EHCP, OT and funding.

[Violet44]

Have an EHCP for my son. Just got it. I wasn't happy with first draft because of lack of advice from OT for his visual perception issues and sensory issues that I think are big reasons why he doesn't focus at school. So I asked the borough to have an OT asses him and add input into plan (ed psych recommended this in their report so they should have done it. They said there wasn't time and the reason that they hadn't was because he wasn't known to OT. ( we live on border of two boroughs and he'd had OT from neighbouring borough but not recently.) So I got the borough to add in that Ot would assess his sensory needs and visual perception issues and advise school on strategies. I have heard from school senco that borough have provided funding for 9 and 1/2 hours support, but not the OT and SALT that's in the plan.

I know school have to provide it because it's legal document but also know funds are tight at school. Am annoyed at LA for not providing OT especially as I feel they were at fault for not seeking advice before EHCP was written. Parent partnership suggests I email case worker with my concerns. However I have already agreed EHCP and so have school would a strong ly worded email do anything? Is there anything I can do, was I being unrealistic to expect them to pay in first place?

I don't think it matters if you think that you have agreed it. I think that lots of people find their EHCP finalised so that the LA can meet the deadline without the assessments being completed. If the provision is not specific then it will not meet the legal criteria and could be challenged at appeal. Are you still in time to lodge an appeal if the final EHCP has just arrived?

Can you self refer to SALT and OT by any chance? They are funded by NHS not LA in my county.

They should have got OT advice as part of the assessment process, and it is completely irrelevant that the OT didn't know your child. The regulations say they should get expert advice as appropriate, and if their own EP has recommended it then obviously it's appropriate.

If the EHCP is clear about the requirement for an OT assessment and they haven't done it, you can enforce this. You should email the LA and point out that they have a statutory duty to organise everything in the EHCP and if they don't you will start judicial review proceedings. However, the problem is that, because OT provision itself isn't specified in the Plan it will be difficult to enforce. Tartan is right that you should probably appeal to get the whole thing tidied up, but you will ideally need to get your own OT, SALT and probably EP to do it properly.