Please or to access all these features

SN children

Here are some suggested organisations that offer expert advice on special needs.

Senco warned no physio or OT with EHCP

9 replies

niceupthedance · 29/04/2021 15:07

DC is going through needs assessment for EHCP and has DCD and Ehlers Danlos Syndome plus ASD so will need input from OT and physio.

School senco (primary) has said this probably won't happen as they can't afford to buy it in and they don't come for any other children. Is this right ?

I thought whole point of EHCP was that school can force LA to pay for it if they don't have the budget?

DC is in pain every day and we've been waiting 6 months for a physio assessment via the GP...

OP posts:
Sirzy · 29/04/2021 15:09

We have provision for both but it is through the NHS, they provide blocks in school and then provide school with an ongoing support plan.

I think trying to get it written in as a private thing would be hard because they will argue it should be provided by the NHS

niceupthedance · 29/04/2021 16:01

Ok thanks. I think the school are saying the NHS ot and physio won't come even if stated in EHCP - that doesn't seem right?

OP posts:
10brokengreenbottles · 29/04/2021 18:44

Anything that "educates or trains" should be in section F of the EHCP, and therefore the LA are ultimately responsible for ensuring the provision is provided. Both physio and OT can be included in section F. If the NHS can't or won't provide it the LA must commission independent providers.

If the provision is detailed and quantified in section F the provision must be provided - if it isn't you can go to Judicial Review.

Funding isn't your concern, if the school needs more funding they should approach the LA.

niceupthedance · 29/04/2021 19:10

Thank you. I thought it was not just a case of "good luck getting any physio even if it's specified in the plan" 🙄

OP posts:
Ellie56 · 29/04/2021 20:30

@niceupthedance

The whole point of an EHC Needs assessment is to assess all of the child's needs. This is set out in SEND Regulation 6(1) of the SEND Regulations 2014.

The LA is required to seek advice and information from:

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.

In view of the conditions you mention, it would be reasonable for you to request that the LA seeks advice from the OT and physio. More information here:

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

The OT and physio (along with everyone else ) should write detailed reports specifying your child's needs and the provision that is required to meet each need.

Assuming the LA agrees to issue an EHC Plan (If they don't you can appeal), the reports will be used to draw up the plan. All the needs identified should be in Section B and all the provision in Section F. There should be provision specified for each one of the needs identified.

Therapies which educate or train a child/young person must be specified in Section F (educational provision) not in the health care provision or social care provision sections. For instance, where occupational therapy is required for educational activities, e.g. to enable stable sitting at a desk or gripping pens, the provision must appear in section F.

Once the plan is finalised, the LA is legally responsible for securing all of the provision in section F. If you find the provision is not being made, you can challenge the LA, as the LA is responsible, not the school.

The important thing to remember is that the reports and subsequently the EHCP, should be very specific and detailed. There should not be anything vague or “woolly” in the reports as this vagueness will subsequently be transferred into the EHC Plan and make it very difficult, if not impossible, to enforce. LA favourite woolly speak are phrases like "would benefit from", "opportunities for", "regular", "access to."

It should be very clear to anybody who is reading the plan what exactly is required. Eg " X requires 1:1 support in all lessons to be provided by a Teaching assistant trained and with at least one year's experience of working with children with autism."

"X would benefit from a high level of support" or "X requires access to Occupational therapy" could mean anything. Sadly, all too often EHC plans written in these terms are not worth the paper they are written on.

niceupthedance · 30/04/2021 15:07

Thanks - the send case worker has said they won't get the physio and ot reports back "in time" for the panel - I'm not sure how else to get him seen by them if the LA can't force them to conduct the assessment during the 6 weeks 😢
The case worker seemed to suggest the panel would reject the application too if the assessments weren't done . Seems crazy

OP posts:
Ellie56 · 30/04/2021 15:33

Under SEND regulation 8 (1) anyone who is asked for information and advice must respond within 6 weeks. The only exceptions to this are if exceptional circumstances affect the child, the child’s parent or the young person during that 6 week period; the child, the child’s parent or the young person are absent from the area of the authority for a continuous period of not less than 4 weeks during that 6 week period; or the child or young person fails to keep an appointment for an examination or a test made during that 6 week period.

This is a legal duty which must be complied with; it cannot be avoided because there is a long waiting list or because there are staffing shortages. If an LA is genuinely unable to obtain one of the necessary pieces of advice during the time frame, they would be expected to obtain an independent report in its place.

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

Ellie56 · 30/04/2021 15:36

And if they don't get the information required, you can complain that the EHCNA has not been carried out properly. Use this model letter and send to the Director of Services in your LA.

www.ipsea.org.uk/complaining-when-the-local-authority-does-not-seek-the-correct-advice-during-an-ehc-needs-assessment-model-letter-7

niceupthedance · 30/04/2021 15:48

Brilliant thanks so much !

OP posts:
New posts on this thread. Refresh page
Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.