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?

Can Section F identify a school and its provision

In Section F of EHCP it is stated that 'Whilst at (named school)' the pupil will have X provision. The EHCP is written like this for most of Section F. Is this correct?

EHCP was issued with no school named. Initially mainstream but now agreed mainstream is not appropriate. The LA have consulted for a school place with incorrect diagnosis, stating that my daughter has MLD social and behavioural needs when she is SpLD, intelligent and has no social or behavioural needs. Are they breaking the law in doing this?

Understanding change of placement in section I after permenant exclusion?

My son is in year 7, EHCP and been permanently excluded.

He was in mainstream and I was trying to get a change of placement but the LA had not put the paperwork through in time and told me to wait. In which time he was PEX. I'm not appealing the PEX as it's pretty pointless, he lasted 10 weeks in Mainstream school.

Now the PEX has prompted a change of placement under section I. I have named a specialist, the LA are consulting on Parental preference. But they feel his needs can still be met in Mainstream and consulting with them.

Due to the PEX he is now educated outside of school and the LA have set him work online with a tutor online. Which obviously does not meet provision F. I also work full time and after next week I have zero childcare. I have complained to the director of children and suprise, nobody cares.

I have two questions with anyone that has been through this:
1.When the LA name a school that is not parental preference I have the right to appeal under SEN tribunal, this is currently a 9-12 month wait, is this triaged as more urgent as he is not in school? Also will the 'tutoring' remain in place whilst I appeal?
2.I have contacted every solicitor I possibly can to proceed with judicial review, can anyone recommend anyone that could take legal aid and has availability?

I actually have no idea what to do and I don't actually no how I'm going to keep my job. Anyone that's been through this experience and could share would be much appreciated, I can't find this situation online anywhere.O

Tribunal B, F and I (July 2024): the LA made a request to appeal, the case has been reviewed once (inconclusive), I am now awaiting a second review (with the original panel)

The LA want to carry out an Annual Review. Can changes be made to those sections which are being reviewed by the tribunal?

We are in the final stages of EHCP. We have requested EOTAS (to pay for online school) and a personal budget. The LA have said "County Independent panel have reviewed your request for EOTAS and personal budget to fund Kings Inter High, further information is required before EOTAS can be considered. We will be contacting F...... high school to establish if they are able to support funding Kings Inter High as E. remains on their school roll. We will also be issuing consultations to independent settings to establish suitability; these consultations will be shared with you before they are issued." My question is does the LA pay for EOTAS - why are they asking the school? The LA tried to unroll her from mainstream but we said they could not do this until they have provided alternative provision - and we request EOTAS - were we wrong to do so?

My daughter is happy at online school. She has tried two mainstream schools and cannot manage. She will not attend school in person and the EP report is fairly conclusive with this regard.

If we register our child through the standard secondary school admission process, will their EHCP automatically cease?

Our adopted, Year 6, daughter has an EHCP with VI as the main need. We chose a secondary school for her with a specialist VI unit, in a different county. They can definitely meet needs but have yet to agree to the placement. If we went through the standard admissions, she would be given a place in our chosen school as she is a previously looked-after child. But we have been told by our Local Authority that if we do that, the EHCP will cease. Is that correct, would that be a legal move?

Can I deregister child from school whilst awaiting an EOTAS package at tribunal?

Child has mainstream school named on EHCP. She is struggling attend due to high anxiety. We dont believe any school is appropriate currently and are hoping for EOTAS to be awarded. Can we deregister her from school whilst waiting for tribunal? Or would that make appeal at tribunal void and mean the LA would no longer be responsible for sourcing provision?

If a Tribunal rules for SALT provision, would LA use a private SALT already commissioned?

I am currently mid EHCP tribunal appeal over the addition of SALT and OT provision to section F. During this time, we have been privately funding a SALT ourselves who met our child and wrote a good report which became the foundation for the appeal.

Since then, there have been a couple of issues between the SALT and the school that have caused a bit of friction. We didn’t think this was too much of a problem, and just required a bit of meeting in the middle for both parties. However, the SALT has informed us that she doesn’t feel that she is a good fit and is politely withdrawing. Considering how difficult it was to get a private SALT in the first place, I’m not confident that we would be able to get another or if we even should.

Now I believe that if we win the appeal and a SALT provision is added to the EHCP, the LA would be entirely responsible for providing the specialist?

If we had a private SALT on board, would the LA take our SALT on board (which would require us to find a new one before the end of the appeal), or would they have to either provide their own (ignoring ours), or provide a personal allowance to us to cover the continuation of the privately funded SALT (if we can find a new one)?

My expected outcome is that we win the appeal, the LA then would be required to provide a SALT for the school, but the LA will not have one to provide (even if we do). They will sit on the tribunal ruling while we write letters of complaint that they are not providing the tribunal-specified support. Is there a clause or an act I should refer to when writing to the LA when this inevitably happens? What do you do when the LA just ignore the Tribunal’s ruling on the provision, to who do you go to next?

Many thanks for all your help.

Denied authorised absence, does it fall under equality act

My daughter has an EHCP detailing she is dyslexic & had ADHD. I take her to a registered charity specialising in teaching kids with dyslexia that I pay privately for. Last year the school authorised this under code b and now they are refusing to. Is there anything I can do or would this come under the equality act to make reasonable adjustments?