Ealing Council Accused of Stalling SEN Tribunal

Mother says borough trying to dodge support costs

Georgina Estrella. Picture: Facundo Arrizabalaga/MyLondon

October 3, 2026

A woman claims Ealing Council is refusing to carry out an Education, Health and Care (EHC) assessment despite her son having several additional needs.

Georgina Estrella, says that despite her son, Ryan, living with Burnside Butler Syndrome, autism and other educational needs, the council are refusing to support him. As a result, she is forced to take minimal work to look after her son who is currently not receiving any education after completing Year 11 in the summer.

On why the council is rejecting to assess her son, she told the Local Democracy Reporting Service (LDRS): “The only reason that I can get out of them is pretty much that they don’t feel like it. 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.”

This is despite diagnoses of Autism Spectrum Disorder, Burnside Butler Syndrome and Hypermobility. Ryan is also mostly non-verbal due to selective mutism and relies on alternative communication such as an iPad or written responses.

These non-verbal periods are frequent and prolonged, which prevents him from accessing learning. He also has high levels of anxiety, sensory sensitivities to noise, and frequent emotional dysregulation, including shutdowns and meltdowns that affect his ability to attend and engage in school.

He has physical needs linked to hypermobility, including pain, fatigue, and occasional need for a wheelchair. Although he has strengths in maths and logical thinking, his needs significantly impact his communication, learning, attendance, and progress.

Ealing Council’s position is that these concerns – supported by his former school – can be managed in a mainstream setting without an EHCP. During his time at school, he was referred to the Educational Psychology Service amid increasing concerns about his needs.

Ms Estrella described the school as going ‘above and beyond’ for Ryan, however he did not achieve the required grades to progress to sixth form. This meant the family had to look elsewhere – however no colleges have been able to provide the level of support he needs without an EHCP.

This has left Ryan and his mother in limbo – without any formal education for Ryan – meaning Ms Estrella unable to work full-time so she can take care of Ryan. She added: “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.” 

Georgina believes Ealing Council is intentionally kicking the case into the legal system to avoid funding any support for a year – with the tribunal not being heard 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…

“[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.”

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.

“In this case, the council considered the request and provided the family with its decision and the reasons for it in writing, together with information about the next steps available to them. The council first decides whether an assessment is needed, and only after that assessment does it decide whether to issue an EHC plan.

“The family has exercised its right of appeal to the SEND Tribunal. As those proceedings are ongoing, it would not be appropriate for the council to comment publicly on the evidence or matters that will be considered as part of that process.

“We remain committed to working with the family and relevant partners to support Ryan’s education and needs while that process is ongoing.”

Philip James Lynch – Local Democracy Reporter