Q:
Can leverage be placed on an LA to reassess a child with an EHCP? My specific scenario is for a child with ASD in mainstream school with simple EHCP ...
Can leverage be placed on an LA to reassess a child with an EHCP?
My specific scenario is for a child with ASD in mainstream school with simple EHCP that specifies full time 1-1 but the school don’t know how to handle, have reduced timetable to mornings but still call to ask for pick up at times.
A: SenseCheck
- 0 Yes
- 0 No
- 2 Other
- 21 May 2022
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Other
Simple
Other ...:
If there has been an assessment in the last 6 months, then not really. You'd need a really compelling reason to do this (e.g. acquired brain injury via a car accident) but might still have a lot of persuading to do. Assuming the assessment was more than 6 months ago, then please read on:
The SEND Code of Practice is fairly clear on this. It's pages 200 & 201 (paragraphs 9.186 - 9.190). I've put the key parts beow (I've abridged so feel free to Google SEND Code of Practice to find pages 200-201 to read the section in full).
In a nutshell, the LA can say no if they aren't conviced the child's needs have changed that much. As your query is about how the needs are met (rather than what the needs are), I'm not sure how far you'll get re asking for a reassessment.
The least imperfect route might be an early annual review and seeking to get increased specificy written into the EHCP (e.g. the EHCP saying the training level of the staff working with the child). Another, option might be to talk to your local SENDIASS who might be able to give advice on your case.
"Requesting a re-assessment
9.187 Local authorities must conduct a re-assessment of a child or young person’s EHC plan if a request is made by the child’s parent or the young person....
9.188 A local authority can refuse a request for a re-assessment if less than 6 months have passed since the last EHC needs assessment was conducted. However the local authority can re-assess sooner than this if they think it is necessary. A local authority may also decide to refuse a request for re-assessment if it thinks that a further EHC needs assessment is not necessary, for example because it considers the child or young person’s needs have not changed significantly. "
Taken from SEND Code of Practice: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf
Aaron King
9000 Lives SEND Consultancy - 19 May 2022
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Other
Simple
Can't answer yes or no.:
If the placement is breaking down and the school are prepared to support the need for a reassessment, then it can be proposed to the council. You may wish to consider if all of the information and recommendations contained in the reports (listed in section K of the EHC plan) have been included in sections B and F of the plan first
Guv Samra
Shoosmiths
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