Independent EP report for Tribunal

[Carrera74]

I have lodged my appeal with SEND and have got a final hearing date of October! I am thinking of getting a private EP report and have googled local ones. One of them that has come up is the EP who did DS’s report as part of the statement process. She is now retired and has set up her own business.

 

Now here is my dilemma. Parent Partnership have advised me against a private report as I have had the LEA EP involved recently. The LEA EP saw my son in September and did a report but it is very much one sided – it only described a happy relaxed boy. There’s nothing about the deterioration in his behaviour which is why I requested his input.

 

He has advised that care is taken as the LEA would assume their own EP would carry out any necessary assessment. He said it can be difficult if a pupil is assessed too soon after a previous assessment. Also, if an EP carries out different tests then it may be difficult to gauge what level a person is at or what progress has been made.

 

I don’t know what to do. I don’t want to waste money on a report that may actually do more harm than good at appeal. But then again I don’t want to risk not doing everything I can to ensure I have a good case at Tribunal.

 

Has anyone had a private report done so soon after the LEA’s report? The LEA report that was done as part of the statementing process is dated 2007 and had different assessments than the one done recently.

 

Help!

 

[Sally44]

When any professional assesses a child they may do standardised assessments. The professional has to say which assessments have been used and has to detail the findings of them. Those SAME assessments cannot be done again inside of 6 months. However it is often the case that the LEA/NHS professionals do not itemise or cover the difficulties the child is having. In many cases that is why parents seek independent professional reports - because the EP, SALT, OT etc has not identified the child's difficulties or needs.

And if LEA reports are suggesting your child is low functioning, or is coping, or has no needs in a certain area and that is not what you believe, then when the child is privately assessed it MAY give the parent the information required at tribunal to seek the support your child needs. I say MAY because no professional should write a report to meet what the parent wants. They are professionals with a code of practice and ethics.

 

So I don't agree with what the PP is telling you. A private EP CANNOT do the same assessments that the LEA EP did inside of 6 months. They can do other assessments that cover the same area.

 

Let me give you an example of mine. The NHS SALT recently assessed my son for the annual review. She did two different types of assessments on my son basically covering the same area. One came out with a result of severe, the other came out as age appropriate. However there was a slight difference between the two assessments and the SALT identified what it was about the first assessment that caused my son to show a result of severe difficulty.

 

If you do have a private report done, you ideally need an independent professional that does not still work for the LEA or NHS. They need to have experience of writing reports for tribunal, and also if necessary to appear as expert witness. These reports are not cheap. Expect a fee of around £1000. You may well get a cheaper report done. But it may not contain what you need for tribunal. For example I used an NHS OT to write areport for my son. She very clearly identified his needs and I could not fault her report in that area. However when it came to 'specifying the provision he needed', her report said that I should contact my local OT department to see what they could provide! I asked for further clarification of whether he needed an OT sensory programme and whether an OT should deliver it or a trained TA. Again she would not say. So in many respects her report was useless, because I needed recommendations at tribunal to say the OT recommends that xxxx needs a sensory integration programme to be delivered in school .... etc.

 

The private SALT specified that my son should receive xxx hours per term direct 1:1 speech therapy with xxx hours per term for training, liaising with parents/school, observing and taking notes, assessing, attending MEPs and writing an up to date report for the annual review. It also listed the areas of difficulty to be worked on. And all that was included in the Statement and has taken place.

 

An independent report should state what the child needs, not send the parent to ask what the NHS/LEA are able to currently fund. It is supposed to be about what the child NEEDS, and if that is over and above what is currently available, then it is up to the LEA to meet the funding, or provide a placement where that service is provided etc.

 

What is it about your child that the LEA EP has not identified?? What provision do you think he needs that he does not currently have??

[Grace]

Hi,

 

I would really encourage you to seek an independent report. Whatever tests your son has already done, there will be others an Independent Ed Psych can do or at the very least, she will be able to come in and observe him at school and home/speak to you/speak to your DS and hopefully view his IEP's, samples of work etc and give a view on what should be in his statement. Also, at the very least, she should have access to the LEA Ed Psych's test results, so she can interpret them herself.

 

Some Parent Partnerships are more independent than others; always take into consideration those that are funded and even trained by the LEA. Some even are upfront that whilst they will support parents in a battle with a school, they won't support parents with a battle with the LEA - biting the hand that feeds them!

 

The Lamb report even speaks about the fact that Ed Psychs paid by the LEA can have a habit of only recommending provision that they know the LEA can supply.

 

Someone with experience of tribunals and autism and who would be happy to be a witness at the tribunal, I would say is essential.

 

The very best of luck

 

Grace/x