Robust ThemeDec 09, 2019 2020-04-08 7:40
Failure to Gather information FREE Template
Just wrote this for a member and wanted to share the love and show you what we do....
Please accept this as a formal complaint and forward to the complaints team to ensure I can advance this if necessary.
Failure to provide advice and information.
I am writing as the parents of the above child who is currently undergoing an EHC needs assessment under the Children and Families Act 2014. I understand that the local authority is required by law to seek advice and information about my child's needs, the provision required to meet those needs and outcomes from any relevant professional.
The LA have come up with what seem like numerous illegal blanket policies as to why my child will not have assessments carried out in areas that they have needs.
I will remind you that the LA are responsible fully for ensuring the professionals they request input from respond within a 6 week timeframe. The details around the input is clear. You have requested information from people and for them to respond with - Not known to service etc is not acceptable.
It seems the team managing this need to re-visit the code of practice and law, and re-train the services they are requesting advice from for my child.
9.46 The local authority must gather advice from relevant professionals about the child or young person’s education, health and care needs, desired outcomes and special educational, health and care provision that may be required to meet identified needs and achieve desired outcomes.
9.48 Decisions about the level of engagement and advice needed from different parties will be informed by knowledge of the child or young person held by the early years provider, school or post-16 institution they attend. For example, if the educational provider believes there are signs of safeguarding or welfare issues, a statutory social care assessment may be necessary. If there are signs of an underlying health difficulty, a specialist health assessment may be necessary.
9.49 In seeking advice and information, the local authority should consider with professionals what advice they can contribute to ensure the assessment covers all the relevant education, health and care needs of the child or young person.
Advice and information must be sought as follows (subject to para 9.47 above):
• Advice and information from the child’s parent or the young person. The local authority must take into account his or her views, wishes and feelings
• Educational advice and information from the manager, headteacher or principal of the early years setting, school or post-16 or other institution attended by the child or young person. Where this is not available the authority must seek advice from a person with experience of teaching children or young people with SEN, or knowledge of the provision which may meet the child’s or young person’s needs. Where advice from a person with relevant teaching experience or knowledge is not available and the child or young person does not attend an educational institution, the local authority must seek educational advice and information from a person responsible for educational provision for the child or young person • If the child or young person is either vision or hearing impaired, or both, the educational advice and information must be given after consultation with a person who is qualified to teach pupils or students with these impairments
• Medical advice and information from health care professionals with a role in relation to the child’s or young person’s health (see the section later in this chapter on agreeing the health provision in EHC plans)
• Psychological advice and information from an educational psychologist who should normally be employed or commissioned by the local authority. The educational psychologist should consult any other psychologists known to be involved with the child or young person
• Social care advice and information from or on behalf of the local authority, including, if appropriate, children in need or child protection assessments, information from a looked after child’s care plan, or adult social care assessments for young people over 18. In some cases, a child or young person may already have a statutory child in need or child protection plan, or an adult social care plan, from which information should be drawn for the EHC needs assessment
• From Year 9 onwards, advice and information related to provision to assist the child or young person in preparation for adulthood and independent living
• Advice and information from any person requested by the child’s parent or young person, where the local authority considers it reasonable to do so. For example, they may suggest consulting a GP or other health professional
• Advice from a youth offending team, where the child or young person is detained in a Young Offender Institution. Where the young person is serving their sentence in the community the local authority should seek such advice where it considers it appropriate
• Any other advice and information which the local authority considers appropriate for a satisfactory assessment, for example: o Early Help Assessments o in the case of children of members of the Armed Forces, from the Children’s Education Advisory Service o in the case of a looked after child, from the Virtual School Head in the authority that looks after the child and the child’s Designated Teacher and the Designated Doctor or Nurse for looked after children
9.50 The local authority must give to those providing advice copies of any representations made by the child’s parent or the young person, and any evidence submitted by or at the request of the child’s parent or the young person.
9.51 The evidence and advice submitted by those providing it should be clear, accessible and specific. They should provide advice about outcomes relevant for the child or young person’s age and phase of education and strategies for their achievement. The local authority may provide guidance about the structure and format of advice and information to be provided. Professionals should limit their advice to areas in which they have expertise. They may comment on the amount of provision they consider a child or young person requires and local authorities should not have blanket policies which prevent them from doing so.
9.52 Advice and information requested by the local authority must be provided within six weeks of the request, and should be provided more quickly wherever possible, to enable a timely process. (This is subject to the exemptions set out in paragraph 9.42.)
I therefore request that you return to all professionals who I have requested you consult and who you have seen reasonable to do so, having done so, and tell them you require a formal response of Needs, Outcomes and Provisions within the 6 week timeframe.
I will not be referring my child into services, or waiting long periods for input. It is your job to make that happen in the EHC assessment phase and if you cannot do so with your identified service providers then let me know and I will identify Independent professionals who we can engage to assess at your cost.