EHCP assessment/reports and cross border issues - how can I establish who is legally responsible for what?

[PutItAwayDear]

We live on a border between two councils. DS (8, suspected ASD/SPD/dyspraxia) is at school in the neighbouring LEA to us (it's our second closest school and the closest one can't meet his needs).

EHCP assessment is starting this week, it's being carried out by our home LEA.

For health services, based on our postcode we have to use the health services of the neighbouring NHS trust.

One of DS main overriding issues is social communication. I want him assessed by a SaLT and for the info to be part of the EHCP that will hopefully be written.

Our LEA has a team of SaLTs who would usually deal with this in line with the deadline but as our postcode places us outside their boundary they won't see DS. We have been told to refer him to the SaLT team in the NHS trust we come under. But... They're saying they won't see DS in time for a report to be in by the deadline! And the EHCP team won't speak to them as they're out of area - I'm having to run between the two trying to liaise. I can't get an IPSEA phone appointment, I've been trying for weeks and never got a free slot to book. How the hell can I make SOMEONE take responsibility for this?

(I've already told the LEA that I refuse point blank to agree to any plan that has not included any information about DS social communication seeing as everyone agreed it's the biggest issue he faces)

A v similar thing happened with us and in the end the first draft and then final of the EHCP was sent without SALT because they wanted to hit their timescales, but the head of the SEN dept included a covering letter saying it would be made draft again once the report came in and that the covering letter was proof of that (so I suppose I could have used it at a Tribunal if necessary).

They still couldn't get an NHS SALT in my own LA to do an assessment so then they commissioned a private one themselves.

They were true to their word and included the SALT recommendations once they came through.

Ok thank you, so the LA should be trying to get SALT involved not telling me to do it myself then! I feel a stern email coming on

This wording might help you:

Further to xx’s advice (so if any other reports have referenced any SALT needs) it would appear that xx has SLT related needs. Per Regulation 6 SEND Regulations 2014 we would ask that the LA obtain advice from an SLT. For the avoidance of any doubt, should we be forced to appeal, at any stage, as a result, at least in part, of a failure to secure SLT advice, we will seek recovery of costs, at least in respect of SLT. This email will be used in evidence in support of any such application.

Good luck!

To clarify, Regulations 6 Special Educational Needs and Disability Regulations specifies the advice the LA must obtain during an EHC needs assessment.

Regulation 6 provides “any advice that the parents reasonably request”. As “reasonably” is not defined, the common meaning is used in law – i.e. not just ‘farming’ for advice.

• so there is regulation out there that tells LAs what they should be doing - they'll know in a Tribunal if you've asked for an assessment and they've refused, especially if SLT needs have been highlighted by other professionals, they wouldn't really have a leg to stand on.

Of course, if they do use an NHS SLT there's every chance the report will be no where near as detailed as a private one, hence why lots of parents do commission private ones.

We were just very lucky that we got an excellent private one on the LA's budget.

(But the LA knew I knew the law I think!)