EHCP assessment

[JamesJaames]

Hi. I'm looking for some advice and have found mumsnet very helpful in the past! I requested an EHCP assessment for my 9 year old child in Oct last year. It was rejected and so I went to tribunal. The LA capitulated just before the cut off date and my request for an assessment was granted. This was in Feb. It went quiet - due obviously to the current pandemic situation - and then an LA EP contacted the school SENCo and us for a telephone meeting to discuss needs. My child has not been seen in person by anyone and has not had any input from CAMHS or SS either. I requested an OT assessment as well as part of the assessment but this is not being done because of no involvement in the past. I know this is not correct and they have to assess all his needs, however I do appreciate the situation at the moment makes this challenging, to say the least! So, my questions are, how much can I realistically expect them to do? I know the CV2020 bill has come in which has changed what LA's need to provide. My other concern is that if he's not assessed fully he won't be granted an EHCP. or it will be largely useless. Or pragmatically is it better getting something in place, .even if not perfect and get assessments done next year which can be added into the EHCP at the review next year? Would be extremely grateful for any advice!

The amendment to the SEND Regulations which came about under the Coronavirus Act wasn't retrospective, so the local authority can't claim any rights to a time extension. After your appeal was conceded, the LA was required to start the assessment within two weeks, and they were supposed to tell you within ten weeks of the date they conceded whether they were going to issue an EHC Plan.

As part of the assessment, the LA has to get advice and information from an Educational Psychologist and Social Services, and any other advice that is appropriate or that the parent reasonably requests. This doesn't necessarily mean that an EP has to carry out a full assessment, but it's very questionable whether they can give reliable advice without doing so. EPs are currently carrying out assessments online. Likewise, if there was evidence justifying the need for OT and CAMHS evidence, the LA is required to get it.

The trouble is that many LAs are ignoring the regulations. I've heard that lawyers are looking out for cases where they can take action through the courts to enforce them, using legal aid in the child's name. So you could write to the SEN Department pointing out their legal duties in relation to assessment (it's in Regulation 6(1) of the SEND Regulations 2014) and ask them to confirm ASAP that they will seek the required advice as a matter of urgency, and warn them that if they don't you'll have to consider judicial review. If they don't respond, you'll need someone to send a formal pre-action letter. Apparently SOS SEN do them at a fixed price as that bit wouldn't be covered by legal aid normally.

Whether you do that or not, you should also point out the deadline for issuing a decision and ask the LA when they expect to produce it. You may be better off pushing them into a decision so that you can get on with an appeal if it's a no, and if it's a yes push them for a draft EHCP. If they agree to get the right reports they might need to wait till they're ready, but you need to keep pressure on otherwise this could drag on for weeks.

Hi Jamea, we are finalising my son's EHCP now and have to put a draft plan in place before he is seen by an SLT as this might take a while and will be virtual (zoom) so a little limited. I wouldn't want a place without an EP assessment that includes observations in the classroom environment as it wouldn't give any real insight into his difficulties. It is tough but it might be better to wait until they can do a proper assessment rather than rushing it through, as you suggest. Good luck, and I hope the school gives you the support you need in the meantime.

Thanks all - lots of helpful advice there.

Book an appt with Ipsea. They are excellent.