EHCPNA - what should we ask for as evidence?

[Whatafustercluck]

We've finally won the battle with the LA to grant a needs assessment for our 6yo "fine at school" dd. We've submitted a load of reading material already by virtue that we had planned to appeal to SEN Tribunal after the LA's initial refusal to assess. But I suspect they will want to do the bear minimum in terms of seeking additional information from professionals.

The LA hasn't explained the process, we've just been sent a planning meeting invitation for 8 weeks' time. I've done my own research though and have requested formally, that they take additional advice from an educational psychologist, a Speech and Language Therapist (dd is articulate but masks well and we believe that how articulate she is covers the fact that she struggles to understand more than we realise - her emotional literacy needs additional support). We've also asked for our childminder's views to included. She's known her ar birth and can verify the behaviours and difficulties we see out of school.

Has anyone here been successful in obtaining an EHCP for a "fine at school" child (one that has however had a significant period of school refusal as a result of sensory/ control issues brought on by anxiety)? What additional information did you ask the LA to seek and consider?

During the EHCNA the LA must seek advice 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.

H can include SALT and childminder. It can also include people like OT, psychiatrist, clinical psychologist and physio. In your case I work ask for OT at least.

I don't know what the LA EP will be like in your LA. In some areas they appear to still be operating ethically. Unfortunately in our location they appear to be acting as a moderating or rebuttal function and are not incorporating robust evidence from other professionals where it points to 'at cost' provision, and the report writers are then only using their EP report for section F.

I suspect our LA is one of those 'bare minimum' ones, particularly as they didn't agree to it in the first place. They continue to believe our dd doesn't really need one, as she masks so well. For the school's part, they fail to make long term, consistent support available and the things we put in place always end up dropping away again, so we feel we need the EHCP in place to ensure consistency throughout the educational system for her, particularly as she is currently undiagnosed and so it's often our word against theirs. She's a perfectionist, and tries so hard to get her handwriting 'right' but has been told it needs to improve. I hadn't realised this was a common thing in ADHD. Her self esteem is very badly affected when she's told things are not right.

I've tried to contact the LA three times now to clarify next steps and who they will take advice from, and no response at all. It's shambolic.

If the LA is ignoring you email the Director of Children’s Services.

If you want anyone to be asked for advice under h of the list I posted above you need to directly request this, don’t rely on the LA to ask.

Is the LA sticking to the timescales?

@OvertakenByLego my first email to them requested who I wanted them to take advice from. No reply to that so chased twice. No reply still.

They've put a 'planning meeting' in the diary for early November, which is a little outside of the 6 weeks but largely it seems they intend sticking to the timescales. But I want clarity from them on what happens between now and then - including confirmation that they will seek advice from those I've asked them to.

Between now and then the LA should seek information and advice from those listed in my pp. If the Director of Children’s Services is ignoring you and that means the LA is at risk of breaching their statutory duties you could contact the Monitoring Officer.

Anyone asked for advice must respond within 6 weeks. You can see the process here. Although if this is following Tribunal hearing the LA must inform you they aren’t going to issue within 10 weeks or finalise within 14 weeks of the Order.