For one Sutton family, the only way to get learning support for their autistic son was to take their case to a tribunal.

It’s a case that highlights struggles that are going on all over London as funding shortages mean it’s getting harder and harder to get local authorities to put support plans in place and offer one-to-one support.

Five-year-old Nathanael was diagnosed with Autism Spectrum Disorder in 2017.

And since then, dad Alan Courtney, 39, says that he and Nathanael’s school, North Cheam Farm, have been fighting to get an education, health and care plan (EHCP).

It’s a legal document that describes the special educational needs of a child and any extra help that is required for them.

Last September an application for an EHCP for Nathanael was turned down and this was when the “trouble started”.

In October, Alan’s wife, Gillian Courtney, was invited to a meeting with Cognus – the group which provides all school support services in the borough and is almost wholly owned by Sutton Council.

The 41-year-old thought that this was to discuss next steps in relation to the application but was instead told that the application was turned down.

Following this, the family decided it would take the decision to a tribunal, which took place in February.

Following evidence submitted, a judge ruled that Nathanael does have special educational needs and may need more support.

The judge, Stewart Hunter, said that Sutton Council should carry out an EHC assessment for the five-year-old.

“In the end, the judge said that it was quite clear that my son had a need and had ASD.  And despite the school having done everything in their power he needs an assessment,” added Mr Courtney

“Cognus did hold their hands up and say they had made mistakes but if I had made that many mistakes in my job I would at least have been given a formal warning.

“My feeling is that there is a lack of leadership or staffing problems.”

Mr Courtney, a clinical scientist for the NHS, added that he hopes with early help his son will eventually be able to manage without one-to-one support.

“My hope for Nathanael is when he was diagnosed his consultant said he would need one-to-one help and that is what the school would like too,” he said.

“His writing and reading is the thing he really struggles with. If he can improve that and his ability of following the class plan.

“If they can provide early help he could start on a one-to-one then hopefully withdraw it slowly.”

The Courtney’s youngest child Amelia, three, also has ASD and attends a specialist Dragonflies base at Thomas Wall Nursery.

Mr Courtney said he feels lucky she can attend the nursery but added that he hopes the EHCP process will be easier with her.

The family is now waiting for the assessment to be carried out which can take up to 20 weeks.

How many EHCP applications in Sutton are successful?

In response to a Freedom of Information (FOI) request, Cognus revealed that just 50% of EHCP applications were accepted on first application, a total of 78 in 2018.

So far this year only 40 assessment requests have been accepted on first application, an even lower 37%

Last year saw 10 parents take their case to a first-tier tribunal, of them four were successful in overturning Sutton Council’s initial refusal.

Both of the families that took the case to an upper tribunal, the next stage, had their EHCP rejections overturned.

In Sutton there are an above average number of pupils with EHCPs in its schools – 3.3% compared to 3% across England.

And over the past four years there has been a 10% increase in the number of children with EHCPs this reflects national trends.

The Courtneys are not the only ones struggling with the system in Sutton.

Last month we spoke to Hayley Harding who is desperate for an EHCP for her four-year-old son Matthew.

He is also autistic, has sensory processing difficulties and hyper mobility in his arms and hands and Ms Harding does not think he will be able to cope in mainstream school.

A petition for ‘major reform’ of the process gathered more than 550 signatures with a growing number of parents joining an online campaign group.

At a Sutton Council meeting on April 29 Councillor Marian James was forced to apologise to parents of children with special needs.

She admitted that incorrect and out of date information was provided on the council website.

Sutton Council has not responded to a request for comment and Cognus directed enquiries to the council.