How do I get an EHCP without a diagnosis and how do I access an alternate provision if we don't get an EHCP?

I have a 13 yr old son who has been home educated since Sep 25. We were failed by our primary school when they kept referring him for ASD and ADHD and telling us that he was "managing with scaffolding" when he was clearly struggling and failed all his SATs. He went to a private school for 1 year and they deferred him back a year because of his delayed learning, they did a Sandwell assessment that showed he was working at 7-8years old in every area, but then the school closed down so we chose to home educate (there was huge anxiety around school and learning and it had started manifesting as self harm also).

Since doing so we have realised just how far behind he is. The only official diagnosis we have is a visual processing disorder and after 3 ASD and ADHD referrals they all came back as inconclusive. We have an anxiety related Tourettes diagnosis and the consultant there wrote that he has an obvious learning disorder but then discharged us so we have no follow up for that. Our GP has just told us to get in touch with the LA to get an EHCP but I dont think that will do much good when hes home ed so we have no capacity for an ed-psych or similar. We are struggling with traditional home-ed as there is severe anxiety around learning in the traditional sense so I would like to let him access an alternative provision for 1 or 2 days a week but I cant even find anything that we can fund privately.

So I suppose my question is in 3 parts -
1. do I need to get a diagnosis or where do I get any support for a "learning disorder" and how do we find out the full extent of it? (hes had testing for global delay that was negative)
2. I know I need to start the process for an EHCP but Im at a loss how I do this as a home educator and without a diagnosis and no professional/medical support?
3. Is an EHCP the only way to access an alternative provision?

Annual Review Process - Can the LA cherry pick professional reports?

A quick bit of background. We have fought tooth and nail to have a SALT provision added to our son’s EHCP. This took well over a year and a full Tribunal process to achieve (We had to find and pay for the SALT provision through the whole tribunal). Even when ordered by the court, the LA has taken months to put anything in place. We have just undergone another Annual Review, and as part of that we submitted a new SALT report that increases the provision to 1:1 weekly 45 min SALT intervention at the school. The draft has just been issued, and they have ignored the updated provision, so we realise they are going to force us to go down another 18 months of Tribunal process to avoid having to pay for any more provision.

However, the LA have taken the updated part B from the new professional report and put that in the draft plan. They have then omitted section F from that same report, as that would be the bit that costs them money.

Would this be illegal, or at least a wrong use of the policy/code of practice? Could we use this to submit another complaint that we can raise to level 2, so we can then raise an ombudsman case or a undertake a judicial review?

My thinking is that it would contravene Paragraph 9.69 of the SEN and Disability Code of Practice specifically “Provision must be specified for each and every need specified in Section B” and court ruling on ‘R v The Secretary of State for Education and Science, ex parte E [1992] 1 FLR 377 CA’.

My source (https://www.ipsea.org.uk/r-v-the-secretary-of-state-for-education-and-science-ex-parte-e-1992-1-flr-377-ca)

By adding the new SALT comments on need into Section B, but then omitting the new provision in Section F, as specified by the professional report, they cannot claim that the provision is specified for each and every need in Section B.

I am no expert, so I realise that this might be clutching at straws. I have ten days left to comment on the draft (which was also late), but going back to the Tribunal again fills me with dread. I hope there is some way I may be able to force them to update the provision, but I realise that might be unlikely.

I thank you for any help you are able to give.

Edit - Spelling

EA 1996 s19 & what is suitable

Autistic, demand-avoidant Child with EBSNA and autistic burnout not able to attend school for mental health reasons. After 7 weeks of asking the Council for alternative education, school offered a tutor to visit at home. Refused by us (parents) as not suitable (child very protective of ‘safe space’ at home & needed to be offered something they could engage with). A PAP letter was sent from our solicitor to the Council and the response was that an allocated place was available (at the school he was unable to attend) and therefore the Council were not in breach of s19. EHCP was issued the day after this, naming the same school (who say can’t meet his needs) in Section I, and we are appealing.

Was it unreasonable of us to refuse the home tutor, and has the Council discharged its duty with any offer of education?

In Wales under the ALN code can a foster carer for a child request DRS?

How hard is it to move my child from a special school to mainstream?

My child has attended a special school all primary (ASD was nonverbal but now fully verbal). He now has a place in a special school in high. However, lately I am feeling that maybe the special school is now holding him back socially and academically. Academically he is behind but this is because he doesn't show his ability in school and isn't challenged enough or taught the curriculum as needed. Of course, I am grateful for the tremendous support he has received when he needed it and know so many families struggle to get a placement. However, having met the secondary school, they don't offer GCSEs and only FS in some subjects. Also, socially my child has struggled (outside school he socialises with children from mainstream but the gap is getting wider as he doesn't get enough social opportunities with similar children to him) and I feel it is affecting his development. I am torn between special school and mainstream. Special school is no longer a challenge and mainstream may be too much. However as I am thinking about this, please could someone help whether it is possible to move him to mainstream if the first year of high isn't suitable for him? We don't have any mainstream schools with sen units near us which would have been better. Its either or.
What is the procedure and what do you think is the best way to deal with this? I know he wants to go to college and I don't want to hold him back but I also want him to safe and happy and do what is best for him.
School said when I asked he isn't ready for mainstream but also admitted that he doesn't show his true self in school and have seen glimpses of him that suggests otherwise when teachers are not around.

