Have you been refused an Education, Health and Care Assessment (EHCA)?
Did you or your school apply for an EHCA and the Local Authority (LA) said that your child did not need one? Perhaps they said your child had to be of statutory school age?
Your LA could be advising you unlawfully. Here at Bright Futures we have so so many reports of unlawful practice in local authorities, ranging from local authorities stating that the school needs to complete Educational Psychology assessments before consideration, to statements that the child is only in ‘band 1/2 on the LA Grid’ therefore does not qualify for an EHC assessment…
Do not be fooled. And do not get me started on the unlawful practice and unregulated advice given by local authorities… perhaps that will be another blog post, watch this space - it will be a lengthy (but totally justified) rant.
So in fact, the legal threshold is very low for applying and being successful at obtaining at least an EHC assessment.
Key things to remember:
1) Do not always believe what is being said to you with regards to the process - unfortunately LA staff have not fully trained in the law.
2) The threshold for applying for an EHCP is low - the LA sometimes give inaccurate information in their response to your request.
3) Appealing is relatively straight-forward - but you need to do it within 2 months of receiving the refusal or one month of receiving your mediation certificate.
4) Evidence your child’s special educational needs, and special educational provision that your child might require. Make sure (if your initial application did not include it already) that you have comments and information from professionals associated with your child
5) Remember, if a child is progressing academically, do not be put off from applying. The code of practice makes it clear that ‘It should not be assumed that attainment in line with chronological age means that there is no learning difficulty or disability. Some learning difficulties and disabilities occur across the range of cognitive ability and, left unaddressed, may lead to frustration which may manifest itself as disaffection, emotional or behavioural difficulties’ Paragraph 6.23
6) Consult someone in the field, if you are not sure. Book a free consultation with Bright Futures if you need further advice. You can book below by following the link!
About Bright Futures :
We support families, schools and professionals with the EHC process. We deliver training, support families with appeals and ombudsman complaints. Find out more here