EHCP turned down - next steps...

[Usernameanonymous]

Good morning, I was hoping for some advice about steps to follow after an EHCP is turned down please? Or signposting?

DH, 5 is going through the autism assessment process. He definitely has autism (or so everyone has said thus far) and we're looking at Sensory Processing Disorder as well. He had glue ear and a speech delay but those have rectified with grommets and speech therapy. His communication is still limited - very fact based. He learns to socially communicate by rote as he's very echolalic.

We applied for his EHCP last December and last week received the decision to turn him down. He was initially refused to assess but school appealed. I know I need to appeal, I've called SENDIASS and then mediation line, but I popped by to ask the school SENCO if she could walk me through the process but she said she now can't help at all, it has to be done by me.

I promise I'm not stupid, but I've looked through IPSEA, and SENDIASS sites and can't find a kind of - walkthrough? Do, this, you need to send this letter, this is your timeframe. Does this even exist? I'm just feeling a bit overwhelmed right now and could do with it being broken down to help me.

I'd be really grateful for any help or advice. TIA

https://www.ipsea.org.uk/appeals-against-a-refusal-to-issue-an-ehc-plan

If you download the refusal to issue pack it explains what you need to do in detail.

Which reports where done as part of the ehcp process?

@normanprice62 thank you so much, this was exactly the kind of thing I was looking for.

They had an ed psych report - we met the EP but came away that without meeting or observing DS he was determined he didn't need 1-1 (DS manages at best 40% of the day in the mainstream classroom, the rest is in the nurture room or on the field). When he did observe it was during phonics which is the only part of the day DS engages at all. He decided he didn't need to talk to/ with DS.

Speech therapy did a report explaining that hearing and speech were much improved but not touching on echolalia

OT report was brilliant, really representative of his sensory needs.

He was initially refused to assess but school appealed.

The school can’t appeal. Only parents can appeal. The school might have asked the LA to reconsider, but that isn’t an appeal.

Be careful with SENDIASS. Some are good, but many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

You need to get a mediation certificate. You don’t have to actively partake in mediation if you don’t want to. You only have to consider it.

You complete the SEND35 form (or the online version) and send the form, the mediation certificate, the signed and dated letter from the LA and any evidence you have to SENDIST.

You have 2 months to appeal or 1 month from the date of the mediation certificate, whichever is later.

Have you looked at this page?

Consider what evidence you have. Think about whether you need to look at independent assessments &/or SARs.

Thanks @EndlessLight that's useful to know. I know the head was livid and wrote to them, but I'm guessing I misunderstood and that wasn't an appeal.

I hadn't heard of SOSSEN or SARS before, they looks great, thank you.

I've been wondering about whether we need to go private but was told that a diagnosis doesn't necessarily help? But from what you've said would a private speech therapist and EP be useful as evidence?

EHCPs are based on needs, not diagnosis. There are a couple of exceptions to this once you already have an EHCP, such as some ASD specialist schools require a formal diagnosis. So don’t worry about not have a diagnosis.

Depending on what evidence you already have/what other evidence you can get, independent assessments such as EP and SALT can help your appeal.

If you need independent assessments but can’t afford them and you are not eligible for legal aid, contact Parents in Need. They can help fund assessments.

Thank you so much @EndlessLight that's really useful to know. I'm planning to go through everything tonight and see what evidence I need.