Can an academy refuse to refer a disabled child for 14–16 Youth College/AP because she cannot first attend the same school she is unable to access?

My 14-year-old daughter is on roll at an academy but has been unable to access school consistently since October 2025 due to SEND/dyspraxia, anxiety/sensory difficulties and recently diagnosed Overt Hashimoto’s/hypothyroidism.

The LA has agreed Section 19 medical tuition on Feb, but no provision has started yet. We still have no confirmed start date, hours, tutor/provider or venue.LA don't always respond to emails or answer all questions.

The academy Principal originally suggested South Tyneside Youth College / 14–16 college as a good fit. However, he is now refusing to progress the referral unless my daughter first reintegrates into the academy on a limited basis. The difficulty is that the academy is the setting she cannot currently access.

Youth College is school-led referral/SLA route where the child remains on the school roll, so parents cannot self-refer. The LA says Youth College questions are for the school because it is school-arranged AP. The school has also said further correspondence will not be acknowledged until my daughter attends school.I requested a sar after the pa told me she had ran my complaint letter through chat gpt and would not accept it as it was 100% ai generated. They refused the sar. I will raise an I C complaint

I have submitted a Stage 2 complaint about the head refusal but that process is too slow because the Youth College window is time-sensitive they have trials in June and it's 1st come 1 served.

I am not asking for a guaranteed Youth College place. I am asking whether she can lawfully be blocked from even being considered because she cannot first attend the setting she is currently unable to access.

My main questions are:

1. If the Youth College route is school-commissioned, does the LA still have to act under Section 19 if the school’s refusal leaves the child without suitable education?

2. Could this be an Equality Act reasonable adjustments/disability discrimination issue if the school is applying an attendance precondition my daughter cannot meet because of disability-related needs?

3. What is the quickest route to challenge this, given the LA says Section 19 is being arranged but the school controls the Youth College referral

4. Will she be classed as disabled due to long term condition Hashimotos and ongoing anxiety she is awaiting Cyps appointment.


Thanks

Should I file for discrimination and victimisation? Given how the school is now trying to remove my child after i made a complaint.

School failed to follow complaint procedure and concluded my complaint without sending me an outcome letter. I have requested the complaint be reviewed at stage 2 which they are obstructing. I have sent the stage 2 escalation to the school admin team to foward to the Clerk to the governing body as the Clerk contact details are not publicly available, but the admin have refused to forward my stage 2 request. Should I escalate to DFE since the chair of governor has been inbolved and concluded my complaint without sending me an outcome of the investigation and denying me access to stage 2 process
Should i file for discrimination and victimisation?

Suddenly, they called an ehcp review last week and said they cant meet my childd needs on the basis pf limited progress and lack of engagement. They said my child requires a provision for children with severe learning needs. I disagreed because my daughter does not have severe learning needs. She has made some progress at her own pace. Limited progress is not a valid reason to say a school cannot meet needs. The techer said my daughter does not respond to her name. I disagreed because my daughter responds to her name all the time
The teacher then tried to argue that my daughter doesnt transfer her abilities/skill across a range of different setting even though she is able to perform the task. As an autistic child. I feel that she learns differently and as long as she is able to perform a specific task in one setting, that should count as an achievement . She needs to build confidence to be able to transfer that skill to another setting
During one meeting i had with the head teacher last year when i raised concerns a obout recurring injuries, she mentioned that staff find me difficult and they are worried that i might accuse them of harming my child despite i have never accussed anyone.
My concerns were regarding lack of supervision due to the frequency of injuries and school not being able to tell me how the child sustained the injuries.
During the same meeting with the head teacher last year, she suggested that i remove my child from the school i told her it was my childs first year in school and she should give her a chance and all i was asking was enhanced supervision.

Taking children out of school during term time

I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.

Can a school refuse a child with an ehcp who previously attended the achool

School are refusing to admit due to relationships with peers

Can the LA refuse to consult an Independent mainstream

My LA is refusing to consult a mainstream secondary independent unless I agree to pay the school fees, and they will pay any top up from the EHCP (very little support needed at the moment) my child is mainly SEMH does not want sen in a mainstream but wants to go to a small class size mainstream (independent) LA is refusing, I will appeal but is it lawful to refuse to consult the school? they seem to be using a loop hole by re stating they are not refusing to consult, they will consult if I agree to pay the fees is this lawful?