SENDIST Appeal - NHS OT & SALT Assessments commissioned by the LA - Do parents need to be informed and their permission taken first?

[ChrisInNeed]

On the LA's instructions, the NHS OT assessed DS at school on 19th May. I had granted parental permission for this specific visit and exercised my parental right to be present. Following an hour or so of "informal assessments" (She couldn't administer any standardised tests as DS already had a few of those by the indie OT and she so couldn't repeat the test she would have liked) she told me that she had finished her observations and would complete a "short" report in time for the Tribunal extended deadline of 23rd May. So far so good.

On reading her draft assessment report I was shocked to note that she made a second visit on 20th May! This was without my consent or indeed even without the courtesy of first informing me. (The draft report was completed 12 days after the Tribunal's extended deadline of 23rd may. On 23rd May, the LA asked Tribunal's permission for a further extension to 7th June to submit the OT report and I have already sent my objections. The Tribunal's decision on this point is awaited. The Hearing date is 16th June)

The draft report has a number of factual errors and misrepresentations but that is another story!

My understanding of the HCPC "Standards of conduct, performance and ethics" (Page 12) www.hcpc-uk.org/publications/standards/index.asp?id=38
is that Parental consent is needed for any "care or services" provided. There is an exception made for "emergencies" but I don't believe this applies here.

Question:
Is it fair and reasonable to argue that the second visit was done without parental consent and so in breach of the HCPC guidelines?

I had previously left written instructions with the SENCO and the school that all assessments/observations need my explicit written consent first but this hasn't been complied with.

A similar sort of incident happened a month earlier. The NHS SALT assessed DS without informing me. When I raised the issue she apologised with the excuse that this was due to ".. a delay in communication between parties (school/NHS/LA) due to different email systems being used"!

They can't see your child without your consent.
However i wonder if the OT classed the 2nd visit as part of the same assessment that happened on the 1st which you had consented to?

I think the same - the LA would say that it's day 2 of a two-day assessment which you consented to.

Devious and nasty but normal LA tactics.

The old chestnut of "different email systems" did make me lol. I had the same said to me only this week about my DS from my LA. The "different email" system didn't stop my LA communicating properly between departments when they were dragging me through Tribunal a year ago!

To highlight:
*All her previous emails are very clear that the assessment was planned to take place on a single visit on 19th May

*During the first visit, when I was present, no mention was made that she was having difficulty completing what she wanted. When she left she clearly said that she had done her bit and would sent a "short report" by 23rd May.

*She is well aware that I am keen to exercise my parental right to be present during any such visit and so would have come again the next day if she had informed me.

It looks to me that subsequently something happened to change her mind (The LA twisting her arms that a 'short' report was not acceptable?) and so she was forced to do a second visit.

Her report states "An informal assessment was carried out at XXX school on 19th May with the parent present. A second informal visit was then necessary on 20th May in order for me to complete my report."

Surely when she decided that a second visit was necessary she should have informed me and taken my consent.

Focus on the factual errors not your permission rights for now. It's so important content is correct.

AFTER the tribunal you can get heavy about permissions but the OT's in your LEA are particularly sneaky.

Fullly agree bochead.

I have written a succinct and thorough note of the numerous factual errors and misrepresentations which I will seek to be included as late evidence if the Tribunal does indeed allow the OT's report to be submitted so late. Hopefully the OT report will be disallowed.

Did the OT actually see your DC on the 20th? Because it just says informal visit, so did the OT go in and speak to school staff rather then see DC on the 20th?

Yes she did again visit the school the second day.

The report goes on to say "The second assessment was done during lunch time in the dining hall and XXXX was unaware of my presence for the duration of this observation."

Chris - so much is happening in your case which is just bully-boy tactics. Unfortunately the Tribunal will (to a certain extent) let them get away with them. I had the judge even saying at the start of my hearing "in the interests of justice" they would allow the LA to do xyz (which I had strongly objected to)

Concentrate on the goal - the hearing and the outcome.

But keep in minding during the hearing what/whom you are going to complain to afterwards and make sure that you slip some of this LA deviousness into the hearing. I did the same during my Tribunal, so when my complaint got as far as the Ombudsman 6 months later, I was able to say "it was mentioned during the hearing". It did carry some weight with the Ombudsman that it was raised at hearing even though the Judge ignored the deviousness

Just to highlight that her use of the term "second assessment" in her report clearly indicates that this was not a continuation of the first one.

Surely she has shot herself in the foot by stating "second assessment"?

I think the problem you will have if you go back to the Tribunal with this 2nd assessment and request that the evidence is dismissed, is that they will say "are you saying that you would have refused permission for the 2nd assessment?". In which case, you would have to say "no" because if you said "yes" then you would be hindering the LA's case.

Yesterday, another poster said that this is exactly what the Tribunal asked another LA when her LA tried to sabotage her assessment i.e. "Are you objecting to the assessment"

On the other hand, the Tribunal might not like it at all. The problem is that you never really know what way a Judge is going when they issue orders. Two different judges could give two different responses to the same issue (happened repeatedly in my DS's case).

I think what I'm trying to say is that if you have the emotional energy to put in an objection, then do so. But if you are feeling drained, then let this one go and concentrate on everything else and complain to professional bodies afterwards.

Agree SummerTime. This is a double edged sword so best parked until after the hearing.

Thanks to all for sharing their insights.

Cheers.

I agree with towie chris. Their behaviour is appalling and I don't agree with how they have behaved but at this stage take it on the chin and as a sign of just how devious a tribunal can make people become. Your hearing is getting close so do the document to highlight the inaccuracies ready for the hearing. The OTs behaviour can be dealt with post tribunal.