LA 'giving up' on transferring Statement to an EHCP? Can they do this?

[pannetone]

DS is Year 9 so his Statement is meant to be transferred to an EHCP by the end of this academic year. My LA told the school to hold a annnual review/transfer meeting and this took place in Jan (LA didn't attend) and the school and I completed all the paperwork and submitted this.

For 3 months I heard nothing but now I have a letter saying DS's case was taken to panel for 'consideration of his placement' (?) and the Panel (having noted DS is making good academic progress) have decided that as he is on a reduced timetable it isn't appropriate to do the transfer. They 'will aim to hold a further review towards the end of the summer term so this can be actioned.' Can the LA do this? Does it matter?

In the meantime the LA are getting a specialist advisory teacher in to put together a programme to increase DS's time in school - which is a separate issue to deal with.The LA seem very reluctant to accept medical advice from CAMHS that DS can't yet manage full time education in school - it is a balancing act between him doing as much as he can, but not increasing his anxiety and stress levels to the extent he doesn't make it into school.

[AugustaFinkNottle]

I don't think they can. As you say, they're meant to have done this by the end of the year, and anyway having begun the process they have to complete it within 20 weeks. Have a look at the regulations on transition - www.ipsea.org.uk/file-manager/SENlaw/the-children-and-families-act-transitional-and-saving-provisions-no-2-order-2014.pdf.

They should also be arranging something like home tuition for at least some of the time he isn't in school, if he can cope with it.