EHCNA. Who should be consulted?

[FightingForAnEducation]

DD11 is being assessed for an EHCP. With my initial request to the LA, I sent in reports from SALT (assessed and discharged with no major issues highlighted) and CAMHS (referred on to ASD and ADHD pathway then discharged whilst waiting for ASD assessment) and also an EP report.

She sees a community paediatrician yearly as she has medicines to help her sleep, but I don’t think they would offer up much information as they only know of DD to prescribe.

She has OT who are submitting a report for the assessment.

DD’s main issues are ASD, ADHD and sensory. Is this enough evidence for the EHCP or is there anyone else I should ask to be consulted? Her school are not great and they have provided limited information.

TLDR: the LeA prior to assessment have
recent reports from EP, SALT and CAMHS. They are seeking advice from OT. Would this be enough evidence?

During the EHCNA the LA must seek advice from:
a) the child’s parent or the young person;
b) educational advice (usually from the head teacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

H can include SALT, OT, psychiatrist &/or clinical psychologist.

The existing reports can only be used instead of seeking new advice if you, the LA and the report writer agree they are sufficient. If the existing reports, particularly the SALT and CAMHS reports, weren’t written for the EHCNA process or with that in mind they are unlikely to be good enough as normal reports/clinic letters won’t detail, specify and quantify needs, outcomes and provision in the way that is necessary.

@JustKeepBuilding that is really helpful, thanks. The SALT report is only 6 months old but it was part of a routine appointment, not an EHCP. Could I go back and ask them to consult again? I thought if it was recent, they would refuse.

@JustKeepBuilding From reading these threads, you know quite a lot! May I ask another question?

The EHCNA is being allowed following an appeal (the LeA backed down before it got to the appeal) . When do the LA need to inform me if they are going to refuse her a plan? Is it 10 weeks from the date they told the hearing panel that they have agreed to assess?

You can ask the LA to seek new advice. They may resist, but you can still push for it. It depends on the report, many ordinary reports aren’t written with the EHCP process in mind so don’t detail, specify and quantify needs, outcomes and provision. If the current report does brilliant, but if it doesn’t then any potential EHCP is likely to be lacking as provision is taken from the reports.

The timescales depend on whether the LA conceded before or after submitting a response to SENDIST. I’m presuming after? If so, it depends on what is in the consent order as there’s no blanket timescales that apply. Mostly the timescales in Reg 44 SEN Regs 2014 are the ones used. If that’s the case for you if the LA aren’t going to issue they must inform you by 10 weeks following the Order. If they are going to issue they must finalise by 14 weeks. You can see more information here.

@JustKeepBuilding Thankyou. I’ve gone back to the LeA and asked for updated reports.

The LeA stopped the appeal ON their response date, so they never submitted anything to the hearing other than to say they will do my DD’s assessment. Does this mean they will have to notify me 10 weeks from the date they agreed to assess if they refuse a EHCP?

Yes, 10 weeks from when the LA informed SENDIST and if they are going to issue finalise within 14 weeks.

I asked the LEA to consult SALT again and they said they would. The response was that my DD was discharged from them and then nothing else; they told me I have to get my DD referred again to SALT but the back list will take so long.

Is this how it works?

No that’s not how it works. Email the LA’s Director of Children’s Services reminding them that under Reg 6(1)(h) SEN Regs 2014 they must seek “advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.”

You do not need a normal referral or to sit on the normal waiting lists.

Thankyou again. The LeA said that they did contact SaLT so have sought advice but all they got from that service was “discharged” so DD is not known to the service now.

Could the LeA suggest that as the SALT report I sent them is less than a year old that it is up to date advice? It had nothing to do with the EHCP at the time.

DD was originally referred for a speech impediment and then discharged but for the EHCNA, I want her social communication problems as the main point. She has no problems with speech (other than a mild impediment but she is clearly understood) but she does not know how to communicate properly or effectively because of autism and this is causing issues in her friendships and affecting how she feels about herself . She Could SALT help with this?

Not known to the service is not a lawful response. If the LA can’t assess in-house and the NHS can’t or won’t assess within the timescales the LA must commission independent advice.

Existing reports can only be used instead if the LA, parents and report writer agree they are sufficient.


SALT could help, it is about far more than the physical act of speaking.

@JustKeepBuilding I contacted the LeA again to ask again that they contact SALT. They said again that they will use the report from her speech impediment referral and we can just add any more information in later at an annual review if she gets an EHCP. I have gone back again and queried whether it needs to be done in 6 weeks or whether they need to look at private SALT. I do not see the reasoning in using a report which does not mention any of her social communication needs . It addresses her speech and language skills which were all ok so if this report is used, the EHCP will be refused .

Are you emailing the LA’s Director of Children’s Services? If not email them.

After reading your latest post I emailed the Children’s services director but the response I got was that I can’t jump the queue unless SALT allows it and that they won’t offer a outside NHS SALT assessment . I just have to wait and have it added later.

Email back reminding them under Reg 6(1)(h) SEN Regs 2014 the LA must seek advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from. And that includes SALT.

Remind them under Reg 8(1) SEN Regs 2014 anyone asked for advice and information must respond within 6 weeks.

State this must be complied with, to not do so is to act unlawfully, and if they genuinely can’t assess via in-house or NHS they should seek an independent assessment. Send them this ISPEA link. You could also threaten judicial review but only do this if you would actually follow through with the threat.

I’ve read the IPSEA link you’ve kindly sent and it says the request has to be reasonable and if the child is already on a waiting list this would be reasonable.

My DD is not on the waiting list for SALT but I asked them to consult for new issues. The LeA said because DD was not already waiting, they don’t have to agree with the six week deadline. I’ll read up on the guidelines and go back to them.

You don’t have to already be on the waiting list, that’s just one example. From your posts I think it is reasonable.