LA will start assessment for EHCP only relying on my evidence: no other reports will be done. Is this possible?

[Budur]

Hi, I hope someone had this situation. I got a letter from LA dated 2 days after submission of the request that they will now start the assessment For EHCP and the date we submitted the request is the start of the 20 weeks period. Is this real? Can they decide in 48 hours instead of the stated 6 weeks? I did provide all the information possible supported by evidence from school for the last 4 years on limited progress but still? I am expecting it is a mistake and will call them to confirm. I was expecting a refusal in the first instance.

Second part of the question: the letter says that they have all the evidence and reports they need and will prepare the case for the panel. Arent they supposed to run their own assessments? I have all the reports: from SLT which is very recent but EP is 3 years old although still relevant plus others. I thought they would want to update it or saving on costs? Also the reports were done for us - parents and the school to help the child, not LA and they do not have outcome advice: how many hours of SLT the child needs or which school or what level of 1:1 support is needed from EP report.

From what I have read the parents also need to agree that the reports are sufficient to go ahead with assessment, this is not just LA's decision.

So what would be suggested course of action: if we are already at the second stage: assessment, let them go ahead with it on the basis of what I have provided to them already and see what the decision may be: refusal or draft EHCP. I have indeed provided a lot of evidence or they are trying to save their funds. I am afraid they can just say that they have assessed and there is no need for EHCP and I will have no time to react and provide extra evidence.

Or call them up and say that I do want them to update EP report or I can ask the EP who did it for us 3 years ago to do it and ask SLT for an update of SLT just stating clearly how many hours of SLT support she needs. And not let them go to the assessment panel without this extra Evidence? Thanks for any feedback.

Yes, they can certainly decide within less than six weeks. The Code of Practice says they should deal with the whole process as quickly as possible but in any event within six weeks.

No, they can't just carry on without carrying out assessments. Look at Article 6 of the SEND Regulations 2014 which sets out the advice and information they must get. Amongst other things, they have to get an EP report - the can only decide not to if you agree. They should also get things like SALT and OT reports if relevant - the regulations say they must get appropriate evidence or reports that you reasonably request.

I would ask the SALT to do an update with specified hours and ask for that. However, it's a bit more difficult with the EP. If you insist on them getting an EP report, they will get their own and it will probably be vague and waffly. If they're prepared to go with yours, again it could be worth getting an update.

Thanks! I called them up today and apparently its a standard letter when they decide whether to assess or not. the way the letter is written is very confusing though! so we are at stage 1 so we shall see whether we will move to stage 2.