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Pre draft EHCP questions(8 Posts)
I'm going through DS2's pre draft and I have a few questions. If anyone could help I'd really appreciate it.
1). His OT report hasn't been used at all. NHS OT refused to assess so I got a private assessment done. Emailed this to the LA SEN officer well within deadline. When I got the pre draft I emailed to ask why it wasn't included and she replied to say she'd never received it! Have emailed it again.
Can they refuse to use it?
2). Almost all outcomes say 'By the time of the next review, I will be able to x, y, z'. Tbh I don't feel any of these are achievable in the next 6 months (he's under 5). I want them changed to similar to 'By the time of the next review, I will begin to/be starting to'. Does that sound reasonable?
3). It's really wooly...'likely to benefit from', 'on a daily basis' etc. Am I right to ask for these to be more specific?
4). Apart from 'By the time of the next review' there are no timescales for any of the outcomes. Should there be both long and short term outcomes?
Hope all of those make sense? I'm pretty sure about what I want but I'm not so sure if what I'm asking for is reasonable or whether they have to do it.
Oh, I forgot 6. This might seem quite petty but it's really starting to annoy and upset me...
All through it it refers to me as Mrs and to 'parents'. I'm Miss and have never been Mrs mysurname. And in the application I'm the only parent named and the only one with parental responsibility. The reason it's upsetting me so much is because DS's dad died when he was a baby so he only has one parent. Now, the LA don't know this but I feel that by using Mrs and parents they're making massive assumptions. Nowadays it's not really an appropriate assumption to make anyway!
So would it be unreasonable to ask them to stop doing this and to change it?
1. They can refuse to use the OT report, but if you look at paragraph 9.69 of the Code of Practice, if they don't follow the advice they're required to say so and say why. If they don't have any alternative OT advice and no reason to suppose your report is inaccurate, it would be irrational just to ignore it - at the very least I would expect them to be prompted to get their own OT advice. They shouldn't take No for an answer from the NHS OT, since they're required to get advice that the parent reasonably requests.
2. Have a look at the stuff about outcomes which from memory comes just before the big table in paragraph 9.69 - probably around paragraph 9.65 or 66 onwards. That says that outcomes must cover a range of timescales, so outcomes that are limited to the next few months are clearly inadequate. It also says that they should be SMART - i.e. specific, measurable, assessable, realistic and time-limited. Something your DS hasn't a hope of doing isn't realistic. They should be looking at what outcomes are required by the time of the next review, by the end of the current key stage, and probably at least by the end of primary school.
3. Absolutely. Again, look at the stuff on section F in 9.69 which sets out that it must be specific and detailed and normally measurable.
5. Yes, they should make the effort to get your details write, it's not difficult.
There's some helpful information here - www.sossen.org.uk/information_sheets.php
Thanks so much - that's all really helpful.
It was actually them that requested an OT assessment - I hadn't mentioned it (although I would have pushed for it if they hadn't. They also asked for physio assessment which hasn't happened at all but I'm not so worried about that).
Ensure that all the professional assessments have taken place and the reports are included. The plan must contain a description of your child's needs that is as accurate as possible otherwise any provision stated will be flawed.
There is a good section on the educational equality website which shows which report should be used in each section. They will do a draft EHCP check as will sos:Sen.
Also totally unacceptable that your name is wrong, change it in every place it is incorrect and remove parents in the draft.
The LA will know that provision must be detailed and quantified, they will change it but only to what is stated in the reports so it is important to ensure that it is stated correctly in those.
I think this is my biggest problem - the reports aren't specified and quantified. Especially SALT by EP could be better too.
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