people who have been through the appeal process.

Did you skip meditation?
What extra evidence did you get?
How long was the process?
Did you win?

I'm finding it a minefield and feeling abit overwhelmed.

School are fully on board and will help with the process and get extra evidence but feel I need to fully understand it all myself first.

Hi OP,

I was in your exact same position in the spring and funnily enough our LA gave the same reason for my DS (5 next month) who is non verbal, suspected GDD and ASD.

Give yourself a few days to process, it’s bloody heartbreaking when you get a refusal, I remember crying and feeling so deflated after. Then when you’re ready, go through the appeal process - you have 30 days to challenge it.

This is my experience with the EHCP process so far:

November 2023 the nursery and myself submitted an application for an EHCP.

February 2024: No response so I contacted the LA who then told me the application was with a case worker but they couldn’t tell me how long it would be for a decision.

A week later: application refused

March 2024: I contacted mediation (Ipsea.org.uk) to request a mediation certificate and in the mean time started completing the SEND35A form.

April 2024: I received the mediation certificate (you have an additional 30 days from the date of receiving this to submit the appeal) to say the LA do not have the capacity for mediation, and I sent off the appeal with additional evidence from my sons SENCO, an additional IEP, and SLT report from the NHS.

May 2024: I receive a tribunal date which is set for March 2025….. no it’s not a typo.

June 2024: I receive an email from the LA to say they have overturned the original decision and agreed on a yes to asses.

July 2024: An Educational Psychologist completed an assessment and sent it back to the LA to be reviewed.

My son started primary school last week and his school have been incredible, the SENCO contacted the LA before the 6 weeks holiday but still not response.

Hope this helps and isn’t too overwhelming. 💐💐💐 💐

Be careful trusting the school 100%. Many misinform parents either intentionally or through ignorance.

The vast majority of appeals are upheld. Appeals are taking about a year. If it is a very cut and dried case, you could consider a paper hearing which will be quicker, but it is riskier if you don’t have a solid case.

What extra evidence you need will depend on what is already available. Consider making subject access requests to the LA, school and any other services involved. Also think about whether you need independent assessments. If you can’t afford these and aren’t eligible for legal aid, contact Parents in Need.

You need a mediation certificate (the mediation company varies depending on what LA you are in) but you don’t have to actively partake. LAs often use mediation as a delaying tactic.

You have 2 months from the date of the LA’s letter or 1 month from the mediation certificate, whichever is later, to submit the SEND35 (35a is for refusal to assess not refusal to issue) form to SENDIST.

@Curlygirli you should send IPSEA’s model letter to the LA. From conceding, the LA has 10 weeks to inform you they are not going to issue. Or if they are going to issue, they have 14 weeks to finalise.

@Curlygirli It's a shocking reason isn't it. Feel really fobbed off.
I've cried so many tears but I'm not feeling pissed off.

Can't believe they gave you a date of 2025!

I'm pleased they agreed to assess in the end.

Thank you for the info it's good to see it wrote down in simpler term as opposed to the massive paragraphs they send!

@EndlessLight I know people to say not to trust schools 100% but honestly they are amazing and want/need this as much as us. They are really supportive.

Regarding legal aid, I'm a single parent with the help of UC but not sure where I would even go about seeing if I'm entitled to it?

You can see a quick overview of eligibility here. It sounds like you may be eligible so look at that. It takes perseverance to get someone with capacity to take you on, but it is worth it.

Just to add another recent timeline in case its helpful, we submitted our appeal to the tribunal after our LA refused to issue on August 9 2024, and received a final hearing date of September 24 2025 (we elected not to have a paper hearing).

Hi @Sunshineclouds11 how is the process going? Did you manger to appeal the LAs decision?

Just thought I’d update to say my sons EHCP was finalised at the end of January and he has been given a place in a specialist school to start in September 2025.

I hope everything has worked out for you and your son.

@Curlygirli Oh I am so pleased for you! I bet it was biggest relief!

I'm in the depths of appeal.
We did try mediation as I just wanted to try everything and it was the biggest waste of time. LA were awful.

My tribunal date isn't until Nov though 😭