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Ehcp assessment query - involvement of health(8 Posts)
Does anyone know whether OT and SLT aren't asked to assess as part of an EHCP assessment if the child isn't already under their services?
E.g. The LA can't ask them to assess unless the child has already been seen by them / referred by the paediatrician? (This is what the LA are telling me).
In this case there are private reports for both (particularly as in this county there is no OT after age 6 for sensory needs so no one to refer to anyway), but there is no guarantee the LA will use them, plus I understood that to get a full picture of a child's needs they would need to get an EP, OT and SLT to assess if there were identified needs there (which there are by school and private reports). There has only been an EP assessment and no plans for any more - so I can only hope they do use the private reports otherwise it won't be a true needs assessment!?!
Take a look at the IPSEA website for resources and info on EHCP assessments. You are entitled to ask for input from whoever you want (can't remember the reference but the law clearly states a list of people the LA is required to consult which includes those you request they consult with). So you need to make this point and ensure they're getting the right reports.
That's nonsense! The LA got a SLT working in one of their MLD schools for Dd's EHC assessment. Dd had never seen her before and had not been under local services for 10 years; and she was certainly not referred by a paediatrician, because she hadn't seen one of them for years either!
Thank you both for replying.
I think it sounds like an LA policy, rather than what is actually lawful.
I suppose in some ways if they don't have their own advice then using the private reports is better as they are far more thorough than any LA report.
I just hope I don't end up having to go to Tribunal to ensure they are included....
I noticed a post about this on the SOS SEN Facebook page earlier - I can't link the actual post, but this is the page - www.facebook.com/SOSSpecialEducationalNeeds/?hc_ref=PAGES_TIMELINE&fref=nf
The gist is they confirm this is definitely unlawful.
I knew it didn't sound lawful. Arg it really should be this hard!
It's clearly becoming more common for LA to say this, hence the need for SOSSEN to 'dispel the myth'
Another pitfall for people to be aware of!
shouldn't be this hard. The last thing I need is it to be any more difficult!
Incase anyone else encounters this, this is what SOSSEN say about it:
Myth of the week
YESTERDAY · PUBLIC
This one bears repeating and expanding, as we seem to be seeing it an awful lot currently.
"We only have to get reports from services that are already dealing with your child"
Sometimes put in slightly different terms, e.g.:
“There’s no point us asking for a speech and language therapy report, the local SALT service will only provide one if your child is already registered with them.”
Used by a number of LAs to avoid getting specialist reports from people like speech and language therapists and occupational therapists when schools/educational psychologists flag up relevant issues.
It is of course nonsense. As page 164 of the Code of Practice states, EHC Plans have to describe ALL the child's needs, not those that everyone already knew about before the assessment. Regulation 6 of the SEND Regulations 2014 sets out the advice LAs must obtain for assessment purposes - this includes:
6(f): advice the LA thinks appropriate; and
6(h): advice that parents and young people reasonably request.
Obviously if, say, communication difficulties are flagged up it is appropriate for the LA to get a SALT assessment, and reasonable for a parent to request it. Equally obviously if the LA's duty was limited to getting advice from NHS and other services already dealing with the child, that would be spelt out.
If the local clinical commissioning group refuses to provide a report, it’s worth pointing out to the LA that they were supposed by law to set up joint commissioning arrangements to avoid that type of problem. Also point out that the Local Government Ombudsman has made it clear that, if they can’t get the report from the CCG, the LA must go to an independent expert and seek to recoup the cost from the CCG.
If you encounter this excuse, ask the caseworker to tell you exactly which piece of law they claim justifies it. If necessary, tell them that if you have to go to tribunal because they've failed to get the right advice, you will be producing the correspondence to the tribunal and asking for costs.
Please also consider a formal complaint, if necessary taking it to the Local Government Ombudsman. It's a slow process, but really the more we can do to dispel these myths, the better.
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