Ehcp and educational psychologist wait

[DownstairsMixUp]

Wondering if anyone had previous experience on this or advice...

My son has been diagnosed with a severe language disorder and it's looking likely he has autism, we started the ehcp process in September as he 100% needs one. The la agreed to assess him end of September. He has been seen by salt so far who have agreed they would input on an ehcp and have some brilliant therapy sessions planned for him in school if the ehcp is approved.

The problem is, we've been at a wall for ages now. The la won't give me a decision until the educational psychologist has seen him... they gave me the number and I asked how long it would be, they said "several months from now" which would basically mean all of year 1 has gone. He has not retained any information and the schools senco is brilliant but they have maxed out the extra help they can give him.

So is it worth paying for a private educational psychologist to assess? We are not loaded by any means but we've got a couple of grand set aside and I'm wondering if it's worth going private? He seems to be finding school a lot more upsetting since reception as it's changed from play to a lot of work. He cannot write anything apart from his name and he can't read a thing either. He really is suffering this year and I am finding it difficult myself. Has anyone ever paid for a private one and did it speed the process up?

Your LA are in breach of their statutory duties - EHCP timescales are set in law. See this IPSEA information sheet.

An LA EP not being available to assess/a waiting list isn't a good enough reason to not adhere to them. See this page. If they can't get a LA EP to assess in time they should commission an independent one.

You should threaten judicial review. Usually the threat forces action.

This is SOSSEN's leaflet on JR.

Write to your LA's Director of Children's Services complaining about them not sticking to the statutory timescales, that you haven't had a resolution despite previously complaining, and remind them that waiting lists is not an acceptable reason for not complying with the law. At the end of the letter state that if they do not arrange an EP appointment without delay then you will be forced to make an application for JR.

Usually the threat alone works, if not you will need to get someone to send a pre action letter for you. If you have to do this SOSSEN can help.

Make sure all correspondence with the LA is in writing and follow up all phone conversations with emails.

Also point out that if they can't get their own ed psych in, they have to commission a private one, and refer them to this ombudsman decision - www.lgo.org.uk/decisions/education/special-educational-needs/15-011-838

Like pp's have recommended make a complaint.

Don't pay for a private EP report as the LA have already agreed to assess and your dc will still need to see an LA appointed one. There is a massive backlog in assessments in many LA's and not enough resources to deal with it unfortunately so what you're experiencing is very common. What area are you in?

If they think the deadlines are just guidelines, refer them to the SEND Regulations 2014 which set out the deadlines - regulations are statutory, not guidance.

SOS SEN does a drop-in advice centre in Kent, you might find it useful to go there - sossen.org.uk/advice_centres.php

LAs are a law unto themselves. Our LA case worker told our solicitor they didn't have to abide by the Tribunal regulations. The solicitor was not impressed.

The bottom line is their policies, procedures and unlawful behaviour will not trump the actual law itself. And they most certainly will not wash with the SEND Tribunal or the Ombudsman.

Unfortunately they manage to fob off a lot of parents that way.

Knowledge is power Down.

Doesn't surprise me at all. I've seen it all before.Delaying tactics all the way.

It's sooo frustrating and so unfair when at the heart of all this is a child who is struggling.

Sorry to hear the LA's reply is just fobbing you off. I fear they won't do anything until you send a pre action letter at the earliest.

Sadly our LA only got their arses into gear when we involved a solicitor.

Up until that point we were either ignored or fobbed off. We just kept waiting for them to do the right thing. If I'd known then what I know now I'd have involved a solicitor much earlier. They were never going to the right thing.

I think once they start getting solicitors' letters, they realise you mean business and you are not going to go away.

So many LA's are not meeting statutory deadlines and tbh they don't seem to be that worried. The system is massively overloaded. Not enough SEN staff and not enough EP's to deal with the demand. Even if they do agree to use a locum EP, they might not actually get one as again there aren't that many. I do hope things get moving for you and your dc.

You can get legal aid if you are eligible.

www.ipsea.org.uk/where-can-i-get-help-with-making-an-appeal

We got legal aid for JR.

SOSSEN's JR nformation sheet I linked to in a pp explains when legal aid can kick in. SOSSEN can also help with pre action letters, if they can't help then yes you will need a solicitor.