EHC Needs Assesment

[DonutSquishie]

Hi, just wanting a bit of advice. The LEA have agreed to do a NA for my little girl with suspected ASD. She really struggles at school, hiding under tables, becoming aggressive and running away.
I've been told from a individual that I can request a SALT and OT report, as long as it's reasonable. She does have speech and communication difficulties and sensory overload and the school agree she needs assesment but said to wait until her camhs assesment as the waiting lists are 1 year + at the minute.

Could I ask the LA for assesment or will they say they can't due to waiting lists?

Under SEND Regulation 6 (1) The LA must seek advice from a range of people.

a)the child’s parent or the young person;
b)educational advice (usually from the head teacher or principal);
c)medical advice and information from a health care professional;
d)psychological advice and information from an educational psychologist;
e)advice and information in relation to social care;
f)advice and information from any other person the local authority thinks appropriate;
g)where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h)advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

The LA is legally required to seek all of this information as a minimum.

www.ipsea.org.uk/what-happens-in-an-ehc-needs-assessment

Your daughter has speech and communication difficulties and sensory issues. It is a reasonable request to ask for assessments from SLT and OT.

The other person is correct. You can ask the LA to seek advice from anyone as long as it is reasonable.

SALT and OT (including sensory OT) assessments would both be reasonable. If assessments can not be carried out via NHS services within the timescales, because of waiting lists or otherwise, the LA must commission independent advice. You can also request an assessment from a CP &/or a psychiatrist. I suggest you make the request in writing in order to ensure you have a paper trail.

Thank you very much 😊

The test is not one of reasonableness.

An EP report would also likely be helpful.

Canon yes it is, you can ask for any advice that is reasonable, see Ellie's post and link.

Advice from an EP is not just likely to be helpful, but must be sought.

10broken under the LA EHCP NA process that is absolutely right.

The request has to be reasonable. Perhaps it is semantics in the end :)

However since we are on the topic parents should also be aware that most LA commissioned assessments result in poor reports, the exception is those LAs who have good e.g. EPs.

I completely agree, most LA reports are rubbish. Woolly, vague, unspecified...

Definitely.

Also most LAs refuse (or fail to act so still a refusal) to carry out certain assessments & also they or their professionals will not flag up other assessments that might be required.

There is a book that I purchased recently which is good for parents new to the process which I came across on twitter - toddlertherapytoolkit.uk/

I have read the book and it is definitely insightful.

IPSEA and SOS!SEN websites are also good.

Just be alive that LAs can spot "template letters" and I find tend to take them less seriously!

Be prepared for a long battle in some cases.

toddlertherapytoolkit.uk

www.amazon.co.uk/Toddler-Therapy-Toolkit-Intervention-Developmental/dp/B086X875RL?tag=mumsnetforu03-21

PS. Just ask the LA, don't wait for CAMHS, the waiting lists are too long.
If the LA refuses or is difficult post back here & will try to help you through it. You can appeal refusals to assess.

After asking for SALT and OT assesments I got this email reply - She has to be referred to these services by school or health, not by the EHC assessment process.

? How are they proposing to carry out a needs assessment without assessing her needs.

She's got the EP assessing her, they're using a old SALT report (she was officially signed off in March which I've only just found out about) but they haven't seen her for 18+ month so I don't feel it's suitable. She hasn't been seen by OT as SENco wouldn't refer her as she said it's be quicker for CAMHS to refer when she gets her appointment.

So, that is a refusal.

Have they told you that you can appeal?

I'm sorry you are caught in the 'its someone elses budget to pay for it loop'

Thinking out loud -

you could appeal it but wait for them to complete the EP and advise whether they are issuing an EHCP or refusing to issue.

you could send them a pre-action protocol judicial review letter regarding carrying out the proper assessments and that should box them in.

you could also make a complaint and then escalate it to the Local Government Ombudsman.

Take a look at sossen.org.uk/information_sheets.php

if the SALT report is > 18 months old they should not be relying on it.

@MillieEpple

I'm sorry you are caught in the 'its someone elses budget to pay for it loop'

Unfortunately, most LAs default position is "no".

The government are carrying out a SEND review in spring 2021 & it is worrying as the system is not the issue which is how it seems it is being presented by LAs.

I think wait and see what the EP says in her "advice".

Not that it is required in my view but there we are, is there any other evidence that supports that SALT and OT advice is required?

What is your GP's view, will he write a letter to the LA if required?

Subject to what the EP or objective evidence or GP states you could fall back on arguing that regulation 6 (1) (f) "advice and information from any other person the local authority thinks is appropriate" applies because any reasonable and competent local authority properly directing itself and properly considering the available information and/or evidence would commission SLT and OT advice.

Fwiw, I have had SALT advice through the EHCNA and it is not worth the paper it is written on but nevertheless it can be done.

ISTR that this is an across the board issue at the moment!

Good luck.

Email the LA back quoting the SEN regs in Ellie's post and the IPSEA page she linked to - IPSEA have a model letter you can use to complain.

The LA can only use existing reports if you, the LA and the report writer agree that it is sufficient. Put in writing that you do not think a report where the service has not assessed DD in more than 18 months is suffice up to date.

@10brokengreenbottles

Email the LA back quoting the SEN regs in Ellie's post and the IPSEA page she linked to - IPSEA have a model letter you can use to complain.

The LA can only use existing reports if you, the LA and the report writer agree that it is sufficient. Put in writing that you do not think a report where the service has not assessed DD in more than 18 months is suffice up to date.

"The LA can only use existing reports if you, the LA and the report writer agree that it is sufficient."

That is what the regs say.

The FTT judges (at least some) take a different view!

It that case you should seek advice about whether you can and should apply for permission to appeal to the upper tier.

Just checking guys

When you say La reports
Do you mean the final plan?

Or the professional advice?

I mean the reports. But EHCPs are often vague and woolly too.