Q:
EHCNA : Where EP has referred to specialist advice from SALT / OT but the LA has not arranged assessment what can do done?
LA has decided SALT / OT assessment not necessary following "not known to service" response. EP report however states that further details on needs will be available from specialist advice. Formal complaint response (from LA stage 2 complaint) was that the decision comes under professional judgement of SEN team and therefore they cannot intervene. Decision has been submitted to panel by case worker.
Any idea what to do next?
A: SenseCheck
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- 22 Nov 2024
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Other ...:
ML,
This situation is unfortunate, though sadly not uncommon.
r6 The Special Educational Needs and Disability Regulations 2014 identifies the information and advice to be gathered during an Education, Health and Care (EHC) needs assessment. While speech and language therapy and occupational therapy are not explicitly mentioned, the Regulation does state that "medical advice and information from a health care professional identified by the responsible commissioning body" should be obtained. It appears the local authority may be relying on the response you mentioned. However, there is nothing preventing the local authority from instructing their own experts if they think there are relevant special educational needs to be identified, although they may argue that this is unnecessary.
Generally, there are two options you might consider:
a) Instruct your own speech and language therapist and/or occupational therapist and submit their assessments as part of the EHC needs assessment. I understand that costs and timescales may be a concern.
b) Appeal to the First-tier Tribunal (FtT) and present evidence from one or both of the above types of expert as part of your appeal.
Others may have alternative suggestions, and I look forward to reading them. In any case, I hope this proves helpful.
Regards,
Sean Kennedy
Sean Kennedy
Talem Law
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