Independent Speech and Language assessment

[Davidsen]

Good afternoon,
i wander if anyone can offer some advice on the LA decision to refuse to except a private speech and language report as part of my daughter’s EHCP. Basically the LA failed to do ask for an SLT and a OT to assess my daughter during the initial EHCP assessment process. As a result they refused to issue my daughter with an EHCP. After seeking legal advice from a solicitor working for SOS SEN we were told that we should go back to the LA to ask for these 2 assessments to be done. The LA refused to commission these assessments and during our tribunal mediation process agreed that if we arranged to have these two assessments done they after reviewing the content issue us with an EHCP. We provided the LA tribunal team with a 364 pages bundle of supporting evidence. The bundle included private assessments from a speech and language specialist, pediatricians, CAMHS, OT, neuro developmental specialist and lots of other specialist. We also end up getting a speech and language assessment through Bromley healthcare. Obviously the private assessment recommended 3 times as many hours of support than the NHS one. Incredibly yesterday we received the EHCP draft and it only included the advice of the educational psychologist commissioned during the initial assessment. They left out every single recommendation made by all the other professionals including the NHS speech and language professional. I am clearly planning to add every single recommendation to the draft. My question is: can the LA refuse to add all the provisions recommended by the independent specialist? Can they choose add the NHS speech and language recommendations rather than the private speech and language ones? We paid over £6000 for all these reports. It was the LA tribunal team member that conducted the tribunal mediation that asked us for these private reports. How can they now ignore them?
Thanks David

The LA must consider all evidence. However, that doesn’t mean they will include all the recommendations from the reports. It isn’t unusual for LAs to be selective when they consider evidence. They often ‘consider’ and ignore more detailed, specified and quantified independent reports, unfortunately. Or at least water the wording down. When the LA finalise, you may have to appeal. SENDIST will take into account all information and won't prioritise LA reports just because they are LA reports.

If you have to appeal, don’t bother taking part in mediation. Just get the certificate and submit to SENDIST.

It has taken us 3 years to get to this stage. The LA officer that prepared this EHCP draft has done an absolutely terrible job. The question is, has the LA done this on purpose or is he completely an incompetent? I will need to spend days adding all of the reports and recommendations to the draft. Seems to be that all they are doing is delaying every single part of this process to slow things down and ultimately not spend any money.

Both. Many LA employees do not have an in-depth knowledge of SEN law. LAs intentionally make EHCPs vague and woolly with missing needs/provision/outcomes in order to save money.

If it has taken 3 years to get to now, the LA has not complied with the statutory timescales. Make sure they do going forward.

Conscious incompetence. Ask them to finalise so you can appeal. Don't do mediation, just get the certificate. By the time your hearing comes round, your reports might be out of date, just to add insult to injury.