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Can LA do this re EHCP?

(10 Posts)
amunt Mon 04-Apr-16 22:01:42

Just got sent a draft EHCP, with just section A, E, F (no B, which I know is inaccurate).

The message from officer was "If you could return these to me as soon as possible as I need to take the case back to panel by Wednesday next week for a decision as to whether we should issue an EHC Plan or a Written Feedback".

I thought you had 15 days and assumed I could comment section B too.
Any insight anyone? Thanks

coffeemachine Tue 05-Apr-16 06:50:30

that sounds very unusual. I think you posted about issues with your EHCP before.

I would ring IPSEA for advice (or SOSSEN).

AugustaFinkNottle Tue 05-Apr-16 13:16:55

Some LAs are doing this as one stage in the process of assessment, i.e. they collate the information they get from you, the school etc and put it into a draft EHCP, but that doesn't necessarily mean that they've decided to issue one. I suppose it's meant to be some sort of aid to the panel to help them to decide whether your child needs an EHCP or not.

What should have happened is that they told you within 6 weeks after you or the school requested assessment whether they are going to assess, then they have another 10 weeks to do the assessment and decide whether to issue an EHCP. So if they decide to issue an EHCP they will presumably issue a full draft and give you the 15 days to consult. I suspect you could be still within that initial 16 week period.

But either way, it's probably simplest to check with the case officer.

knittingwithnettles Tue 05-Apr-16 14:25:34

Exactly this happened to me. My solicitor was very confused by the wording "draft" but the caseofficer confirmed that it wasn't a real "Draft" just a draft of the Draft if you see what I mean. I was very concerned that if I had given any feedback at that stage they would have been spooked into deciding NOT to issue the EHCP; however, I have since wondered whether giving more input into the "missing" bits, ie making it clearer what his needs were in the draft might have meant that a different band of funding might have been decided by the Panel.

As it was they did issue the EHCP as it stood because I decided not to go to a meeting to discuss changes before it went to Panel, so the Panel saw it unadulterated, then said yes we have decided to issue an EHCP but only with delegated funding.

PP told me (and I don't know whether I should have listened to them or not) that it was an useful stage to be able to change the draft before it became the OFFICIAL Draft. They told me this when I was rushing to do the 15 day amendments and feeling panicked, and it was basically too late. So I would now have that earlier meeting. My solicitor advised me not to have it in case I was talked into anything, but I think she just didn't realise it was the new way of coming to an agreement on the draft, to talk BEFORE and AFTER.

knittingwithnettles Tue 05-Apr-16 14:27:52

"Written Feedback" is what used to be called a Note In Lieu, ie: not an EHCP but a worthless list of suggestions for SENCOs which is not legally binding.

Ineedmorepatience Tue 05-Apr-16 18:27:02

So they havent actually decided whether to issue a plan or not? But without part B "the childs educational needs" how can they!

Ring IPSEA or educational equality or SOSSEN.

knittingwithnettles Tue 05-Apr-16 19:13:25

I would ask for a meeting to discuss the draft before it goes to panel. Then you can find out what is going on with B.

amunt Tue 05-Apr-16 22:26:16

Thanks everybody. I contacted IPSEA who were very helpful. I was confused because I thought when the panel agreed to assess that this meant an EHCP plan would be issued based on reports etc.. But apparently, once the reports are done it goes to panel again to decide whether to go ahead. Either way I think I need section B.
Thanks again all.

Doordye Tue 05-Apr-16 23:20:00

I thought you had 15 days to consult and let them know you want amendments. So it was more a stop the clock kind of thing, rather than you need to do all the amendements within 15 days. Thats the way ive done it in my LA.

Doordye Tue 05-Apr-16 23:21:54

I dont see how a draft without part B can even make any sense.

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