Appealing EHCP - feel deflated, hearts not in it

[Mamma64467]

Our EHCP is not satisfactory. We're going to appeal B, F and I - it's all going to be on me to manage as I'm the SAHP - DH was not that engaged on the process initially though he's a bit better now and willing to discuss it.

I just feel so tired and deflated. Of course I'm going to keep going and get it done the best I can. But underneath I feel very down and wanting to crawl into a hole and not deal with it all. DS is already such a handful and I feel like I'm failing at home and at school for him, without having all this to deal with too.

Just venting, I know there aren't any solutions and lots of parents are in this situation.

[lovelysoap]

I feel the same op. I am appealing the assessment. My DD is disabled, higher rate DLA, mobility, speaking, eating, still in nappies, fair list of diagnoses. She has no danger awareness at all. Poor balance and reflexes. Low cognition. Apparently i can just drop her off to reception in September and hope for the best and all will be fine with no EHCP. She wont have it in time for September so i cant start her. I may then get in trouble for her absence from school from January 2025. I have to keep her off to keep her safe but dreading the conflict over her absence. I applied in November 2023 so i thought i had plenty of time before she would start. Its such a nightmare. I really feel for you.

When you get it you have to appeal the contents and then if you get the contents right will there be further appeals to get the contents fulfilled by the school every year.

Honestly don't know if its really worth applying or shall i just get it in place and deregister and home school her and only use it if i need to when she is older.

[Headfirstintothewild]

OP, you aren’t failing. You are advocating for DS so he gets the support he needs. That isn’t failing.

@lovelysoap if the school needs more funding to provide additional support they can apply for high needs top up funding. This doesn’t require an EHCP.  Once DD is compulsory school age, if she can’t attend school, the LA has a duty to ensure she receives a suitable full-time education. I wouldn’t EHE, an EHCP can provide far more support than the majority of parents can afford to fund if they EHE. Have you requested an expedited hearing?

then if you get the contents right will there be further appeals to get the contents fulfilled by the school every year.

It is the LA who has ultimate responsibility for ensuring the provision detailed, specified and quantified in F is provided. The route to enforce provision is via judicial review, not appealing to SENDIST.

[lovelysoap]

@Headfirstintothewild thank you for your reply. I think the LA will argue my DD can attend school safely with no top up funding, they didn't think she needed an EHCP in the first place.

I didn't know i could request an expediated hearing. All paperwork has now gone in for the hearing in July (from me anyway LA didn't bother to respond).

I know that the LA has to provide education but they simply don't/won't.

My eldest has an EHCP. The LA have deregistered her. Are they providing education? well no. I am and i am paying for it all. I have initiated the JR via Sossen Pap and i will just have to wait for that.

My eldest is full DLA, diagnoses, EHCP, de registered by the LA not me. I haven't heard from them.

I am not making it up.

The JR will take months. We as parents of disabled children only have so much time, skill, money to chase them and they know this very well.

[Headfirstintothewild]

Nowhere did I say you were making it up

You can use a SEND7 to request an expedited hearing. Don’t forget to seek the LA’s views first. It may not make much difference if the hearing is in July, but it is worth a try.

Parents can force the LA to provide provision under s.19 (and it can also challenge the unlawful off-rolling). JR does not have to take months. In many cases, LAs concede on receipt of a pre-action letter. If they don’t, many do concede when they are served notice. Few get to an actual hearing and you can request interim provision is ordered. See this SOSSEN page under “isn’t JR really slow?”

Being refused an EHCP doesn’t necessarily mean the LA will refuse high needs top up funding. Lots of DC have the latter without the former and sometimes LAs like to give the high needs funding to put parents/school off pursuing an EHCP.

[Headfirstintothewild]

The link didn’t post but it is here.