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Helen

Independent Assessments Sought

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Hi All,

 

I thought this information would benefit parents who will be/are going through the tribunal process - parents that are private clients (who are not entitled to legal aid).

 

Whenever the solicitor instructs the relevant professionals (SALT, EP, OT) to conduct an assessment on your child in order to obtain an independent report, make sure before the assessment is arranged, that the professional concerned is prepared to attend the SEN tribunal upon your request.

 

I'll use a speech and language therapist as an example.

 

Parents take if for granted that this will be the normal course of action. The therapist will be only too willing to conduct an assessment, take your hard earned cash and then refuse at a later date to go to the tribunal to agrue your child's case. This often happens because as I've mentioned in other topics, some NHS therapists - and even some private therapists- don't like to recommend or prescribe their findings, as this causes conflict or bad feeling amongst their own field of expertise. If this happens you've wasted your money and you've also wasted valuable time.

 

The parent would then have to find yet another therapist in a limited amont of time, who would be prepared to act for the child in the tribunal.

 

It is crucial that whichever professional conducts an assessment on your child, that this person be must be available to substantiate their evidence in the presence of the tribunal.

 

Helen

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THIS QUERY IS REGARDS THE STAT ASSESS, RATHER THAN TRIBUNAL

 

 

Hiya,

 

I have received a list of people the LEA will be approaching as part of the assessment. It does not include an OT like I suggested. How do I go about getting them to do this? Should I write to them and ask this clearly? Do I need to name an OT, or would they just approach one?

 

Sorry,...but would appreciate advice.

 

The only people they will be approaching are;

 

Headteacher

Ed Psych

Community Paed

 

My girls Psychiatrist from CAMHS

A woman from BEST (LEA)

Our Psychologist from CHASAC.

 

They say they wont write to our GP, and that I have to get him to do report if I want it included.

 

Elefan

xx

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Elefan

 

If the LEA conducts the assessment they will ask a number of professionals to give views on your child

 

COP 7:82 For the purpose of making a statutory assessment, the LEA must seek written:

A. Parental advice

B. Educational advice

C. Medical advice

D. Psychological advice

E. Social services advice

 

Parents should feel free to suggest any other people or organisations whose views may be helpful to the assessment of your child.

 

You are free to ask the LEA for an assessment by an OT if you think it would help identify your daughters' needs.

 

You could discuss your concerns with the case officer.

 

It may the case that the LEA want further evidence that an OT assessment is necessary. If you feel that there isn't enough evidence you could ask your GP to write to the LEA.

 

You can also submit a report from your GP.

 

Have a look at the SEN Toolkit Section 12 (The role of the Health Professionals) Section 88 (The role of the Occupational Therapist working with children with SEN.

 

I hope this helps.

 

Let me know if there is something I haven't covered or you don't understand.

 

Nellie

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Cheers Nels! I tried phoning the case worker today, but she is off until next week, when I am then away!!! Doh!! I will get onto her when I return from my adventures!!

 

Thanks again. I have been pulling all my toolkit apart and all the masses of literature I have accumulated over the last year on all things SEN. The girls have complained today, so I have had to halt just now, but will try to get a chance to consider the next steps after next week.

 

I always imagined a Statutory Assessment would include people actually viewing my child in the school environment. How can that be done if it is the school holidays!? Is it a mad rush to get people into the school in the first few weeks of September before the 10 week deadline expires!? The clock is ticking from now, isn't it!?

 

The impression I get is that the professionals will just write their thoughts based on what they know of her already.

 

Aaarghhhh,,,,ok,...I'm going to attempt to switch off for a week! :wacko:

 

Elefan

xx

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Hello Elefan,

 

The LEA uses a distribution list to contact many professional departments to determine if any of those departments already have contact with the child, so that valuable information can be gathered and processed for the benefit of the statutory process.

 

Has your little girl ever had OT before/ is receiving OT at the moment? If the answer is ?yes? to either question, then the LEA ought to approach the OT department for details of the OT?s recommendations/opinions in connection with your little girl.

 

If the answer is ?no?, then there are a few options available to you, but you?d have to weigh up the pros and cons:

 

If your little girl has never received OT but you feel there is a need for an assessment, then you could ask your GP to refer her for an OT assessment. However, there isn?t a guarantee that she?ll be assessed within the next few weeks or even the next few months in relation to the statutory assessment.

 

You could make a written request to your LEA for it to refer your little girl for an OT assessment. You?d have to provide the LEA with some evidence/documentation to substantiate your concerns for an OT referral ? should your request be accepted it could possibly prolong the statutory process and affect the deadlines/timescales to some extent.

