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Ehcp needs asessment refused !
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
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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-overviewThe National Autistic Society may also be able to advise: //www.autism.org.uk/what-we-do/help-and-support/tribunal-support-lineHoping some of this may help, & that any parents here that have gone through something similar will get in touch.
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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
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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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