EHCP assessment decision being made the day term ends - did I dream something about a 4 week extension for reports etc over holidays?

[CatONineTails]

Basically they've told me that if they decide to assess they will have to carry it out without any additional reports or any input from the advisory teaching service due to the date they're making the decision (25th July).

I'm sure I've read before about a 4 week extension in such circumstances but can't find details anywhere. Does anyone know about this or did I dream it? I'm really worried they'll insist on sticking rigidly to the 6 week deadline and thus not actually getting all the input needed to write a useful plan!

[magicroundabouts]

IPSEA website has lots of info. By law LA has to request educational advice as part of the assessment process. Have a look here www.ipsea.org.uk/what-happens-in-an-ehc-needs-assessment.

Info about 4 week rule here www.senexpertsolicitors.co.uk/site/news/local-authoritys-duty-to-consult-over-the-summer-break

[CatONineTails]

Thank you :)

I'm confused by this bit tho as it seems to be talking about what happens if they are not going to issue an EHCP?

"This is found under regulation 10(4) of The Special Educational Needs and Disability (SEND) Regulations. Regulation 10 (1) states that, when a LA is making a decision not to issue an EHCP, it must notify parents (or the young person (YP)) within 16 weeks of the LA receiving the initial request for the EHC needs assessment.

Regulation 10 (4) sets out when the LA does not need to comply with the 16 week time limit. In essence, the LA does not have to comply where it is impractical to do so because:

(a) the authority has requested advice from the head teacher or principal of a school or post-16 institution during a period beginning one week before any date on which that school or institution was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens;

(b) the authority has requested advice from the person identified as having responsibility for special educational needs (if any) in relation to, or other person responsible for, a child’s education at a provider of relevant early years education during a period beginning one
week before any date on which that provider was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it reopens;

(c) exceptional personal circumstances affect the child or the child’s parent, or the young person during that time period; or

(d) the child or the child’s parent, or the young person, are absent from the area of the authority for a continuous period of not less than 4 weeks during that time "

Or is that just strange wording I'm usually pretty good at legalese but this has me stumped.

[magicroundabouts]

It is confusing because assessment should be completed within 6 weeks from LA agreeing to assess (weeks 6-12 on the timeline). However, legally they have up until week 16 to refuse to issue a plan. This is the absolute maximum amount of time assessment and decision can take from a legal standpoint and that's why it is cited.

I hope that makes sense! I had to read it a few times to get my head round it too. I am having issues with our LA. They want to issue DS's EHCP in the holidays, but we have requested a special school and they won't have time to respond before the end of term-aargh!

[BackforGood]

but, presumably the advisory teachers will have put in their evidence, for the panel to be making the decision to assess. They won't re-write the reports, even if it were in term time.

[tartanterror]

Regulation 10(4) a is the bit you’re thinking of. If the school have to participate in the assessment process then over the summer break this will not be possible so a 4 week delay in the usual timeline is permissible.

[CatONineTails]

No, there's been no advisory teacher input so far - it was me who put the EHCP request in and DS is at a school in the neighbouring LEA so apparently our home LEA would usually send them out after making the decision to assess. We've got an Ed Psych report but other than that all the evidence we've sent in has been from school staff with no outside input.