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EHCP and private reports - LA contesting the recommendations, help!

3 replies

FarmerMaggott · 03/11/2018 08:04

Name changed as I have to be far too outing to make this make sense!

DD is 8 with ASD/ADHD and some sensory issues. Her final EHCP is being issued any day now.

We live on the border between England and Scotland. We live in England, that's indisputable as we pay council tax to an English council! But, our postcode is a Scottish postcode as our nearest town is in Scotland. So our LA is in England but our health services are provided by NHS Scotland. This is causing us some problems.

At the assessment and report gathering stage of the EHCP, it proved very hard getting any health reports as NHS Scotland doesn't recognise or understand the EHCP process and our LA basically didn't know how to communicate with a health board other than the one they usually use. After some discussion we decided to pay for a private OT report. This involved 2 hours in a clinic, 3 parent questionnaires, 2 hours observation in school, a school staff Questionnaire and a 30 minute discussion with us and her 1:1. So very thorough! And with very specific recommended OT provison going forward.

But the LA are now saying that teaching staff can deliver the OT provision because basically they don't want to pay for it! They want to contest the private report but without actually paying for an alternative one! The provision in the report has been written in to the EHCP but then it just says it will be delivered by teaching staff - which isn't even slightly possible!

On the meantime we have last week been offered an NHS OT appointment as we were placed on the waiting list ages ago. This was organised by me and my GP and was nothing to do with the LA or EHCP process- we were already on the waiting list when I paid for the private report as I knew we wouldn't be seen in time for the EHCP deadline otherwise. The LA are now suddenly finding that they are able to talk to the NHS Scotland OT service after all and are asking that the report from DDs appointment is sent to them to use to contest the private one. Even though the NHS appointment will be about 45 minutes long and won't include any assessments in school etc, so won't provide anything to contest the private report with anyway!

How best to proceed, anyone? I'm completely out of my depth!

OP posts:
Miscible · 03/11/2018 10:42

When was the EHCP issued? It sounds like you need to appeal.

FarmerMaggott · 03/11/2018 10:48

It's been issued yesterday but we are waiting for a copy to arrive so we can see what they've actually amended as per my red pen alterations on the draft Grin

OP posts:
Miscible · 03/11/2018 11:02

SOS SEN has a useful booklet on how to appeal against an EHCP - www.sossen.org/shop/index.php?cPath=22&osCsid=jkviks3ik7pi9at174k67njvb7

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