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Tribunal

(17 Posts)
Ahhhcantthinkofag00dname Thu 19-Oct-17 14:44:14

Hi
We have appealed sections b and f of EHCP because speech and language support is not sufficient for our son (in our view and that of our indep SLT). Our main bit of evidence is our independent SLT report. Deadline for evidence is mid Nov and tribunal hearing is mid Dec.
LA have now requested that a SLT commissioned by then assess our son. Do we have to give consent? What are the considerations?
Thanks

notgivingin789 Thu 19-Oct-17 18:55:22

LA have now requested that a SLT commissioned by then assess our son

Seriously ? They are doing this.... (sigh) ok. Need a bit of a back story.

Did the LA speech therapist assess your DS whilst undergoing the EHCP process ? Did your private SLT assess your DS whilst undergoing the EHCP or during the appeal process ?

I ask this because if your private SLT assessed your DS during the EHCP phase it's quite common for the LA to come back and try to counter part your privately SLT report. If not, I hope you didn't show the LA your private SLT report... this would of been better if you submitted the report on the evidence deadline so the La have very little chance to counter part your private report.

But anyway, I will be inclined to email the LA and say " It wouldn't be in DS best interests to have another assessment, since his already been assessed by the LA SLT and your private SLT...". Not only that... it's strongly recommended you reassess your child every 6 months ! Before that, it's a red herring.

On the other hand, you don't want to be viewed as obstructing the case. All in all, I will contact SOSSEN first thing tomorrow and see what they say. They are very good.

Ahhhcantthinkofag00dname Thu 19-Oct-17 20:22:22

Thanks for your reply.
Background is DS got asd and verbal dyspraxia diagnoses at age 3 and went to a speech and language unit from 4-5. Then he was deemed better to go to mainstream and has settled well. Support is good apart from speech and language - no input from speech and language service for 18 months (since he left the unit) despite the fact he’s unintelligible some of the time esp of people don’t know him well. When statement got converted to EHCP without any speech therapy (only a speech and language programme) we decided to appeal. Our indep SLT wrote a report which we fed into the statement to EHCP conversion process (but was ignored) and on the advice of ipsea she did an updated report which we submitted with the appeal paperwork

Ahhhcantthinkofag00dname Thu 19-Oct-17 20:23:18

When the LA SLT called me today and I pointed out he’d already had a load of assessments she requested to see the indep report to ensure she didn’t do the same ones.

Ahhhcantthinkofag00dname Thu 19-Oct-17 20:25:03

There was no current LA speech and language reports used to draft the EHCP, just an email from the local nhs speech therapist saying DS wasn’t severe enough to be taken on to their priority caseload.

Ahhhcantthinkofag00dname Thu 19-Oct-17 20:26:58

Our indep SLT has recommended allowing the LA assessment to go ahead, she says they may even agree with her! It doesn’t “feel” right to be so obstructive but on the other hand I feel on the back foot as this is our first tribunal (no solicitors) and LA obviously do it all the time!

notgivingin789 Thu 19-Oct-17 22:00:37

aaaah I didn't realise it was you ! It's me..... I've NC.

notgivingin789 Thu 19-Oct-17 22:07:48

she requested to see the...

Really ? LA NHS SLT are not known for writing up very comprehensive reports / assessments. I think (I hope not and I'm totally guessing) she wants to see the Private SLT's updated version so she has a chance to conterpart it for tribunal.

I would give her a list of the assessments your private SLT assessed your DS with and ask her " What other assessment does he need doing ?" Honestly, assessment after assessment is not good for a child. I would highlight this even more with her.

But please contact SOSSEN, they were a Godsend for me !

Hedgesmum Thu 19-Oct-17 23:06:50

SOSSEN were amazing for me they helped my son get provision that we were told would never happen because of the uniquenss of his needs.

Hedgesmum Thu 19-Oct-17 23:08:06

Just a thought but they cannot repeat an assessment that was done only a short while ago as it invalidates the evidence.

Ahhhcantthinkofag00dname Fri 20-Oct-17 02:35:04

Hello not :-) and thanks both for advice, will contact sossen tomorrow.

Can you just explain what you mean by counterpart?

notgivingin789 Fri 20-Oct-17 19:48:24

Hi Ahh

I meant that they will try to disagree with your private SLT report... put in unsuitable recommendations and try to dismiss the private SLT report.

jigster01 Sat 21-Oct-17 14:29:33

When we submitted our private SLT report we sent it to LA and it was the best thing as they then agreed and realised he needed a lot more help and they eventually conceded the tribunal.The report was 40 pages ling opposed to their 3 page one. He went to residential special school for speech and is now thriving at m/s college .
Yes ,they cannot repeat the same tests ,I think within 6 month time frame ..
Do you think you may need EP report also ? All these reports are very expensive but are worth their weight in gold ...good luck

Ahhhcantthinkofag00dname Sat 21-Oct-17 15:11:39

Thanks for the further replies.

Jigster, that’s a positive story to hear. Our indep SLT report is quite long and very comprehensive. Not sure what LA slt will come up with...

We haven’t got EP report as it’s only speech and language support we are appealing - we’re fairly happy with rest of provision. But sossen also suggested we have that so I’m now wondering about that. Any thoughts anyone?

AngelicaM Sun 22-Oct-17 19:19:27

I really don't have any expert knowledge at all but we too are heading to Tribunal for contents of plan and provision and it does seem that it's all about the EPs. The emphasis seems to all be on what both sides EP say. But it is another big cost and it's not easy to track one down with availability as I've found out. And as you say it's only SALT provision you're contesting so hopefully they might concede?? Good luck!

Ahhhcantthinkofag00dname Mon 23-Oct-17 08:24:09

Thank you, I guess the fact that the LA have commissioned a SLT report but not EP suggests we are ok without one? But happy to hear any advice anyone has...

jigster01 Mon 23-Oct-17 16:38:04

We engaged a solicitor to help us secure out of county SS as we knew it would be a battle and he straight away told us we needed EP and OT reports as well as SALT I was dubious about ot report but it came back 14 odd pages long - the impact of his specific language impairment and severe auditory memory was huge on his whole 'being'. EP report was also nearly 40 pages and told us things we never saw- his anxiety was a main one ,but you are so use to your child that it takes a stranger to see things you don't .
Once these reports were submitted there was denying his needs. Now of course I don't know your child's severity but my DS needed at least 2hrs salt a week and to be in a school where the whole curriculum was to his needs-I've forgotten the word for it !! -it is a lot of money (we had Ruth Birnbaum ) but worth every single penny. Good luck

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