EHCP assessment LA advice - any thoughts on this?

[stopthepigeon]

DC is currently being assessed for an EHCP by the LA. I'd really appreciate thoughts or experiences on the following:

DC has multiple diagnoses/complex needs. DC is also struggling to attend mainstream school and has additional diagnoses of anxiety/EBSA.

As School/LA didn't previously think Ed Psych involvement was warranted, I saved up and got a thorough assessment done privately last year by a very well qualified and experienced Ed Psych. This revealed a very spikey learning profile with some specific and significant cognitive difficulties, plus development delays in key areas. I submitted a request for an EHCP assessment following this.

School has told the LA that DC doesn't have any additional learning needs, and they are 'fine' with his progress (despite DC being miserable and attendance at less than 70% and receiving plenty of negative feedback about being distracted and disengaged).

The LA has commissioned the LA Ed Psych to do their own assessment, saying that their policy is to do a comparative assessment to stop middle class parents with private assessments monopolising resources. I didn't think the assessment process was a relative one?

DC needs to be supported to achieve their potential, including customised support with those learning activities they struggle with cognitively. They have low self esteem as a learner as a result of their needs not being recognised and mistaken for disobedience. I do feel a sense of despair at how this is being approached. Any advice?

It is quite normal for LAs to commission their own assessments as well. Existing reports can only be used instead of seeking new advice when the LA, parents and the report writer agree it is sufficient.


Have you request SALT, OT and psychiatrist &/or clinical psychologist assessments?

If DC can’t attend school full time and is CSA the LA must provide alternative provision as well/instead.

Apparently the aim of another with is purely 'comparative' as the quality and scope of the private assessment is not in dispute.

Yes I have asked for these assessments but have been told that unless they are already available the LA will not undertake. They sent me a link to an NHS service (that does not accept direct referrals) and said if I wanted one it was down to me.

*Apparently the aim of another assessment is purely 'comparative'

It is unlawful for the LA to refuse to seek advice from professionals because the child isn’t known to the service already, and “not known to the service” is not a lawful response either. Under 6(1)(h) SEN Regs 2014 the LA must seek advice from “advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.” Email the Director of Children’s Services.

The LA are still likely to want their own EP report. That is most likely less detailed, specified and quantified than the independent one.

Posted too soon, the other thing is depending on when last year the EP report was undertaken it may be considered too old. At one point reports were considered up to date for around 2 years, but over the last couple of years SENDIST have considered reports much younger out of date.

So DC has to be subject to two assessments in quick succession?

It's recent by anyone's standards.

So purpose is not to understand need but to moderate need against other LA assessments.

Unfortunately, yes many DC undergo another assessment.

The alternative is you refuse to allow any further assessment of DC, which will mostly likely result in the LA refusing to issue. You will appeal and the LA will ask SENDIST to order assessment. By this point the independent assessment is at least several months old and SENDIST agree to order said assessment.

Thanks. Not great as DC has phobia about medical assessments and similar.
So LA would then have two Ed Psych assessments available; a detailed one and a not so detailed one...

I disagree with justkeepbuilding

Look at the CoP section about carrying out a needs assessment. There's a section that says something along the lines... the LA will not seek additional advice where there is already advice in place that parents and LA agree is sufficient for this purposes... you need to ask LA why your report is insufficient. Don't refer to it as a private report. It's not. It's an independent report.

Their reason given is not valid (the middle class thing).

It's over assessment.

I agree with the bit about "not known to this service" being unlawful

Quote the CoP at them. I assume you're in the 6 week NA window.

I said existing reports can be used when the LA, parents and report writer agree the report is sufficient in my first post. The LA will say they don’t think the independent report is sufficient.

Thanks Both.

Helpfully the LA has already agreed to use the independent report for sections A&B. They want their own assessment because it will take a 'moderated' view of needs in the later sections (they explained this as written from a standpoint with knowledge of the relative support they are able to give other children with similar needs who haven't been independently assessed). There is agreement the independent report is a high quality and comprehensive assessment.

The provision is based on what is reasonably required, not on what other DC are provided with or what is normally provided or any other rubbish LAs often spout.

Despite this the LA are still likely to argue, as many often do, the independent report isn’t sufficient.

Mmm. LA now saying the report is 'more than sufficient' but they have a statutory obligation to undertake a 'statutory EP assessment' and if DC and I don't consent they will halt the assessment. DC has had multiple assessments in the last few months and finds them distressing (linked to a documented phobia).

I don't want to antagonise anyone but also don't see why DC has to undergo further examinations they find intrusive and stigmatising if we all agree ample evidence already exists. I also don't like public bodies being economical with the truth about what the law does and doesn't say or wasting public funds.

Normally the difficulty is getting LAs to agree existing reports are sufficient (high quality and comprehensive aren’t the same thing as sufficient), but if the LA are now agreeing with you and the report writer that the existing report is sufficient they must not seek a further assessment. Email the Director of Children’s Services pointing them to Reg 6(4) SEN Regs 2014.

The LA can’t choose to halt the process. They must comply with the statutory timescales and you can force them to if the breach them. They could refuse to issue (which is what I have seen happen previously in cases where parents have refused further assessments) but that will trigger the right of appeal.

Bit of an update: LA will issue. LA have said they will only use their own EP advice for outcomes and recommendations. Frustrating as the entirety of their EP's advice is cut and pasted (selectively) from two other more detailed reports (which follow substantive assessment with my child, not just secondary analysis). LA has been really open they let their EP pick the bits they want to fund to keep costs down. Draft is apparently in the post. May cry when it arrives.

If you think you are going to have to appeal you should push the LA to finalise ASAP and then appeal. Going back and forth several times trying to negotiate rarely works.

@JustKeepBuilding - thanks. Don't think there is anyway to avoid an appeal, judging by the EP report.

Going to make formal complaint though, on IPSEA's advice.