Is it risky to agree to Late EP Assessment when SALT recommends 25 Hours of 1:1 support?
The Local Authority is seeking to carry out a late EP assessment after the hearing bundle has been finalised. I already have an independent SALT report recommending 25 hours of one-to-one support and specialist SALT therapy.
I am concerned that agreeing to a late EP assessment could risk undermining the strong recommendations in the SALT report. However, the therapist does note that it is not her role to determine final one-to-one provision.
I would appreciate advice on whether it is advisable to agree to the assessment at this stage.
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 02 Jun 2025
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Other
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Simple
Can't answer yes or no.:
MZ,
I am not in a position to offer legal advice or to comment on matters of risk. However, it appears that the deadline for submitting evidence has now passed. In light of this, the local authority would need to provide a compelling justification for making such a request at this stage.
It is worth noting that the fact the request is late may not, in itself, be a sufficient reason to refuse the assessment. You may need to demonstrate any prejudicial impact the assessment could have on your daughter, if applicable. Furthermore, if the local authority has already conducted a similar assessment recently, it perhaps could be argued that a further assessment is unnecessary.
I assume you have already requested:
a) The name and qualifications of the professional who it is suggested will carry out the assessment;
b) Full details of what the assessment will involve, including any standardised tests to be used; and
c) An estimate of the duration of the assessment.In relation to the recommendations made by the independent Speech and Language Therapist (SALT), I can see why their views regarding speech and language provision would carry weight, given their professional expertise. However, their opinion concerning the provision of Learning Support Assistant (LSA), Teaching Assistant (TA), or Higher Level Teaching Assistant (HLTA) support may carry less evidential weight as this is an area often seen to be the domain of an EP. That said, I am not familiar with the full details of your case and therefore cannot comment further.
Please also bear in mind that if a request for an assessment is refused, the local authority may still apply to the Tribunal for a direction requiring your child to be made available for assessment. The success or otherwise of such a request will depend on the reasons you have given for refusing consent. It should also be noted that, if no compelling reasons are provided, the local authority may succeed. Indeed, it is not unheard of for the Tribunal to take an unfavourable view of weak objections, as parties are expected to cooperate in line with the overriding objective. That said, this should not deter a parent from refusing consent if they have strong grounds for doing so.
Finally, I should make it clear that an educational psychologist is a professional who owes a duty to the Tribunal, not to the person who instructed them. This means that you cannot really know in advance what they would recommend, nor should you assume any bias if they do assess your child.
I hope the above is of some assistance, and I look forward to hearing the views of others.
Regards,
Sean Kennedy.
02 Jun 2025
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