EHCP Tribunal

[Lizziewest88]

Hello

Our LA refused to assess for an EHCP. I have sent all the paperwork off to tribunal and it should be heard at tribunal in July!

Just wondering.. my son gets high rate DLA do you think this will support our application?

thanks xx

EHCPs and DLA are separate. Being in receipt of DLA does not mean DC meet the legal threshold for an EHCNA.

I know. I just wondered if it would affect support to the tribunal, school have provided very little information.

The information that you provided when you applied for DLA might help, if you still have this? They must have come to that conclusion for a reason.

Most cases heard at tribunal get agreed, so you may not need extra information.

The information here might help:

https://www.ipsea.org.uk/refusal-to-assess-appeals

As PP above said, the majority of cases are "won" by parents, especially for refusal to assess.

No, on its own, being in receipt of DLA won’t affect or support your refusal to assess appeal, so e.g. sending the award letter as evidence won’t help. As a pp said, the evidence you used for the DLA claim may help (but not in all cases).

You can make a subject access request to the school if you want data the school holds.

Really helpful. Thank you!