You must go to the LA’s ‘way forward’ meeting before appealing
A 'way forward' meeting is not part of the statutory process and you are under no obligation to attend this meeting ahead of appealing. This may be the LA policy or process, but there is no requirement under the Code of Practice 2015 for you to attend.You must go to a mediation meeting with the LA before appealing
This is not the case. You are not required to attend a mediation meeting before appealing. However, you are required to contact the mediation service and obtain a mediation certificate, before you are able to submit your appeal. It is your choice whether or not to attend mediation. You will be issued with a certificate whether you attend or not.You can’t get an EHCP for a child with dyslexia
Dyslexia is a special educational need and as such, may require specialist educational provision to be made to support the child or young person over and above what is available within the typical mainstream resources. This might include specialist teaching, a high level of support from a TA, or a specialist setting. Each case is an individual one. This would then require an EHCP. Dyslexia is also considered a disability under the Equality Act 2010 and therefore, depending on the scale of need, a school will be required to make reasonable adjustments to ensure that the child or or young person is not disadvantaged compared to his or her peers.You can only apply for an EHC needs assessment through the LA’s online hub or form
This is not the case. You can apply in writing, send by post or email. You do not have to use the LA's prescribed format to submit your request.The school needs to spend £6K before you can apply for an EHCP
No this is not accurate. The legal threshold contained in Section 36 (8) of the Children and Families Act 2014 does not require that the school spends £6,000 before you can apply for an EHC needs assessment. If you receive a refusal to assess where this is stated, the LA has applied a higher level criteria to its decision-making which would not be a lawful reason to refuse.A child needs a diagnosis in order to get SEN Support/an EHCP
No. This is not the case. A child or young person does not need to have received a formal diagnosis in order to get support from a school or apply for an EHC needs assessment.EHCP – you won’t get one because your child is academically able
This is not the case. Paragraph 9.14 of the SEND Code of Practice 2014 sets out that when considering whether assessment is necessary, the LA must pay attention not just to a child’s academic attainment or rate of progress, but also evidence of the physical, emotional and social development, and health needs.Only a school can apply for an EHC needs assessment?
This is not the case. A parent, on behalf of a child, and a young person are able to apply for an EHC needs assessment. If your school is telling you there is a waiting list, that you won’t get one, or don’t need one, apply yourself.Assessment – if you want an OT assessment for a child’s sensory and motor needs, as part of the EHC needs assessment, you have to ask the GP as the LA does not commission OT assessments?
No. the LA is required to gather information and advice from relevant professionals about the child or young person’s needs. Para. 9.49 of the SEND Code of Practice 2014 sets out that it must gather medical information from health care professionalsSchools – the LA can only consult specialist schools that are Section 41 schools?
Nope. Not the case. The parent or young person has a right to request any of the following types of school or college:- A maintained school or nursery (mainstream or special)
- An Academy (mainstream or special)
- An institution in the Further Education sector
- A non-maintained special school
- A section 41 school.