Q:
My son's ehcp was granted but the council have refused to write 1:1 support in section F, despite their Educational Pyschologists specifying that he needs this. Instead they have written 'individualised' which does not constitute the same thing. The case officer stated in email that they are not allowed to write 1:1 support. What legislation applies to provide the right and specified provision - along with the quantity of how often they should receive this? They also finalised section J, despite providing a personal budget as requested which is to be used for OT services. Any advice would be kindly appreciated. thanks
A: SenseCheck
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- 14 May 2024
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Ms Walker,
I suggest starting with the following sections of the Noddy guide:
08.14 Does the SEP in section F of an EHCP have to be set out in detail?
When looking at the above, it's important to remember that drafting an EHCP should be guided by the evidence available. So, considering your remarks, it's reasonable for the content of the Educational Psychologist’s (EP’s) report to shape the drafting of section F.
On the matter of not being able to specify 1:1 support, I'm not sure why the case officers made the statement they did. However, the legislation mentioned in the Noddy Guide indicates that not only can 1:1 support be part of section F, but also the amount of 1:1 support (in terms of hours per week) and the qualifications and experience of the person providing the support should be specified.
Regarding personal budgets, I don't delve into them extensively, as I believe they offer limited practical value compared to clearly specifying, quantifying, and detailing the contents of section F.
Concerning the next steps, if the Local Authority (LA) remains unconvinced by the legal framework, you have the option to pursue mediation and/or appeal to the First-tier Tribunal (FtT), which will act in place of the LA and can make any necessary amendments to the sections of the EHCP under appeal. This process is explained in greater detail in the Noddy Guide.
If you find this information helpful, please click the thumbs-up button. I am, as always, eager to read any further comments.
Best wishes,
Sean Kennedy
Sean Kennedy
Talem Law
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