Reply To: LA refusing EHCP on grounds of mental health

[Dominic]

At the stage in the statutory process you are at, the only consideration is education. (special educational need and special educational provision are the only factors in consideration).

If you can demonstrate the health provision educates or trains the CYP then it is classed as special educational provision. You then need to demonstrate it is special educational provision that is ‘additional and different to that provided for the majority of others of the same age’ (wave 3) as opposed to just ‘differentiated and personalised’ (wave2).

DC