There are some common problems that may be experienced throughout the 0 - 25 age range.  These are grouped into different types of appeal, for ease of reference:

 

1.  Refusal to secure (undertake) an EHC assessment.

 

Remember that the only legal test that will be applied by the First-tier Tribunal is the following:

 

1. your child has or may have special educational needs and
2. he/she may need an EHC plan 

There are various 'myths' in circulation, often based on a misunderstanding that a Local Authority's policy (for example, a 'Criteria for an EHC assessment', is a legal policy.  It has no standing in law - it is just a local policy.   Examples include:

   

• 'Your child does not meet our criteria
• 'Your child missed out by 1 point.'   
• 'Your child is not in the bottom 2%'.  
• 'You must produce an Educational Psychology report.' 
• 'Your child's school must produce an Educational Psychology report.'
• 'Your child's school needs to arrange another Educational Psychology report as it is over a year old' (through the Local Authority's delay in responding to a request for an EHC assessment)
• 'Your child's school/college can meet his/her needs from their SEN budget.' 
• 'Your child's needs can be met through the Local Offer'.
• 'Your child isn't X years behind'.
• 'Your child does not need more that X amount of funding.'

 

For further information about this type of appeal see here.

 

2.  Refusal to secure (issue) an EHC plan for your child.

 

The only legal test that will be applied by the First-tier Tribunal is the following:

 

• Is it 'necessary' for the Local Authority to issue an EHC plan for your child?

 

Again, there are various 'myths' in circulation, often based on a misperception that a Local Authority's policy is a legal policy.  Examples include:

 

• 'It is for the school/college to carry out the EHC assessment.'
• 'The school/college has to collect all the evidence.'
• 'The school/college has to pay for the Educational Psychologist'.
• 'The school/college should not put forward any more children/young people as the Local Authority has 'too many'.
• 'The child/young person doesn't need an EHC plan as they can be supported by the Local Offer'
• 'The SEND reforms mean that the Local Authority does not have to make provision anymore.'
• 'Your child's diagnosis is over 12/24 months old so you will need to get a fresh one.'

 For further information about this type of appeal see here.

 

3.  Appeals about the 'content' of an Education, Health and Care (EHC) plan i.e. appeals about:

 

• Section B:  special educational needs
• Section F:  special educational provision (to meet needs and Outcomes)
• Section I:  placement

 

In several cases where a Local Authority is in the process of transitioning a child with a statement to an EHC plan, the following inaccurate statements have been made:

 

• 'the Local Authority doesn't need to take any new advice from anyone.'
• 'the Local Authority doesn't need to take any new advice from an Educational Psychologist.' (the current EP report is 15 years old).
• 'the Local Authority doesn't need to take advice from anyone the parent reasonably requests they take advice from'.