Georgina Estrella, a mother from West London, says Ealing Council is refusing to carry out an Education, Health and Care (EHC) assessment for her son Ryan, who has Autism Spectrum Disorder, Burnside Butler Syndrome, and Hypermobility. Despite these diagnoses and support from his former school, the council maintains that his needs can be managed in a mainstream setting without an EHCP. As a result, Ryan, who completed Year 11 in the summer, is currently not receiving any education, and Georgina is forced to take minimal work to care for him.
Mother cites low legal bar for assessment
Georgina told the Local Democracy Reporting Service (LDRS) that the only reason the council gives for rejecting the assessment is that they "don't feel like it." She said: "They have all the evidence from the school to say that he has additional needs, but on the court forms they just put: 'We don't think he has additional needs'." Ryan is mostly non-verbal due to selective mutism and relies on an iPad or written responses for communication. These non-verbal periods are frequent and prolonged, preventing him from accessing learning. He also experiences high anxiety, sensory sensitivities to noise, and frequent emotional dysregulation, including shutdowns and meltdowns. His physical needs from hypermobility include pain, fatigue, and occasional wheelchair use. Despite strengths in maths and logical thinking, his needs significantly impact his communication, learning, attendance, and progress.
Georgina believes the council is intentionally delaying the case to avoid funding support for a year, with the tribunal not scheduled until July 2027. She said: "The legal bar for an EHCP assessment is low - just that a student may have additional needs. They [Ealing Council] know the tribunal will rule in our favour, but dragging it out until next July means that they don’t have anything to fund until then…" She appealed directly to the council: "You don't have to wait for the tribunal, you can do something now. Please take us seriously and do the right thing."
Impact on family and education
During his time at school, Ryan was referred to the Educational Psychology Service due to increasing concerns about his needs. Georgina described the school as going 'above and beyond' for Ryan, but he did not achieve the required grades to progress to sixth form. This meant the family had to look elsewhere, but no colleges have been able to provide the level of support he needs without an EHCP. This has left Ryan and Georgina in limbo, with Ryan receiving no formal education and Georgina unable to work full-time to care for him. She said: "It’s really distressing. Educationally he is able, but he isn't being given the opportunity. For me, I do agency work, but I have to be at home quite a lot. Working full-time is impossible, which causes a considerable loss of earnings. It's distressing for Ryan as well."
Council responds
An Ealing Council spokesperson said: "We recognise how important it is for children and young people with special educational needs and disabilities (SEND), and their families, to receive the right support, and we understand the concerns raised by this family. Requests for an Education, Health and Care (EHC) needs assessment are considered individually and in accordance with the statutory test set out in the Children and Families Act 2014. Decisions are based on the circumstances of the individual child or young person and the information and evidence available to the council. They are not made on the basis of financial considerations." The spokesperson added that the council provided the family with its decision in writing, along with information about next steps. The family has exercised its right of appeal to the SEND Tribunal, and the council said it would not be appropriate to comment publicly on ongoing proceedings. The spokesperson concluded: "We remain committed to working with the family and relevant partners to support Ryan's education and needs while that process is ongoing."
