Can my LA refuse private reports?

In this short blog we address one of the most common questions we are asked by parents: can my local authority (LA) refuse to accept a private psychologist report?

The short answer

No.

And the long answer?

The LA have a duty to seek Educational Psychology (EP) advice as part of an Education, Health, and Care needs assessment (EHCNA). This must be someone who is employed (or otherwise commissioned) by the LA. Typically, this will be the LA’s in-house EP team. This is covered in Regulation 6(1) of The Special Educational Needs and Disability Regulations 2014 (The SEND Regulations 2014).

This means that regardless of what evidence is provided – including a private EP report – the LA may still wish to ask their own EP to meet with you and your child. However, the SEND Code of Practice (SEND CoP) is clear that duplication should be avoided wherever possible. Point 9.47 (p.155) of the SEND CoP says:

The local authority should consider with the child’s parent, or the young person and the parties listed under paragraph 9.49 the range of advice required to enable a full EHC needs assessment to take place. The principle underpinning this is ‘tell us once’, avoiding the child’s parent or the young person having to provide the same information multiple times … The local authority must not seek further advice if such advice has already been provided (for any purpose) and the person providing the advice, the local authority and the child’s parent or the young person are all satisfied that it is sufficient for the assessment process.

This means that whilst the LA are free to request their own EP complete an assessment, this must not be done unnecessarily. The emphasis on the word must means the LA are legally obliged to follow this guidance. It is not simply ‘good practice’. Thus, if relevant information is available, it must be considered. So, a high quality and recent psychologist report (i.e., within 12 months) will unlikely necessitate more assessment.

Why do parents seek out private EP advice for EHCNAs?

Parents tell us that they wish to have a private EP assessment for many reasons. In respect of EHCNAs, this is typically because either or both of the following is (or perceived to be) true:

• LA EPs cannot provide assessment and advice in a timely manner due to the chronic shortage of EPs nationwide. Parents have often waited a long time for support and wish to avoid further delays, wherever possible.
• Parents wish to seek an assessment of depth and breadth which may not otherwise be possible due to similar capacity issues within LA EP services.

My LA said they do not accept private reports. Now what?

As a parent, you have the right to submit whatever advice you see fit. This must be considered by the LA. It is not true if your LA tells you that they cannot consider private reports. The SEND Regulation 7(b) says:

When securing an EHC needs assessment a local authority must …

(b) consider any information provided to the local authority by or at the request of the child, the child’s parent or the young person …

So, if your LA is refusing to ‘accept’ a private report, of any description, which you ask them to consider, they may be falling short of their legal obligations. We would always suggest having an open and respectful conversation with your point of contact first, misunderstandings can happen. Offering a gentle reminder of these obligations and for their decision to be put in writing, so that the reasons are clear, may be helpful. And, if in doubt, always seek professional legal advice, which is not always as costly as it sounds.

Good to know …

We are Registered with the Health and Care Professions Council (HCPC), we are British Psychological Society (BPS) Chartered psychologists, and full members of the Association of Educational Psychologists (AEP), amongst others, and are highly trained and experienced professionals.

Whilst some may argue that we have an invested interest in LAs accepting private reports, we would point out that we must follow the same best practice standards and codes of ethics LA EPs do. When completing an enhanced assessment, which is suitable for EHCNAs, we always:

• Complete a battery of standardised pre-assessment questionnaires.
• Review all pre-existing paperwork.
• Complete a thorough assessment directly with the child using a range of approaches.
• Seek the views of parents and carers (and the child, of course).
• Speak with and, as appropriate, carry out assessments with setting staff.

Our reports are evidence-based and cover all major elements of a Plan. This includes, for example, Section B (the child’s needs) and Section F (specific provision to meet those needs). Thus, it is very unlikely the LA will have a legitimate reason to not consider the reports we provide.

Our job as educational and child psychologists is always to put the child at the centre of our work. As independent psychologists we have complete freedom to choose how we work, how much time we spend on an assessment, the detail provided in a report, and the specificity of provision recommended.

Disclaimer and further advice

This blog does not constitute individual advice of any sort, including legal advice. We recommend that you seek independent legal advice if this is what you need. You can also obtain good quality legal guidance, templates, and commentary on the Independent Provider of Special Education Advice website. SEND Regulations can be found, in full on the UK government National Archives website.