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EHCP review date looming and last EHCP not finalised yet...help please!(6 Posts)
Hope I can get some advice here. My brain is mush right now so please excuse me.
My child with ASD (Y3) has had a statement/EHCP throughout school. Last June we had the review. First draft did not arrive until November, and correct paperwork (professional reports and EHC2 I spent ages on) not been sent in, so I responded saying "Please amend with the up to date paperwork info included in the draft. 2nd draft was better, but still needed to be less woolly (particularly level of qualifications of staff), so sent in again with annotations. Had my response by email acknowledged at the end of January, then despite me calling/emailing fortnightly I have had no response. Then had email inviting me to this year's EHCP review meeting. As a result, I emailed caseworker, copying in her line manager, and asked that the EHCP be now finalised as a matter of urgency. 2 weeks on and no response.
Apparently the school SENCO has spoken to the caseworker now and they have advised to just work from the draft in the meeting.
What should I do at this point please? I am feeling like they have messed us about for a year and nothing will come of it!
Kick up a fuss. Was there a date it was supposed to be done by? Officially complain and say if they don’t sort it out you will take them to tribunal.
Ipsea website has draft letters you can use
Thanks. I am just really fed up about constantly having to prod them, and for nothing.
This is all rather bizarre. If the EHCP was never finalised, then what they should be reviewing is the statement.
All EHCPs were supposed to have been converted to statements by 31st March, but there is provision for statements to continue to have effect after that date if they haven't been converted. The EHCP transfer process should have been completed within 18 weeks of the start date, and should have involved a complete reassessment unless you and the LA agreed that existing evidence was sufficient. There's guidance here - www.gov.uk/government/publications/send-managing-changes-to-legislation-from-september-2014--3
Write to the LA pointing out that the current situation is unlawful and saying that, unless you have the finalised EHCP within a week you will take judicial review proceedings. There's an information sheet on SOS SEN's website here, and they will do a formal pre-action letter for you if necessary.
Thanks GnotherGnu. Just to be clear, this is her 3rd EHCP that we are awaiting. Our conversion from statement was in 2015 I believe.
I did send out an email warning them it was unlawful and asking them to finalise without delay - that was 2 weeks ago and no response. I just wondered if a JR would be any point so late in the day, as the next EHCP review is early June.
I'm glad you feel I am right to be so annoyed. Just wish I had threatened JR earlier.
I'm also not that convinced that the stuff on either the 2016/17 EHCP or the pending one is being adhered to at school, but been holding out for it to be finalised so it is clearer that they are not following it.