Q:
Decline to issue appeal: LA says school can meet needs with notional budget but school is not doing so. Is this a valid argument at appeal?
My daughter's EHCP has been declined after assessment on the grounds the school can meet needs through local offer / OAP. She is high masking ASD and as a result her needs are easy to miss in a busy mainstream environment. I sought her diagnosis privately and requested EHCNA myself as a result. She is entirely overwhelmed, distressed and attendance has dropped off completely and I cannot work as a result.
The LA have argued that needs can be met through OAP and external agencies. This is where I feel she has been let down by school. No outside agencies have been involved and the school did not submit any evidence of a graduated response to meeting her needs. I do not feel the LA EP report adequately illustrates the impact on her. The EP interviews were all online and felt quite light touch.
I feel stuck between the LA saying the school can make provision which the school ultimately cannot / will not. The LA summary of assessment has quantified, clear recommendations for 1:1 provision. Even if her primary school find a way to support her now in Yr5, I do not see how she will cope at a mainstream secondary and no acknowledgement of her proximity to transition has been made. Appeal evidence deadline is May, appeal date is Feb 2026 when she will be in Y6 and we've missed the 'transfer window' for secondary applications.
Thanks in advance.
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 27 Feb 2025
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Yes
Simple
CM
Yes, that is a valid argument if you are going to use it.
The Noddy Guide provides a reasonable assessment of the subject, which can be found here:
05.02 Does a child or young person automatically get an EHCP following a statutory assessment?
However, generally speaking, anyone making this argument must – and I can't stress this enough – put forward evidence that establishes that an EHCP is required.
The following types of evidence can help make a compelling case:
- Academic Performance and Progress:
- School reports detailing the child's academic achievements and areas of difficulty.
- Records of progress, or lack thereof, despite targeted interventions.
- Standardised test results indicating performance relative to peers.
- Professional Assessments:
- Reports from educational psychologists evaluating difficulties in learning and their causes.
- Assessments from speech and language therapists addressing communication challenges.
- Occupational therapy evaluations concerning motor skills, any sensory issues and daily functioning.
- Health and Medical Records:
- Medical diagnoses relevant to the child's or young person’s special educational needs.
- Letters from healthcare professionals outlining conditions affecting learning or behaviour.
- Documentation of prescribed medications and their potential impact on education.
- Intervention and Support Documentation:
- Individual Education Plans (IEPs) or SEN Support Plans outlining strategies implemented.
- Records of support services provided, such as in-class assistance or specialised programmes.
- Evaluations of previous interventions and their outcomes.
- Behavioural and Social Development Records:
- Observations from teachers regarding social interactions and behavioural issues.
- Incident reports highlighting specific concerns or recurring challenges.
- Assessments from child psychologists or counsellors addressing emotional well-being
- Parental and Pupil Contributions:
- Written statements from parents detailing observed difficulties and their impact at home.
- The child's own views, where appropriate, about their challenges and needs.
- Records of meetings between parents (or young person) and school staff discussing concerns and actions taken.
- Attendance Records:
- Documentation of school attendance, highlighting any patterns of absenteeism related to SEN.
- Correspondence regarding absences linked to medical appointments or SEN-related issues.
- External Agency Involvement:
- Reports from social services if the child is known to them.
- Documentation from voluntary organisations or charities involved in supporting the child.
- Letters from any other external professionals or agencies providing input or services.
Collecting and organising this evidence systematically will strengthen the application/ appeal for an EHCp, providing a clearer picture of the child's (or young person's) special educational needs and the special educational provision necessary to meet these needs.
Sean Kennedy.
Sean Kennedy
Talem Law - Academic Performance and Progress:
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