EHCP help - OT / SaLt

[DuggeeH]

Hi there,

Could somebody please help confirm the following regarding the EHCP?

We received our draft and sent back the amendments. There were no provisions for SaLt or OT in Section F (even though we mentioned to the EP at assessment that this is needed for our son and also on paperwork). It was a parental submission EHCP.

We’ve sent back the changes pushing for these therapies.

We’ve been advised the only way we can get the therapies is if a professional had highlighted them in any reports.

Is this correct?

Thanks 🙂

Yes that's correct. Where salt and ot reports submitted as part of the ehcp process?

Thanks for your reply @normanprice62

The only assessment we had was with an EP - we did mention that he requires the salt and ot.

We also noted it on the type of provision he will need when applying for the EHCP too.

The local authority (LA) is required to seek advice from all relevant professionals. If your son clearly has needs in these areas, have you asked the LA why those reports haven’t been included in his assessment? Another option is to submit your own reports, but if these needs are evident, the LA should have commissioned them as part of the process. While EP report is helpful, they cannot provide recommendations for Speech and Language Therapy or Occupational Therapy.

It’s important to remember that what you feel your child needs, and what you’d like to see in the EHCP, won’t carry weight unless it’s backed up by evidence from professional reports. Do you currently have any support with the EHCP process—for example, from SENDIASS?

To be honest, if you want actual therapy sessions written into Section F, private reports often stand a better chance of securing that, although some LAs don’t give them as much weight. In our case, the recommendations from a private report were directly copied into Section F. Either way, you should challenge the LA for failing to address these areas as part of the assessment.

@normanprice62 thanks for explaining it clearly, it starting to make sense now!

The EP report mentions none of these therapies. The SENCO is now asking if SALT and OT were requested when we were going through assessment - but surely they would have suggested this when the school had to fill out their section of the paperwork even though we applied as parents? The SENCO did send me paperwork which they had received from the LA for the EHCP process asking me to highlight the type of help he needed - I've noted SaLt and OT numerous times.

We have challenged the LA after receiving the draft, and noted why he requires the therapies so its just a waiting from them.

From your experience, would it be wise to go private to obtain an assessment for Salt/OT. Or could we ask our paediatrician for the recommendations?

The EP report won’t cover this, as it’s not within their area of expertise. These assessments should have been carried out as part of the process. Unfortunately, there are significant issues with both SALT and OT availability, which I suspect is why this has been overlooked. Local authorities often try to cut corners where they can.

Can I check what you’re ideally expecting to see for SALT/OT in Section F? A paediatrician wouldn’t usually be able to make recommendations in these areas that would carry much weight either.

From my experience, it’s unlikely you’ll get much direct input from NHS SALT beyond general recommendations for school staff to follow. Is the setting you’re considering mainstream, special, or non-maintained? If you’re hoping for actual SALT/OT sessions, it is possible, but you’ll most likely need a private report and to have that accepted.

You could be better off getting support with this via your local sendiass or ipsea etc.

Out of interest has the school submitted information? If so have you seen what they have submitted? Usually you would both be asked to fill out forms detailing needs. I'd be interested to see if the school have mentioned any needs in these areas.

We had private OT and SALT reports and submitted these as part of the parental NA request (school refused to request the NA)

The reports also had the specific and quantifiable provisions needed.

The LA said yes to the needs assesment, yes to the EHCP and then when we received the draft EHCP there was zero SALT and OT provision- we got a garbled message from them which i have pasted below.

Essentially the LA blamed the school for not coordinating a needs assesment and absolving them of any requirement.

Magically after a letter from the solicitor they "found" our private reports and added the provision in - we are still.appealingnas they didn't copy paste.

Hence my point is they did f.all work between me submitting the request and issuing the "final" EHCP. They also were happy to issue the final EHCP without these.

Hence you have to push back telling them they need to do this as part of the NA. Or you commission these privately and submit them.

Below is the nonsense they gave us

We have received an update from the NHS Speech and Language Service regarding xx. They will be contributing, but their input will be delayed due to their assessment and report process. We will incorporate their advice once it is received. Regarding Occupational Therapy, our NHS team has confirmed they have not contributed to xxx assessment as there is no current referral. This referral needs to be completed by the school so they can review it and confirm if they will assess and contribute for xxx to receive occupational therapy.Please be aware that the Local Authority has considered the private report you provided and has used the recommendations suggested to support xxx sensory needs, which the setting/school will deliver.

Additionally, the Local Authority (LA) does not direct schools on completing referrals. The schools would need to complete this on their end if they feel a child has needs specific to therapies.

My son has SEMH under his diagnosis and it's just to help with his anger management and communication needs when he becomes so dysregulated.

