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SEN

Here you'll find advice from parents and teachers on special needs education.

Help please

4 replies

MumofoneHELP · 13/09/2024 10:41

Hi, wondering if anyone can help me. My son is 5 - we have been on paediatric waiting list for over a year to be seen. He goes to school now in Yr1, an EHCP ASSESSMENT was requested a couple of months back and we are now awaiting an EP to be allocated (advised by council no idea when this will be at all)
School feel he needs 1-1 support most of the time really, and he is not getting that, pretty much a floating TA between two classes as when needed. He is struggling at school and it’s all just getting abit much now.
Can I pay for a private EP to assist with the EHCP? Does anyone have any experience with this? What other options do I have with him? Any advice welcome 🙏🏻

OP posts:
EndlessLight · 13/09/2024 10:57

The LA is in breach of the statutory EHCP timescales. You need to send the LA IPSEA’s model letter for this situation. If that doesn’t work you need a pre-action letter.

If you get an independent EP the LA should consider it. However, anyone good SIL have a long wait unless you are lucky with a cancellation.

The school could also request high needs top up funding. That doesn’t need an EHCP.

It is worth reading IPSEA and SOSSEN’s websites so you understand the process better.

Misscloudycat · 13/09/2024 16:52

No, you can't pay for a private EP as part of the assessment because it is a statutory process and they have to use their service as part of the assessment.
You can complain if they are in breach of timelines though

Misscloudycat · 13/09/2024 16:53

To add, access to high needs funding in some LAs absolutely does need an EHCP.

EndlessLight · 13/09/2024 17:37

The complaints process is not an appropriate remedy in this case because the timescales are too long. Threatening JR, a pre-action letter and, if necessary, JR is the way to force the LA to act.

OP could seek an independent assessment then submit it to the LA. The LA must then consider it because they must consider all evidence under Reg 7(b) of the SEN Regs 2014. If the OP, the LA and the report writer agree the advice is sufficient, the LA can use the EP report and under Reg 6(4) of the SEN Regs 2014 must not seek further advice from an EP during the NA.

LAs should not have blanket policies requiring an EHCP for element 3 funding.

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