Q:

We are currently undergoing our daughters first EHCP review. The educational psychologist who was initially contacted as part of the EHCP as responded ...

We are currently undergoing our daughters first EHCP review. The educational psychologist who was initially contacted as part of the EHCP as responded to the nursery’s request to review /update the plan and has asked the nursery setting for payment of three hours of their time. The nursery has forwarded the request to us. The educational psychologist is instructed as part of the NHS and we are confused as to the payment. We have queried this but no response and are now concerned that it may delay the review. Any advice welcome please.

K Kaur

K Kaur
14 Feb 2022

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A: SenseCheck

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  • 15 Feb 2022
  • Other

    Complex

    Can't answer yes or no.:

    I would agree with Guv and Aaron. Parents would not normally be required to fund assessments that are commissioned by the educational placement, and certainly not an NHS EP.  There is usually a funding agreement between statutory bodies to enable assessments. Perhaps the nursery is not aware of the process to commission an assessment? Could this be because it is a private nursery? There is no requirement for the LA to commission an EP assessment at each review and, as Aaron has said, you should ask why the reassessment is required. If it is felt that a reassessment is needed, then the nursery should discuss the need for a reassessment with the LA and get it commissioned that way. 

    Of course, parents can privately fund an EP assessment if they wish. 

    Laxmi Patel

    Laxmi Patel
    Boyes Turner Solicitors

  • 15 Feb 2022
  • Other

    Complex

    Can't answer yes or no.:

    It's unusual for EPs to be empolyed by the NHS. They're usually employed by your local council. There was a time when EPs did both statutory duties (i.e. things that the law says councils must do) and non-statutory (this was often advice on children who didn't have high enough needs to need an EHCP). But as council budgets shrunk, lots of local councils no longer had the funds to do non-statutory work.

    Sounds like they're viewing this request as non-statutory (it's staturoy for them to contribute to an EHCP assessment but not the reviews every year).

    If it's a private nursery, they may have looked at the cost and thoguht that they can't afford it. It's a long story, but the funding lots of private nurseries get for the free childcare doesn't cover the cost of staffing (and so they rely on parents who pay for extra hours to plug the funding gap). 

    In nursery, children have EHCP reviews twice a year. They're often still referred to as annual reviews, despite being bi-annual.

    My advice would be:

    1. Call your LA's SEND Team - is this charging right in our local area?

    2. Call your local SENDIASS - is this charging right in our local area?

    3. Speak to your nursery SENDCo - how much do you think my child;'s underlying needs have changed? What do we expect to gain from a EP update? What difference will this make to my child?

    3. Take a view on how much your child's needs ahve changed since the EHCP was issued. If it is only months since the EHCP was written, the EP time might be not worth the money (regardless of who pays)

     

    As far as I can tell there's no legal duty on the LA or nursery to provide this (assuming it's not written into the EHCP). Hope this helps you a little bit.

    Aaron King

    Aaron King
    9000 Lives SEND Consultancy

  • 14 Feb 2022
  • Other

    Complex

    Can't answer yes or no.:

    If the EP is from the NHS, then the council are usually responsible for arranging and funding the EP update. Have the nursery asked the council for this update? The request for an EP update is generally requested initially through the council. Is there EP provision mentioned in section F of the EHC plan? If there is then this further supports the requirement for the council to fund the EP input. Parents should not be paying for an NHS EP. Parents may commission and fund an independent EP, should they wish.

    Guv Samra

    Guv Samra
    Shoosmiths