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EHCP - wait for review or appeal now?(4 Posts)
Hi all I feel like I have started quite a lot of threads regarding EHCP, and sorry about that but am really desperate. SOSSEN is closed for Easter so I would appreciate if anyone can give me some advice or share experience.
Had a meeting with LA regarding the draft and basically there is nothing they will do as evidence - mainly LA EP and school - is not specific enough. I think I will just let them finalise it so I can ensure I know where dd is going for reception and set up transition meetings.
As she's under 5 we can have a review in 6 months at the new setting. I've been thinking of getting a private EP report for appeal - got in touch with one and she also suggested I can think about waiting for review and get new evidence then, and dd is still young the provisions she needs are not that complex (we are mainly struggling to get enough 1:1 for her). However, I did submit private reports (not EP) for this assessment and they totally ignored them so I don't know if they will take the private EP report into account at review.
Is there a way I can force my LA to take into account the private reports?
And is it very difficult to get better provisions at review?
The LA are supposed to take account of private reports but in reality will ignore them. If you feel you have enough evidence to support an appeal then appeal at this stage to get the support that she needs. A tribunal will take private reports into account - without them we wouldn't have the support we need for DD.
You will almost certainly need to review her needs after she starts school anyway as it will highlight things you weren't aware of, but also you may find she copes with things you didn't expect too. As they get older and pressures change the provision will need to adapt - this is why you review each year.
You may well be wasting your time, but I think it could be worth pointing out to the LA that under paragraph 9.69 of the Code of Practice they have to have specific and detailed provision in section F, and if the advice isn't specific enough they should go back to their experts and ask them to specify. Also, have they gone to the right experts? LAs are great ones for not bothering to get SALT and OT advice, but in law they should get it if it's appropriate or if you as parent reasonably request it.
Paragraph 9.69 also says that, if the LA decides not to take into account any of the evidence submitted to them, they must explain why in the EHCP. It could be worth pointing that out to them, so that they at least have to think about it.
I wouldn't pin too many hopes on getting amendments at the review, particularly in relation to specific and detailed provision. If the school thinks she needs more support and is prepared to join you in pressing for extra funds for this, that could be helpful. However, you will have a further right of appeal after the review and that could make some sense, as you will have evidence as to whether your child is or is not making progress with the level of support given.
Thanks beautiful and Mega! The LA did sort out SALT and OT advice from their side but ignore the private reports. I feel that our only chance will be going for appeal for them to be included. I've been reminding them of regulation 9.69 and ask them to explain why they are not included but they didn't respond. I think you are right that perhaps it makes more sense to appeal after the review in 6 months as dd is to go to a new setting and it would help if the new school backs us up. It gives me more time to sort out a private EP assessment that can take place at the new setting, I assume they will ignore the private EP report at the review, so I think appeal after review is our plan now.
Thanks a lot
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