Make sure the LA stick to the law.
As part of the EHCNA the LA should 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.
(SEN Reg 6(1))
H can include OT, SALT, psychiatrist &/or clinical psychologist. I recommend you ask for these in writing. Provision in EHCPs is taken from the reports so if e.g. you don’t have an OT report there won’t be OT provision in the EHCP. Also, if the reports are vague or woolly the EHCP will be too, then it isn’t worth the paper i5 is written on.
“Not known to the service” is not an acceptable reply.
The LA must seek the above advice. If the LA or NHS can’t or won’t assess within 6 weeks of being approached the LA must seek independent assessments.
In addition to the EHCNA, if DD cannot attend school the LA have a statutory duty to provide alternative education under s.19, the Education Act 1996.