You’ve just heard that the LA is refusing to issue an EHCP following a needs assessment.

The LA has informed you in writing and given an explanation for its decision, as well as the right to mediation and to appeal, together with timescales.

You may well be feeling completely devastated as you were hopeful that the advice gathered would show that your child or young person required specialist educational provision to be made for them through an EHCP.

Appealing to SENDIST

You have the right to appeal the decision but you will need to prove that your child or young person needs an EHCP. You will need evidence to show the following:

• what those needs are
• what provision is required and what type of setting can deliver that provision
• what the school/setting is already providing by way of support and why that is not adequate
• progress your child has made and if any, whether it was only due to the level of intervention they have already been receiving
• you should also consider sensory and physical, communication, and social and emotional needs, and not simply academic needs.

You may wish to commission your own private reports to enhance the information you already have or to have assessments where the LA has failed to commission them.

It’s a challenging appeal to conduct.   Take a look at our tools and guidance and contact us for a 1:1 to discuss your case if you need more help.  We are able to provide guidance on what evidence you will require, the evidence you have, and help you with your Grounds for Appeal.