No EP available

[nothappytobeheretoday]

Good evening, I am sure I saw a thread on this but I cannot find it. If the LA cannot find an EP to do a report in the 20 week timeframe are they required to commission a private EP report? Is there legislation I can quote to back this up?

I've been told a request was put out in December but there are no EPs available.

Thank you very much.

Here is IPSEA’s page.

The LA must comply with the statutory timescales. Staff shortages are not a lawful excuse not to comply. If the LA can’t assess in house within the statutory timescales they must commission independent advice.

Anyone asked for advice must respond within 6 weeks (Reg 8(1), SEN Regs 2014).
If the LA aren’t going to issue they must inform you by week 16 (Reg 10(1), SEN Regs 2014).
If the LA are going to issue they must finalise by week 20, in order to do this they should send the draft by week 14 (Reg 13(2), SEN Regs 2014).

Email the Director of Children’s Services reminding them of their duties and informing them if they fail to comply you will be forced to pursue judicial review proceedings. If that doesn’t work contact SOSSEN for help with a pre-action letter.

To clarify, Reg 13(2) refers to the 20 week deadline. That reg doesn’t explicitly state they need to send the draft by week 14. That comes about due to the time the LA need to allow to go through the process from draft to finalising.

I really can't thank you enough @JustKeepBuilding !!

Out of curiosity, if they are going to breech the deadlines anyway at this point, what benefit is there to judicial review? Is it to penalise them and hope that they do better for the next child?

If we proceed with judicial review at this point, I wouldn't want there to be any negative or retaliatory blowback on the EHCP itself - is that a possibility? I wouldn't want to meet with future issues because we stood up for what should have been done initially?

The point is the to force the LA to act now rather than stringing the process out for months and months more, which is a possibility if you don’t pursue enforcement action.

Unfortunately, DC whose parents know the system, advocate for them and enforce their rights get better support. It shouldn’t be like that, but you need to show the LA you know the law and you will act if they do not comply with it. If you allow the LA to get away with this one they will continue to take liberties in future.

Thank you for clarifying. This is all so infuriating!

Unfortunately it isn't quite as straight forward as commissioning an independent EP, even if they had the finances to do so. The reality is that even independent EPs are fully booked and not available to the LA. The whole system is creaking with not enough resources to fulfil need.

Independent EPs are also under pressure, however if LAs try hard enough and and pay appropriately they can secure assessments within the statutory timescales. I have helped numerous parents where LAs say they can’t find an independent EP (also insert others such as SALT and OT here) within the timescales and every single time when forced to they can.

The LA claiming lack of funds is not a lawful excuse to not comply with the law.

We had an EP assess a child via Teams from Ireland, she was the closest the local authority could find!