Talk

Advanced search

Here some suggested organisations that offer expert advice on SN.

LA failure to respond to request for EHCP assessment within the 6 weeks

(15 Posts)
windowdrawing Wed 15-Feb-17 12:42:04

Hi, I'm back with another question - thanks for the replies last time! I am trying to find the answer to what exactly to do when the LA don't respond to request for statutory assessment within the 6 week timescale (deadline is today). Have looked in SENCOP and can't see anything except that LA MUST respond within this time etc. Thanks for any help you can give me.

BoogleMcGroogle Wed 15-Feb-17 16:02:05

Give them a ring and ask to speak to the area manager ( whatever they are called where you like). Tell them they have missed the statutory deadline and you want it considered this week. Let them know you will be emailing the director of children's services if it's not done by the end of the week and ask them to call you with the outcome, not write to you. Once they know that you know yhey have missed the deadline, they will move pretty quick I would have thought.

windowdrawing Wed 15-Feb-17 18:39:38

thanks Boogle - why ring? Is it not usually better to email so there is a record?

imip Wed 15-Feb-17 18:44:41

Yes, email. I was in this position until last week (it was refused). I emailed quoting the relevant piece of legislation. Not that it did much, but then I went to sossen and was going to do a pre-action letter. I think templates for this are on both the ipsea and sossen websites?

Always email, I know have proof that my la took 20 weeks to respond to our request, asking for further information 4 times. Stupidly we did this, we should have moved at the end of 6 weeks, they were just stringing us along.

We are now going to go to tribunal.

Megatherium Wed 15-Feb-17 18:49:42

Definitely email, you need evidence. Tell them you need a decision by, say, Monday, and that if you don't get it you'll have to consider judicial review.

windowdrawing Wed 15-Feb-17 18:53:28

Thanks Imip and Megatherium - just found something on IPSEA saying you should email the LA director. Is that advisable in your experience?

imip Wed 15-Feb-17 18:54:27

Yes, agree with above. we. We said we needed the letter within 5 working days to consider our next steps.

imip Wed 15-Feb-17 18:57:19

We emailed the LA Planning officer. We had her address as the SENCO copied us in on an email to her to hasten the process (um, that obviously didn't work!). Yes, I would email as high S possible. We were told our email was shared in the department as they panicked about how to respond. We believe this to be true as the formatting was not the same throughout the email. Buggers still refused it through, so we are in for the long haul.

windowdrawing Wed 15-Feb-17 19:09:56

Thanks so much imip - what a system - so hard to know what to do at every step!

UserReuser Wed 15-Feb-17 21:46:18

I recently took part in a parent group during an ofsted recently, the inspector let slip the LA had already ADMITTED that MOST deadlines for EHC plans had been missed! So it seems it's actually the norm in some areas, I'm awaiting the report..:

windowdrawing Thu 16-Feb-17 07:34:24

unbelievable UserReuser

windowdrawing Thu 16-Feb-17 14:53:22

just had to pop back to tell you that just before I got the email ready to send today, we got a letter, and they are agreeing to assess! So happy - hurdle 1 over. Thanks for all the help, and hope it's OK to pop back next time I'm flummoxed - which will do doubt be soon!

Megatherium Thu 16-Feb-17 18:18:43

Hooray!

Now make sure they get the right assessments. E.g. if reports are needed from anything like CAMHS, speech and language therapy or occupational therapy, tell them so and ask them to confirm that they've asked for them. And don't be fobbed off with stories about the NHS being unable to provide them within the deadline, or being unwilling to do so because they don't know your child.

tartanterror Thu 16-Feb-17 23:10:00

wonderful news! fingers crossed for you!

windowdrawing Sat 18-Feb-17 16:22:02

Thanks Megatherium and Tartanterror! Thanks for the tips Megatherium, I am unclear about the best way to get all the right assessments. Thinking of booking our own OT and EP, but finding the right ones is hard (tribunal likely). Will do as you suggest re LA assessments

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now