 

You could seek a private assessment from an independent OT ? but you?d have to make sure that the OT would be in a position to support you at a later date, should there be a need to go to tribunal.

 

In relation to a making a request to the LEA, most LEAs deem OT as a health-related issue, not an educational one (obviously for monetary reasons). Should your LEA decide to refer your daughter to an OT, if there was overall evidence for your daughter to receive a Statement which included the provision of OT, the likelihood would be that OT would be put into ?part 5? of the Statement non-educational needs, instead of the provision being put into ?part 3? of the Statement ? educational needs.

 

The LEA does not have to implement anything that is written in ?part 5? of the Statement, because anything in part 5 is not considered educational provision; sadly the NHS OT department normally prioritises the more ?severe of cases? for therapy ? your daughter could be left without any therapy even if OT is put into ?part 5?.

 

However, case law has established that OT is also an educational need and should therefore be written in ?part 3? of the Statement.

 

You will need to approach your LEA now and ask for its policy on the provision of OT.

 

A parent can go to judicial review and challenge the LEA?s policy, should the policy state that OT is not an educational provision.

 

I?m trying to have OT written into Daniel?s Statement... it?s a minefield.

 

Helen

Edited by Helen

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I know it's difficult, but try not to worry.

 

The EP will come into the school. If there are recent reports done by professionals they may use them. If you don't agree with any of the professionals reports, you can question the professionals when you get all the advice sent to you.

 

You could have a private EP report done. Helen would be the best person to advise you on this.

 

You are correct to try to switch off for a week. You can pick it all up when you get back.

 

Hope your week is a great success.

 

 

Love Nellie. x

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However, case law has established that OT is also an educational need and should therefore be written in ?part 3? of the Statement.

 

Yes, you are correct Helen.

 

Elefan, if your LEA refused to accept that OT is an educational need they could be seen to be using a blanket policy, which they are not allowed to do.

 

Nellie.

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Thank you both for such informative replies. Things are a little clearer now.

 

I'm so woried about the Ed Psych doing a review of my girl in class, as I don't believe her to be 100% professional. Only my opinion of course, but based on experience!!! :(

 

I will keep you posted on what the LEA says to my request I will make in a week or so.

 

>:D<<'> to both of you!

 

Elefan

xx

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If you don't agree with any of the professionals reports, you can question the professionals when you get all the advice sent to you. 

Elefan, should there be a piece of information within any professional's report that you categorically disagree with, then you could make further written representations available to the LEA, outlining your valid concerns. By doing this, the LEA will acknowledge and record your concerns.

 

The LEA has to record all submitted information, just incase it has to meet with a parent on a personal level at a later date - e.g. should the LEA issue a child with a proposed Statement, then the parent would meet with the child's key woker to discuss the concerns which he/she had brought to the attention of the LEA, in the hope that any misunderstanding will be dealt with.

 

Helen

Edited by Helen

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Elefan, I hope this helps.

 

The LEA must take into account any representations made by parents and any evidence submitted by, or at the request of, parents. This includes anything submitted earlier when the LEA was considering whether to assess. (SEN Reg 7).

 

The LEA must as a minimum seek advice from the child?s parents, advice from educational, medical, psychological and Social Services, and �any other advice which the authority think appropriate for the purpose of arriving at a satisfactory assessment�. (The LEA does not need to seek this advice if it has already been obtained in the preceding 12 months and the LEA, the person giving the advice or the child?s parent are satisfied the �the existing advice is sufficient?.�) (SEN Reg 7)

The LEA should seek the advice immediately and ask those it has contacted to reply within six weeks . There is a ten week statutory time limit within which the LEA must complete the assessment, beginning from the date of the notice to assess.

 

Parents? Advice

 

Parents should now draw their arguments together to send in to the LEA before the deadline is up. If their child is at school and there has been full discussion and consultation with staff they should have a great deal of information to hand. Obviously representations made by parents carry more weight with the authority if there are teachers of others involved in the child?s education who agree with their views and are prepared to write in support. The child?s own doctor, health visitor or social worker may be able to help. If so, parents should get them to put their views in writing and forward them to the LEA with their own report. (ACE Handbook).

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The LEA must as a minimum seek advice from the child?s parents, advice from educational, medical, psychological and Social Services, and �any other advice which the authority think appropriate for the purpose of arriving at a satisfactory assessment�.   (The LEA does not need to seek this advice if it has already been obtained in the preceding 12 months and the LEA, the person giving the advice or the child?s parent are satisfied the �the existing advice is sufficient?.�)   (SEN Reg 7)

Nellie you are correct in what you say, this is relevant as long as a particular department already holds information on the child.

