Law firm to enhance/improve existing EHCP

[Aggiee]

Hi everyone i need some advice :) my 7y son with asd attends a special needs school (having been previously in a mainstream for a year) he has a ehc plan for a special needs provision but nothing enhanced in it.
i was told by another mum to hire a specialised law firm to carry out an assessment (ot speech and language educational psychologist) on my son’s detailed needs that the school should be working on and what specific help he needs. As adding anything extra would go through tribunal we are looking at 5-8k costs but the outcome would secure more help for my son. Has anyone been down this path and weather the outcome was as expected with a lot of extra benefit for the child? I assume once extra help is written in the plan and school fails to accommodate the next step would be to fight for a private provision?
thank you everyone for your help on this matter
aggie

Your starting point would be waiting for the AR, asking for an early review or reassessment of needs. Then appealing and getting independent assessments if the LA won’t amend to include the amendments you want. If you are eligible for Legal Aid it can cover independent assessments for Tribunal. If not Parents in Need can sometimes fund independent assessments.

You could get independent assessments prior to asking for an early review. But you run the risk of the LA refusing to hold an early review which doesn’t have the right of appeal so you would need to wait until the AR or request a reassessment of needs. Or of the LA refusing to amend and needing to appeal. In both the cases there is a risk SENDIST will consider the assessments you have paid for out of date by the time you actually get to a hearing. It used to be the case assessments were considered up to date within 2 years but over the last few years that has changed and there have been more cases where SENDIST have considered reports much younger too old.

Law firms don’t carry out assessments. You don’t need a solicitor you could get independent reports and appeal without using a solicitor.

Ultimately it is the LA who are responsible for ensuring provision specified and quantified in section F is provided, if it isn’t you can enforce it via Judicial Review if necessary.

An EHCP that includes all the provision a child needs will always be beneficial.

thank you very much. My AR is in 2 weeks so the timing is right to start any process. I was just hoping those companies may have more experience and also advise on what is achievable to be put on ehcp. I recently asked about an enhanced ehcp and was told my son gets additional help at school anyways coz his needs are greater so in theory he he doesnt need it on plan but they would understand if i decide to pursue the enhanced ehcp as he is about to change schools and having things written would surely be beneficial.

What is included in EHCPs depends on the individual pupil’s needs and what evidence you have. You could have the best lawyer in the world but if you don’t have the evidence it won’t be included in the EHCP. If you have evidence anything that educates or trains is achievable to get in section F.

I’m not sure what you mean by enhanced EHCP. There aren’t 2 levels of EHCPs.

I would also second AReallyUsefulEngine. Spending thousands on lawyers isn't usually necessary. I have known friends have very mixed outcomes when using lawyers at tribunals. I know it can be daunting to do it yourself. Ipsea and SOS!SEN are charities that offer free advice. They really know the law.

If you are entitled to benefits, you may be entitled to legal aid for a tribunal anyway - and that firm could pay for new reports.
If you're not, the money you might spend on a lawyer will be far, far better spent on getting independent reports done. Even then, you shouldn't be looking at the kind of costs you're talking about. (Although it could be £2,000+).

You say that your DS is getting additional help anyway so you've been advised that it doesn't need to go in his EHCP. I would question that. It really should be added to Section F - otherwise it could be removed at any time. You say that your DS is moving schools. If the provision isn't in Section F, there's no guarantee that it will continue.

You say you've got an annual review meeting coming up. There is some good info here on what to expect and the timeframes the LA must stick to:

www.ipsea.org.uk/annual-review

By 'enhanced EHCP' - do you mean getting additional support written into it? If so, there needs to be evidence of what and why it's needed. That evidence will need to come from experts - eg speech and language, educational psychologist etc. You can request this at the annual review meeting.

In terms of what's achievable in an EHCP, it's really down to what evidence you can gather. I know DC who are in private boarding schools hundreds of miles from home, have all kinds of therapies (yoga, horse riding), respite care etc. Some of this has needed a tribunal to win but it can be done.

I agree toomanyminifigs, SENDIST give self representing parents a certain amount of leeway which lawyers don’t get, so if they don’t have SENDIST experience they can do more harm than good.

Even then, you shouldn't be looking at the kind of costs you're talking about. (Although it could be £2,000+).

You could be if you need several assessments.