EHCP and private reports - LA contesting provision, help!

[FarmerMaggott]

Also posted in SN children, sorry but I'm desperate for some advice!

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!

I may not be able to help you entirely but these are the things that come to mind based on my limited knowledge:
-When the draft comes through you should have your 15 days to make any changes and I would think you can refer to your detailed OT report
-If the LA are funny about it appeal the content of the EHCP, if you do seek advice from IPSEA/ SOSSEN/ National Autistic Society Education Rights Officer.
-If you haven’t already get local SENDIASS/ IASS involves
-The provisions on the EHCP have to be quantified, they have to say exactly how long and by who the therapy will be delivered by, if that’s not done if memory serves me correct it’s an appealable issue (you can check on IPSEA).
Hope that helps, good luck!

I would definitely recommend IPSEA advice.

We moved in the end per IPSEA advice as were struggling to access help. (We had a cross-county issue rather than cross-country.) But I'm not sure that mattered, we lived in a county that were (according to IPSEA and my new authority probably one of the worst in the country at giving support.)

In short, we moved 8 years ago and within 2 weeks had an application submitted for the support DD required (and without asking). I'm not suggesting that you move :-), but do recommend IPSEA advice as they were spot on for us.