Education Health and Care Plans

I’ve been asked to help appeal a decision on an Education Health and Care Plan. The child has been refused additional help despite losing both hands and feet to meningitis. Does anyone have any experience of this type of appeal or point me in the direction of any useful help/guidance?

Any help would be greatly appreciated.

Have you spoken with the SENDCO of the child’s school? It will obviously vary but at the school at which I’m on the governing body of the school via the SENDCO very much take the lead on making applications and gathering evidence to support applications for EHCPs. Though it will obviously vary from school to school it may be worth speaking with them to see if they can provide any support or assistance.

I’d talk to IPSEA immediately - https://www.ipsea.org.uk/.

One of the issues with the rationing of resources is that LAs introduce tiered systems. “You need this. You get this.” and so on. Effectively it’s a way of shuffling people away from EHCPs and into a band where a whole level of support is detailed which is neither an EHCP but also doesn’t amount to much. Seen this recently with sensory services and children. Anything but an EHCP.

I would also consider a referral to the EHRC.

Thank you for the replies and I will speak to IPSEA. Excuse my ignorance but who or what is EHRC Mike?

Apologies. The Equalities and Human Rights Commission. I’ve involved them in this sort of thing before and it’s been remarkably effective in focusing minds.

The key thing is that the threshold for an EHCP is perceived to be quite high because of all the other layers LAs and schools put in below it. However, the actual threshold is remarkably low.

It’s always worth finding the OFSTED report too. A certain school in my area had one which explicitly said they had a disproportionately high number of special needs children but a disproportionately low number of EHCPs. helped the EHRC push the issue and was certainly noted at first tier appeal where the counter argument was the usual “Can’t be that bad as the school don’t do x, y and z” nonsense.

Mixed experience of SENDCOs. Have seen them write absolutely brilliant reports which then have precisely zero implemented because there’s no incentive for the school to do so unless an EHCP is in place. SENDCOs are also complicit to a significant extent in my view in accepting the tiered approach and putting parents off EHCPs.

also, go and read the various reports on BAILII from this tribunal; interesting stuff and will help you a lot…

Thanks to everyone for the replies. I’ll try to read through the relevant stuff later in the week.