Independent reports dispute. What is the law?

[JustGiveInAlready]

I can’t find a definite answer online regarding whether the local authority must accept independent reports when deciding whether to issue an EHCP.

The local authority recommended an independent advice service but upon speaking to them, they said the authority do not have to look at independent reports.

The IPSEA refusal to issue pack says the authority have a legal duty to consider all evidence provided by parents.

Which is correct? Are there any regulations where this is clear?

The local authority recommended an independent advice service

I presume you mean SENDIASS? Don’t listen to them. Some are good, but too many repeat the LA’s unlawful policies and practices.

Trust IPSEA. As they state, the LA should consider all information. It is not acceptable for the LA to have a blanket policy of refusing to consider independent reports just because they are independent.

If the LA has refused to issue, just appeal. Trying to negotiate with the LA rarely works. SENDIST considers all information.

@OvertakenByLego yes they are the service. I will avoid as even I was aware as a lay person some of the information they were giving me was incorrect.

I have appealed; it’s awaiting to be registered with SENDIST. Very frustrating though as our independent reports have been ignored completely.

DC is not able to access a service recommended in the reports without an EHCP, as that is the threshold the authority apply for accessing that service; but the authority won’t give us a EHCP. It’s rather comical if not infuriating at the same time.

SENDIASS isn’t truly independent. They receive LA funding, so many will ultimately toe the party line.

As frustrating as it is, ignore the LA’s blustering. SENDIST consider independent reports. How old are the reports?

@OvertakenByLego All reports are less than 3 months old.

Brilliant. I asked because if they were older I was going to suggest getting them updated.

@OvertakenByLego Grateful for your help!

My understanding is that the LA ultimately decide but they have to consider your views so you need to say that you want them to consider the report. If they don't then you can go to tribunal under section 6 (1) of the SEND regulations 2014. https://www.legislation.gov.uk/uksi/2014/1530/regulation/6/made They have a duty to consider (as IPSEA say) but may decide the person is credible. I think they would have to be careful how they prove that though.
It is really difficult. The LA's have a mindset that 'independent' means 'paid to say what parents want and will cost more money.' This may sometimes be the case but most professionals are part of professional bodies and abide by the rules and regulations and have integrity. The NHS services are so overwhelmed that they are commissioning 'independent' services for diagnostic assessments in some areas.
I think it is unprofessional and downright rude to disregard someone just because they are not on the LA payroll. What a waste of money to have to go to tribunal - that is not in anyone's best interests. Makes me so mad!!!!! 😡

Just looking into this myself as ive just submitted a private EP report for my son and was wondering how yours went? Thanks x

The LA has to consider all the reports, but that doesn't mean they have to accept them or follow them. They can and almost inevitably always do prefer their own advice, notably because it tends to be a lot cheaper and more prescriptive.