EHCP draft has no speech therapy

[MyHonestRedBiscuit]

My child's draft ehcp has come through. He has ASD, sensory issues and is working at the level of a 3 year old speech and language wise. He is due to go into year 2 in September. The Educational Psychologist recommended a hub but any near are full near me and having looked at them I know what my child won't settle there. Also looked at specialist but they are only for quite complex needs and he wouldn't settle ther either. The panel unsurprisingly said they would recommed mainstream. Private school speech and language wrote in a report stating what he needed, but the school would not provide this through SEN and gave him one out of the 3 sessions recommended monthly, hence they applied for an EHCP along with the other reasons, ASD, sensory issues, being very behind etc. I also had a report from the Educational speech and language from the the school borough, I live on the boarder and pay my Council tax to another borough but can't get my children in there hence the reason, can't get SALT from them either. The LA has had all these reports but has said it has not consulted them. It seems to be just ignoring everything with regard to speech and language. What shall I do? I am just so fed up and feel like I fight but what for! The EHCP is not worth the paper it's written on. He is actually getting more through just school SEND support which is basically just one session a month if thar.

You respond to the draft with your representations stating the amendments required referencing the evidence.

The LA must consider all evidence. They shouldn’t, but sadly, they sometimes ‘consider’ and promptly ignore or outright tell parents they aren’t considering some evidence. During the EHCNA, the LA must also seek advice and information from any person you reasonably request the local authority seek advice from. That can include SALT, although it wouldn’t be reasonable to request a specific independent SALT. Again, LAs often act unlawfully by refusing. And if you, the report writer and the LA agree they are sufficient, which will in part depend on how long ago the 2 reports you have were written and the quality of them, they must not seek new advice. The problem is LAs often say they aren’t sufficient even when they are.

The EHCP should be from your LA even if your DC attends school in another LA.

Thank you.

I did send them the letter from the IPSEA website stating that we as parents requested information from speech and language and occupational health but the LA said they refused to see my child as he did not meet the criteria. I heard nothing from them and just had a phone call to say he had been granted an EHCP. I then had this the draft today and they hadn't even consulted any speech and language therapist, all listed for them with emails, even though one of the reports was recent. Do they ever change their drafts or will I probably have to appeal. I asked about independent reports and I was told the LA wouldn't accept by the case worker and I didn't have time to get one. They have tried to get it through by sticking to the timelines but without the proper information which is pointless. Case worker on holiday now how convenient.

LAs do sometimes make amendments. However, sometimes they don’t amend or amend but don’t amend sufficiently.

In the future, if the LA ignores you or refuses, chase.

If one of the reports was recent, still up to date and was sufficient for the EHCNA, you didn't need new evidence, and if the LA and report writer agree it is sufficient, the LA must not seek new advice, anyway.

Thank you for your help. I will try and see if they will amend.

I've had to go to appeal for this, they also ignored our private SALT assessment. Still in progress though.

It's not a south london borough is it? Becaue we had the same 'doesn't meet criteria' spiel which i find insane for a social communication disorder with an EP report setting out communication challenges. I think the subtext is the LA has no SALTs to assess and are hoping we will go away.

Chasing our LA is like shouting into the abyss.

It isn’t limited to one LA or even a few, unfortunately. It is a well used excuse.

Hi no not South London but just as bad by the sounds of it.

They finally accepted to contact NHS SALT and they have submitted recommendations for an EHCP.

The case worker however said there will be no change to the EHCP plan for SALT. There is no reference to it in the draft plan. Yes it documents speech and language difficulties but no specific speech and language provision at all.

What is wrong with these people. Even with information given to them they still won't make sure my child's needs are met. What is the point. She is dodging my calls. I have emailed Director of

Hi not South London but just as bad by the sound of it!

LA finally agreesd to contact the NHS SALT who had provided reports and she provided recommendations regarding the provision required and review etc.

The caseworker has come back and said the plan does not need to be changed! They have just copied and pasted the Ed Psychologist report which fortunately was decent but it does not really have SALT input, which is why it was needed.

All she keeps on repeating is the 20 week deadline. She won't call me she just emails. I have emailed Director of Children’s Services twice, no reply.

Any advice?

Respond to the draft with your representations stating the amendments required referencing the evidence.

If the LA finalise without making the necessary amendments, appeal.

She is just sending the original. She won't send me another draft with any SALT recommendations. It is just unreasonable and wrong but I am learning I am not in the minority.

After issuing the draft and giving parents at least 15 days to make representations, there is no further legal requirement for the LA to issue another draft if they aren't going to make any amendments or the amendments made are a result of the representations. The LA can finalise without issuing a further draft. If they wish to make other changes, they must reissue another draft. SENCOP 9.125/9.126.

You should still make your representations with the proposed amendments. You don’t need the LA to send you another draft in order for you to do that.

LAs don’t always make amendments or amend but not sufficiently. That is why people have to appeal when the EHCP is finalised.