Ehcp needs asessment refused ! — Scope | Disability forum
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Ehcp needs asessment refused !

auri38
auri38 Community member Posts: 4 Listener
Hello , was wondering if anyone had any knowledge of being refused an ehcp needs asessment?? My 4 year old son has been turned down an asessment by the LA .  He has a diagnosis of Autism with extremely aggressive behaviour, and  has provisions in place at  nursery, aswell as a behaviour support plan. My understanding is that the L A must carry out a needs asessment  if the child has or may have sen , and whether they may need special provisions to be made through an ehcp. 
 Now my son definitely has sen and he is currently at nursery with involvement from outside agencies to help with his behaviour . I'm taking it to tribunal, does the send tribunal overturn a LA'S decision if the child clearly has special educational needs?  And an needs asessment is granted automatically? 
Or do you have to submit all evidence?  I'd be grateful for any help please 🙏 
Many thanks 

Comments

  • chiarieds
    chiarieds Community member Posts: 15,858 Disability Gamechanger
    edited April 2023
    Hi - I see IPSEA has previously been mentioned, & they may prove helpful at this stage, You'll find some info here: https://www.ipsea.org.uk/appealing-about-an-ehc-needs-assessment-or-ehc-plan   They also have helplines: https://www.ipsea.org.uk/Pages/Category/service-overview
    The National Autistic Society may also be able to advise: //www.autism.org.uk/what-we-do/help-and-support/tribunal-support-line
    Hoping some of this may help, & that any parents here that have gone through something similar will get in touch.




  • Adrian_Scope
    Adrian_Scope Testing team Posts: 10,599 Scope online community team
    Hello @auri38. To answer your question, it's my understanding that the Local Authority (LA) has a legal obligation to carry out a needs assessment if a child has or may have Special Educational Needs (SEN) and may need special provisions to be made through an Education, Health and Care Plan (EHCP).

    However, the LA may sometimes refuse to carry out an assessment, which appears to be the case with your son. If you disagree with the LA's decision, you have the right to appeal to the Special Educational Needs and Disability (SEND) Tribunal. The Tribunal is an independent body that can make decisions about children and young people's SEN, including whether an EHCP is necessary.
    IPSEA have some useful information about the process and also about the stages of appeal

    When you appeal to the SEND Tribunal, you will need to present evidence to support your case. This may include reports from professionals who work with your son, such as his nursery staff, behavior support team, and healthcare providers. You should also include any documentation or reports related to your son's diagnosis of autism and aggressive behavior.

    I hope this information is helpful, and I wish you and your son all the best.

    Community Manager
    Scope
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,979 Disability Gamechanger

    Hello @auri38. You have done so well to reach out to us. I can hear how difficult and frustrating all of this is. With regards to the EHCP needs assessment, does the nursery support the EHCP needs assessment process? 

    Often, EHCP needs assessments only need to happen if your son has needs which are not met by the nursery’s existing provision. That’s why EHCP’s are more common in settings with less provision/support than in nurseries that are inclusive and adaptable to the children’s needs.

    Tribunal would override LA though, yes. Only under these circumstances though. Not all SEND needs to be addressed through an EHCP. Your best bet would be to think about (and provide evidence for) your son's needs that are unable to be met currently and would not be met by current provision.

    I hope this is at least semi-helpful. Please do not hesitate to let us know if there's anything we can clarify further or if there's anything else we can do to support you  :)

    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.

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