EHCp question

[ArseInTheCoOpWindow]

I found out on Thursday by phone we’d received an EhCP. I haven’t seen the draft yet.

Can you ask for access to a pyschiatrist? We’ve been seeing private but it’s so expensive. How long would we have to wait to see one?

Anything that is typically health care provision that ‘educates or trains’ is actually considered special educational provision and belongs in F. That can include therapies/psychiatric support. The benefit of this is DC can receive support in excess of what they would otherwise receive and without the need to sit on the normal waiting lists. Anything detailed, specified and quantified in F must be provided and can be enforced. However, you will need evidence and may have to appeal. More general psychiatrist appointments providing input that doesn’t educate or train can be put in G, but it isn’t as easy to enforce.

I think we’ve got enough evidence. She was in the highest levels of need on the 2 points that were indicated. Both were related to mental health. I’ve not had the draft yet. But will request this.

Thank you

You don’t just need evidence of needs. You need evidence detailing, specifying and quantifying the exact provision DD reasonably requires.

Yeah, l just don’t think we need to submit more evidence. Theres enough to sink a ship unfortunately.

The Ed pysch did a very detailed report specifying hours etc, but we haven’t seen the draft yet. Could we suggest it? She so anxious she struggles to speak to people. She was better on Fluoxetine but we had to take her off it due to side effects.

When you get the draft you will get the opportunity to make representations, you can mention anything then that you think is required but not included. For comprehensive therapeutic input you will need more than an EP report because the range of therapeutic input required will go beyond the EPs remit. For example, do you have any of SALT, OT, clinical psychologist or psychiatrist reports (not just a general appt letter but one specifically for the EHCP)?

Also, has DD tried other antidepressants?

We have 2 pysch letters, several reports from ASD centre, lots from school, all focusing on social anxiety and mutism.

l can’t afford private pysch anymore and she’s not in school atm, so she is just at home. But she was better in Fluoxetine even though side effects meant she had to come off. She hadn’t tried another one because we’ve run out of money and are paying for a private ADHD report. But her sleep is terrible ( mentioned several times) and her anxiety is bad ( mentioned frequently on all evidence)

Has DD had SALT and OT assessments?

Is DD, or you as appointee, claiming PIP, and if you aren’t eligible for UC yourself has DD (or you as appointee) claimed that?

Has DD tried melatonin? If it doesn’t work there are other medications DD could try.

She hadn’t had assessment, but the recommendation on EP report is for extensive speech therapy. She hadn’t had OT assessment as she’s in burnout and can’t cope with seeing lots of people, but again sensory issues are in all the medical evidence.

She has top rate pip.

Mekatonin also messed up her sleep. It made her worse.

It is unlikely an EP report will be sufficiently detailed, specified and quantified in either SALT or OT provision. In case it is relevant in the future, you can request SALT and OT assessments as part of the needs assessment.

If you don’t claim with DD on your claim have a look at UC. It is worth considering other meds that can be tried to aid sleep.

She also self harmed.

The EP report suggested a particular technique from a specific person which l looked up. It does exist as does the person who wrote it. It’s the recommmeded one for mutism. It was quite a detailed report for with specific hours and how they would be used. It recommended 2 hours for this.

Can we request these? And ADHD? The problem is, she is so unwell she can’t cope with all the professionals atm. The EP took it that she was severely affected as she wouldn’t speak to him.

We have claimed full pip for her. We are her signatories as she wouldn’t speak to the person.

I know DD is in receipt of PIP, but if you don’t claim UC with DD on your claim, DD or rather you as appointee, should look at UC.

I didn’t say the report doesn’t exist. But, I suspect it isn’t as detailed, specified and quantified as you think because detailing, specifying and quantifying ongoing comprehensive SALT and OT SEP is beyond the remit of an EP. It is very unusual for an LA EP report to comprehensively detail, specify and quantified all the needs and provision reasonably required.

It would be too late now to request assessments as part of needs assessment. I mentioned it in case you ever requested a reassessment of needs.

I tried to request and they said they didn’t do it as part of the assessment. I tried twice and said they were breaking the law, but they refused

The casework ( off the cuff) suggested a school that had all this integrated. She said they’d pay for it

The only way of guaranteeing provision is provided is by it being detailed specified and quantified in F. It still needs to be in F even if it is embedded throughout the day in a SS. If it isn’t in F it isn’t enforceable. Unfortunately, many parents don’t realise something isn’t enforceable until they try to enforce it.

She said they’d pay for it

I bet she did! Ultimately, the responsibility for ensuring the provision is provided is the LAs, not the schools.

In future, if the LA refuse to comply with the law email the Director of Children’s Services reminding them of their statutory duties. If that doesn’t work threaten judicial review.

I’m so sick of them. I did email Director of Chindrens services. I also contacted SSENDIAS who said there was no requirement to assess at that stage.

They are lying fuckers, but l got MP onto them in the end.

Be careful with SENDIASS. Some are good, but too many repeat the LA’s unlawful policies. They receive LA funding so aren’t truly independent.

I know. I also knew LA were lying. But l was just too exhausted to battle them. It’s just one long battle.