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Statement shoehorned into an ehcp

3 replies

Hedgyhoggy · 22/09/2017 14:46

Received letter at the end of June saying that transfer was going to take place. I chased it up after hearing nothing after the hols (apart from to supply contacts of professionals involved) asking about when would I be able to make my parents contribution and what's happening about assessment of needs. To be told parents contribution has been taken from the statement review which happened just before notice of transfer so it wasn't written for that use. Also ed psych assess would be the one that was carried out when he was 3 he's now 8. The draft has just arrived and it's terrible beyond belief. Cut and paste job. Some bits not even relevant. Really woolly provision. I feel a proper fool for not having chased this up sooner. I know this is just the draft but why do we have to do everything and what about those that can't. This is really just me getting rid of my frustrations and questionning the whole crap of it. Happy just being mum without having to be a bloody expert. And breath!!!

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Ceto · 23/09/2017 01:24

This process is completely illegal. Look at the Transition Regulations and the Transition guidance.

I would also strongly suggest that you report this to the SEN department at the Department for Education: they keep saying they can't do anything about local authorities that break the law unless things are formally reported to them, so the more people who do that, the better.

It's a basic requirement that there has to be a full EHC needs assessment unless you agree that any particular aspect of that assessment isn't needed because the existing evidence is sufficient. Therefore the LA can't just ordain that they will use a 5 year old EP assessment, they have to ask your views - they should also ask if you think other advice is needed, e.g. about speech and language and occupational therapy.

Also look at section 19 Children and Families Act 2014 - I would suggest drawing your local authority's attention to the complete failure to comply with the requirement to have regard to your wishes and feelings and to involve you in the process.

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StarlightMcKenzee · 24/09/2017 12:42

You are still within the transfer deadline. Ignore the draft you have got. Write to your LA case officer stating the trigger date (in June when you received a letter) and ask formally, when you are to expect the full assessments under regs 6, to take place and the names of the people who will carry them out. Point out that you now in week 10? of the EHCP transfer process (Excluding August) and will be expecting the draft EHCP with all new assessments in around 4 weeks for now.

Say that you are concerned that they may not meet their statutory timeline and ask them to reassure you that the assessments have been booked and that they are on track.

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Hedgyhoggy · 24/09/2017 16:01

Thank you so much Ceto and Starlight just writing my letters now.

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