 

The problem arises for the parent when the child isn't known to a specific department, e.g. the parent requests an OT assessment for their child through their parental representations, but there isn't any evidence in their representation to suggest that the child warrants an OT assessment. As the child is not known to the OT department, the LEA has to decide whether it would be worthwhile in agreeing to conduct an OT assessment (monetary reasons).

 

I was informed by an LEA officer that a Statutory assessment can cost in the region of approximately �3,000.00, but I don't know if this sum is accurate...

 

Helen

Edited by Helen

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Helen

 

I have copied the following information from the Education (SEN) Regulations 2001.

You can find all the regulations about assessment on the following link.

 

Sorry, Helen I can't get either of these links to work - you will have to search for it on this site. You are looking for Education SEN Regulations 2001.

 

http://www.legislation.hmso.gov.uk

 

I think to have an assessment done by a particular professional you may have to give enough evidence to satisfy the LEA that the assessment is necessary to identify the childs needs. The LEA has a legal duty to identify a child's SEN. They also have to consider the child's future SEN. Cost is not mentioned, nor should it be!!

 

I have had to take the brackets off all the B's. As I ended up with B) all over the place!!!!

 

 

Nellie.

 

 

Advice to be sought

 

7. - (1) For the purpose of making an assessment an authority shall seek -

 

 

 

(a) advice from the child's parent;

 

b. educational advice as provided for in regulation 8;

 

� medical advice from the health authority as provided for in regulation 9;

 

(d) psychological advice as provided for in regulation 10;

 

(e) advice from the social services authority, and

 

(f) any other advice which the authority consider appropriate for the purpose of arriving at a satisfactory assessment.

 

 

(2) The advice referred to in paragraph (1) shall be written advice relating to -

 

(a) the educational, medical, psychological or other features of the case (according to the nature of the advice sought) which appear to be relevant to the child's educational needs (including his likely future needs);

 

b. how those features could affect the child's educational needs, and

 

� the provision which is appropriate for the child in light of those features of the child's case, whether by way of special educational provision or non-educational provision, but not relating to any matter which is required to be specified in a statement by virtue of section 324(4) B

 

 

(5) The authority need not seek the advice referred to in paragraph (1) B,(c ), (d), (e) or (f) if -

 

 

(a) the authority have obtained advice under paragraph (1) B (c ), (d), (e) or (f) respectively within the preceding 12 months, and

 

b the authority, the person from whom the advice was obtained and the child's parent are satisfied that the existing advice is sufficient for the purpose of arriving at a satisfactory assessment.

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Cost is not mentioned, nor should it be!!

I don't think any LEA would be as daft as to admit that certain decisions (with reference to the statutory process) are made in accordance with how they control their SEN budgets, but the sad fact is that money does play an important part in both the statutory and statementing process - it shouldn't have to be that way, but it is.

 

Each LEA is only concerned with keeping its SEN dosh in the pot for as long as it can, gaining interest until they reluctantly have to provide a child with a much needed type of support/provision via a Statement.

 

Any parent who manages to get a proposed Statement for their child will be offered the minimum amount of support to meet their child's needs, without doubt - it shouldn't have to be that way, but it is.

 

How many parents out there have received their ideal Statement without any fuss whatsoever? In all the NAS meetings/information sessions that I have attended, I have yet to meet a single parent who has been immediately satisfied with their proposed/final Statement.

 

At the end of the day, everything comes down to money and it's usually the parent who has the most to lose - it shouldn't have to be that way, but it is...

 

If there is any member who is interested in how much I've had to spend during the tribunal process and wants an update - just PM me, but you'd better make sure that you have a large G&T at hand and that you're sitting down at the time.

 

Helen

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I don't think any LEA would be as daft as to admit that certain decisions (with reference to the statutory process) are made in accordance with how they control their SEN budgets, but the sad fact is that money does play an important part in both the statutory and statementing process - it shouldn't have to be that way, but it is.

 

Helen, I couldn't agree more. The law is there to protect childrens' rights but, as you have found out, enforcing the law takes courage, knowledge and often huge expense.

 

Very best wishes

 

Nellie.

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Howdi ladies!! :)

 

Just an update,...much as I don't want to have anything to do with SEN, whilst still dreaming of my adventure holiday I returned from on Sunday night!

 

I phoned the designated case officer at the LEA regarding my request for OT assessment, and they have informed me that I need to request it when we have the Community Paed appointment in September. If they (the Paed) think there is a need, then the LEA will consider it.

 

I will let you know how things go.

 

Hope you are all wel.

 

Elefan

xx

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