The importance of a good educational psychologist in EHCP cases

Evidence from an educational psychologist (EP) is the cornerstone for an Education Health and Care Plan (EHCP).

Why educational psychologist evidence is essential for an EHCP

An educational psychologist's primary role is to help clarify and define the needs of the child/young person. EP’s have a statutory role on providing advice and information to local authorities (LAs) for children and young people with special educational needs and/or disability (SEND) and are undergoing a statutory needs assessment (Reg 6 (1) (d) SEND Regulations 2014).

Whilst there is no statutory guidance on how their evidence should be presented, an EP as a matter of good practice should be aware of the 4 key components of an EHCP.

Any assessment and report should:

1. identify key strengths,
2. consider the views of the child or young person,
3. identify SEND needs,
4. recommend the necessary provision to meet those needs and
5. set out learning outcomes expected as a result of the provision being put in place.

An EP should not provide advice on specific needs requiring the input of healthcare professionals such as speech & language, occupational and physiotherapists. Equipment needs can also be addressed. 

Crucially, the EP can address the type of placement e.g. mainstream or special. 

Educational psychologist recommendations in EHCP and SEND tribunal appeals

Recommendations should be directed to overcoming the barriers to learning, and not swayed by financial constraints of those instructing, be it the LA or parent. The approach should be holistic and child/young person centred and professional views should be delivered in the best interest of the child or young person. 

Within the context of a SEND appeal, the overriding duty of any reporting EP as an expert will be to the Tribunal assisting on matters within their expertise. Opinion must be truthful, impartial and independent.

Any provision should be set out, in specified and quantified terms that can be easily incorporated into any Plan in terms accessible to all (as per the SEND Code of Practice).

Good, clear and swift EP reporting is essential.

Some EHCPs are issued without any reference at all to an EP assessment, or EP reports not meeting the necessary standards leaving both the LA and the parent with little to inform the content of any Plan. Not only is this unlawful but it may also result in the parents having to seek an independent assessment at an un-recoupable cost to them.

Parents can ask the EP to consider both LA and parental preferences for placement.

Independent educational psychologists and EHCP timelines

Another issue facing parents is the availability of independent EPs to assess and report upon their child within EHCP timetables. The Tribunal system is evidence driven and without the evidence changes to an EHCP are unlikely to be sanctioned. An EP is always to be regarded as independent with a primary duty to the Tribunal.

LAs are increasingly resorting to trainee EPs (subject to supervision) to undertake assessments, or assessing remotely on-line, as a means to fulfilling their statutory obligations.

Furthermore, LAs are facing an unprecedented increase for requests for EHC needs assessments and appeals on current EHCP’s following Annual Reviews with an ever dwindling pool of appropriate EPs.

When to instruct an independent educational psychologist

Given these pressures, the best advice for parents is to secure an independent educational psychologist as early as possible in the EHCP process. Early expert involvement can make a decisive difference to the quality of evidence and the outcome of an EHCP or SEND appeal.

Specialist legal advice on EHCPs and SEND appeals

If you would like guidance or support, you can contact our special educational needs experts via senexpertsolicitors@boyesturner.com for tailored advice and assistance.