Ehcna, LA making me angry

[Hellnope]

Hello, had the news that my son has been accepted for a ehcna however the wait for an EP they’ve advised is 7 months and they are refusing to consult OT and Salt as I requested. They are driving me absolutely barmy to be frank. They’re blaming the increase in demand for the issue. There’s no way that the statutory timelines are going to be met and at the moment, no other experts will have any input into his needs assessment granting the whole thing pointless anyway. I have already complained to the director of children’s services, what else can I do?

Email the Director of Children’s Services reminding them of the statutory timescales and informing them if they breach the statutory timescales you will be forced to pursue judicial review proceedings. Then, if they do indeed breach any of the timescales email again threatening JR. If that doesn’t work you need a pre-action letter - SOSSEN can help with this.

During an 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 people like SALT, OT, physio etc. so ask for them if required.

So the only service with “social care” next to them is the OT and they’ve come back saying “not known to service” so actually they’re not even consulting the basics requirements.
why does it always have to be such a battle? I’m so exhausted

‘Not known to the service’ is not an acceptable response. That applies to social care, OT or any other service. Email the Director of Children’s Services again reminding them of this.

Hi OP, sorry to hear this. It is a battle. My LA also ignore me. I think most do. Come over to my EHCP support thread for solidarity.

Hi @Phineyj where can I find the EHCP support thread please. I'm in the midst of collating info for LA for EHCNA

EHCP support thread - www.mumsnet.com/talk/special_educational_needs/4834986-ehcp-support-thread

Thank you! Off to start reading @Phineyj

They should be consulting social services. Write to Children's SS pointing out that your child is a child in need within the meaning of section 17 Children Act 1989 by reason of disability and ask them to carry out a full care assessment.

Follow @KeepGoingThomas' advice about warning them about judicial review. It's not good enough to say they have a waiting list for EP advice, they should be bringing in independent EPs if necessary. Warn them also that if you end up having to get private reports, you will be pursuing a complaint to the Local Government Ombudsman in order to be reimbursed for the cost.