What does EP report need to say as part of EHCP process?

[Budur]

Hi, got draft report from EP appointed by LA - going through EHCP process. The report generally is good and highlights her issues (evidenced from other specialist reports we have submitted). What the conclusion needs to say? Our is just general saying she needs specialist teacher support, doesn't mention the hours needed per week. Is the hours and the qualification of TA need to be mentioned in draft EHCP only? I really need it to be a TA trained in her special needs. How would they know what hours they need? I thought it would come from EP? Also doesn't say that she needs SALT - although that is her main issue and she does have SALT sessions now. Again, does it only appear in draft EHCP? Thanks!

The EP certainly needs to make recommendations about that, given that the LA has a statutory duty to specify and detail provision in section F. Can you contact him and ask him to do that?

As Ceto says.

The EPs are very often instructed by LAs not to be specific, thus flouting SEN legislation. If a gentle reminder of their obligations does not work, advise them that they are knowingly ignoring the SEN code and that you will report them to the HCPC (the professional body) for unprofessionalism and not working in the best interests of the child.

Interesting - I have been working in an EPS writing these reports and was advised never to specify a) that a child needs 1-1 support or b) exactly how many hours of support or small group work etc that the child should have. I was told the reason was that “we can’t make that call, it’s up to the LA to decide when they’re writing the EHCP.”

I wasn’t aware that was flouting SEN legislation, I will have a look tomorrow.

That's interesting, sugared. I wonder why EPs don't question that? Why on earth would they accept that some case officer in an LA knows better than an EP about whether a child needs 1:1 support or not, or how many hours they need? The plain fact is that an LA will never include 1:1 in an EHCP or specify hours unless a professional advises on it; and the reality is that they don't want it specified because it involves more expense and makes the support enforceable.

Good advice above about the EP report, just to add it would be the SALT report that would indicate she required SALT sessions and similarly that should also quantitate exactly how that would look with no phrases like 'should have access to' etc but detail of how long each session should be, how often, with whom and how regularly reviewed.

The LA EP report for my daughter's EHC plan was very poor. No actual testing performed, all based on limited observation and TA's comments. I emailed him with my concerns and he made some very slight changes. I insisted all woolly general phrases were removed and he did that.

Sugaredalmonds, your comments are very worrying but not very surprising unfortunately and our young people deserve so much better than this.

The EP should be complying with the requirements of paragraph 9.69 of the SEN Code of Practice as to specific, detail and quantified provision in section F of the EHC Plan. The use of vague terms have been repeatedly disapproved by the First-tier and Upper Tribunal and the courts, and provision for programmes should specify who (by reference to status and qualifications) is to draw up, monitor and amend such programmes, who is to deliver them, what training and supervision they will require etc, etc.

The law also requires that provision should be drafted in terms of support to meet needs, and achieving outcomes is strictly secondary to and dependent on this.