Ealing Council Refuses EHC Assessment for Teenager with Complex Needs

Ealing Council has refused to conduct an Education, Health and Care (EHC) assessment for Ryan Estrella, a teenager with Burnside Butler Syndrome, autism, and other educational needs. Ryan, who completed Year 11 in the summer, is currently not receiving any formal education. His mother, Georgina Estrella, believes the council is delaying the assessment process to avoid the financial commitment of providing support.

Mother's Concerns Over Council Tactics

Georgina Estrella told the Local Democracy Reporting Service that the council's stated reason for refusal is that they 'don't feel like it', despite evidence from Ryan's former school detailing his additional needs. Ryan has been diagnosed with Autism Spectrum Disorder, Burnside Butler Syndrome, and hypermobility. He is often non-verbal due to selective mutism, relying on alternative communication methods like an iPad. His needs significantly impact his communication, learning, attendance, and progress, with frequent prolonged non-verbal periods, high anxiety, sensory sensitivities, and emotional dysregulation, including shutdowns and meltdowns that affect his ability to attend and engage in school. He also experiences physical difficulties linked to hypermobility, such as pain and fatigue.

Ealing Council's position is that these concerns can be managed within a mainstream setting without an EHCP. Ryan's former school reportedly went 'above and beyond' to support him, but he did not achieve the grades required for sixth form. No colleges have been able to offer the necessary support without an EHCP, leaving Ryan and his mother in limbo. Georgina Estrella is currently undertaking agency work but must be at home frequently, making full-time employment impossible and resulting in a considerable loss of earnings.

Estrella believes Ealing Council is intentionally prolonging the case by pushing it towards the legal system. She stated that the legal threshold for an EHCP assessment is low, requiring only that a student 'may have' additional needs. She suspects the council is aware the tribunal will likely rule in her favour but is delaying funding any support until the hearing, which is not scheduled until July 2027. She has urged the council to take the family's concerns seriously and act now.

Council Responds to Concerns

An Ealing Council spokesperson acknowledged the importance of support for children and young people with special educational needs and disabilities (SEND) and stated they understand the family's concerns. The council explained that requests for EHC needs assessments are evaluated individually based on the specific circumstances and available evidence, in accordance with the Children and Families Act 2014. Decisions are not based on financial considerations. The council confirmed that it considered the request, provided the family with its written decision and reasons, and outlined available next steps. The family has since exercised its right to appeal to the SEND Tribunal. As the proceedings are ongoing, the council stated it would be inappropriate to comment further on the evidence or matters that will be considered by the tribunal. The council added that it remains committed to working with the family and relevant partners to support Ryan's education and needs during this process.

Next Steps

The family has appealed Ealing Council's decision to refuse an EHC assessment to the Special Educational Needs and Disabilities (SEND) Tribunal. A hearing for this appeal is currently scheduled for July 2027. The council has stated it will not comment further on the case due to the ongoing tribunal proceedings.