Q:
Can I ask LA to request info from health visitor to support the ehc assessment decision
I’d like to know if I can ask the LA to request advice from the health visitor to support my application for an EHCNA. My son’s nursery have been very unsupportive and backtracked on all of their original concerns because I contacted the SEND support services to intervene. I’m concerned the nursery won’t provide any helpful information, however the health visitor and the SALT’s at the communication group he attends both recommended an EHCNA. He has been referred to salt and community paeds but I worry this is not enough evidence to support an assessment. Could I ask the LA to contact the health visitor instead of his nursery to provide the advice as part of the initial 6 week process?
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 09 Mar 2025
-
No
Simple
You can ask the Local Authority (LA) to seek information relevant to the Education, Health and Care Needs Assessment (EHCNA) from a health visitor. The weight attached to any such evidence is, at this stage, ultimately a matter for the LA. That said, it would not be appropriate for the nursery to be excluded from the process, as they will likely be considered an important source of information. This is why I have answered NO to your question. It would be a YES if you were content for the nursery to be involved.
Paragraph 9.12 of the Code of Practice states:
"At an early stage, the local authority should establish how the child and their parent or the young person can best be kept informed and supported to participate as fully as possible in decision-making."
The LA complying with a request to consult with the health visitor aligns with this guidance. Furthermore, Regulation 3 of The Special Educational Needs and Disability Regulations 2014 mandates that you must be consulted once the request is made.
Additionally, Regulation 4 of The Special Educational Needs and Disability Regulations 2014 lists the organisations that must be notified when the LA is assessing “whether special educational provision may be necessary.” One of these organisations is the Integrated Care Board (ICB) – NHS – of which the health visitor is likely a part. Another organisation is the nursery your son attends, so they cannot be excluded from the process.
Sean Kennedy
Talem Law
|
Comment