I am awaiting a reply from the SENDIAS to get further guidance but I do know they can take time to reply.

Unfortunately, we didn't get to see what the school submitted - could we ask the SENCO for this information or could they say no?

This is the section of the letter the solicitor sent with regard to the draft and the nonsense justification given by the LA to have sections blank.

Not sure if any help

It is entirely unclear why the Local Authority is seeking to be obstructive in this manner by denying xxx access to integral therapeutic provision, especially when it has not commissioned nor made referrals to the Local Health Board in both domains. On the basis that this is the only evidence available to it at this juncture, in addition to the Authority’s requirements to take into consideration the evidence provided in accordance with Regulation 6(1)(h) of the Special Educational Needs and Disability Regulations 2014, it has no position in which to oppose the provision proposed by both experts. A markedly different EHCP is therefore required by return that incorporates the substantial therapeutic intervention that xxx requires from hereon.

Forgot to mention he is currently in mainstream...we're possibly looking to change his setting to another mainstream but its a hard decision to make at the moment.

I posted on the OP’s other thread, but the OP’s situation is not the same as your situation @Alviemore.

In your situation, there was evidence you submitted (so you could request the necessary amendments based on the evidence). OP didn’t do that and didn’t request SALT and OT assessments during the EHCNA. So completely different circumstances to your situation. It wouldn’t be wise for the OP to delay now by requesting further advice and information when the OP may well have to appeal anyway. It is also likely the LA would refuse.

OP, you can request to see the information. If the school/LA refuse, you can submit SARs.

@Alviemore sorry what does 'NA' mean?

As there was no SALT/OT mention on the draft, we have pushed for this in the changes we sent back but is it too late to get this organised now?

Or...

should we wait for when the LA have replied back to our changes?

Thanks for your help :)

NA is Needs Assessment.

The LA may not reply to your representations before finalising. After issuing the original draft and giving you 15 days to make representations there is no further 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 your representations. They can finalise without consulting you again. Based on Reg 14 and SENCOP 9.125. They only need to issue a revised draft if they propose other amendments.

Proposed amendments need to be based on the evidence. Without evidence the provision is required, it isn’t possible for amendments to be made. So by all means raise assessments are required, but detailed, specified and quantified provision isn’t going to be included in F at the moment.

The LA is unlikely to agree to assessments at this point before finalising. It wouldn’t be wise to do that, anyway. It would delay when you may still have to appeal.

Your options would be to 1) wait until the LA finalise. Then appeal. Seeking independent assessments or requesting SENDIST directs the LA to seek advice and information. However, there’s no guarantee SENDIST will agree. Even if they do, it may not be brilliant. Or 2) seek advice and information between now and the AR/request advice and information as part of the next AR process. Although there’s no guarantee the LA will make the required amendments following the AR. You can request an early AR, but the LA may not agree.

This whole process is so frustrating - I wish I'd known this whilst applying for the EHCP. Clearly, I hadn't done my research correctly.

I naively thought if we mentioned it to the EP, they would recommend the therapies from the meeting we had with them. Plus, I thought the EP is the only person in this assessment process.

I feel I've failed my son and made a massive mistake.

Thanks for the advice.

You haven’t failed.

No-one knows what they don’t know.

Going forward, it will help for you to read IPSEA and SOSSEN’s websites.

Sometimes EPs will include a statement about any further assessments they believe they are necessary, but sometimes they don’t.

@flawlessflipper apologies i am aware that the ops situation is different I never inferred it was the same at all

@DuggeeH I apologise immensely if you thought this as implied by flawless flipper.

My point is / was that you have done nothing wrong and have instead trusted that the system who will look at a needs assement and an EP report and school plus home feedback should recognise the need for an OT / SALT input.

What my case shows that the LA / school cant even agree or know what they should / should not be doing and frankly the whole system is setting folk up to fail.

Hence dont feel bad.

I was posting for support @flawlessflipper but shall leave now.

@DuggeeH depending on where you are the in person sossen dropnins are very good and they also have virtual if not in your area. They also had a stall at a SEN school open day i was at recently so therefore also respected. I found them very helpful dymystifyjng what I needed to do and map my path / task list eg) filtering out all the advice you get on mumsnet from school.etc do this do that template, this law etc etc

Best of luck ill step away now and apologise again since @flawlessflipper has pointed out .

@Alviemore I didn’t say you couldn’t post. Of course you can it is a public forum. I didn’t say you weren’t posting for support either. You didn’t need to apologise. I was just pointing out it wasn’t the same situation and the reference to the SEN Regs from the solicitor quote wasn’t relevant to OP’s situation.