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  • Can we appeal on the basis EP requirements not being included in section F? Can we also appeal on area of primary need?

    Hello, I have a full time EHCP for my son who has ASD. He is currently out of school since Feb 26 following break down of mainstream placement and autistic burnout/trauma from unmet needs.

    Can we appeal recent EHCP review on the basis of EP report recommendations not being included in section F?

    The EP report has specified the following:

    The way forward with the highest chance of success is likely to be the following: An appropriate adult is identified to make contact with J's family, initially spending time in the house with parent/carer. o This adult very gradually becomes acquainted with J in a friendly way, with no demands or expectations placed upon him. o The adult is eventually able to play some games with J and/or talk to him about areas of specific interest to him. o The adult and J research areas of interest and then create some record of this. o The adult meets with J in an agreed neutral place to carry on the contact. o J visits an appropriate setting (without school in its title) with the adult. o J attends the setting with the adult. o Other pupils are introduced very gradually. Academic demands are introduced in a way which ensures easy success. o Academic demands are gradually increased, with enhanced support whenever needed.

    This is not in section F of the reviewed EHCP. The LA do not think the requirement for slow transition back into education needs to be cited in section F this for the reason:

    While the detailed transition process outlined in the report has not been specified within Section F of the EHCP, the Local Authority would expect any educational setting working with J to take account of the professional recommendations within the report when planning and implementing his transition arrangements. Section F of the EHCP specifies the long-term special educational provision required to meet J's identified needs rather than setting out a detailed step-by-step implementation plan.

    We asked for SEMH as the primary area of need but LA have rejected this and have stated his primary need is ASD. Can we appeal this? I am presuming it doesn't really make that much difference but we would also like a SEMH school in section I but for some reason they have put his mainstream school where he is still on roll (where we were informed they could not meet need but agreed to keep him on roll and pay for tuition until such time a placement becomes available).

    To summarise,

    Can we appeal on section F? (not including EPs recommendation for a slow re-integration back into setting), and what case law is out there regarding section F/EP recommendations?
    Can we appeal on area of primary need? (ASD/vs SEMH?) - Does it matter so much when the young person has trauma based needs? Surely you can be SEMH and autistic? Its just if yo are autistic I understand you are more likely to face trauma. Does it help to appeal this though if we would like a SEMH placement?
    Can we appeal placement? (LA stated mainstream but we understand mainstream cant meet need, parents would like SEMH?)

    Many thanks

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  • Can you do Elective Home Education and lodge an send tribunal for EHCP?

    Hi my child (mentioned before on here) is ASD with PDA. He is out of school following breakdown of place, unmet needs and autistic burnout. We have had an annual review and some helpful changes to section F but also large omissions that do not recognise his SEMH needs, levels of anxiety and requirement for therapeutic educational environment. Despite clear EP recommendations in the report that current mainstream setting is not appropriate, current setting has been listed in Section I - I don't even believe any school was consulted in the review process regarding Section I and the LA have just left it as the existing school (so it appears). We are going through the process of mediation and lodging an appeal for Sec B,C, F and I. At the same time, existing setting has arranged Alternative Provision in the form of a tutor. This is not working out well and is to the detriment of his wellbeing so it has been cancelled. The first visit from the tutor prompted him to elope outside, run through the gate and onto the high street in his bare feet and was extremely heightened. He has not been like this for 6 months so we are seriously contemplating elective home education as we do not want to continue to expose him to an education system that has done nothing but bring him trauma. Is it permissive to do home elective education whilst at the same time lodging an appeal at the send tribunal? Do you think the 'optics' may erode our chances of getting a place? or would this factor deem to be irrelevant in terms of the law?

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