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Original poster

EHCP as not been issued - Secondary school application

34 replies

Veronica25 · 06/10/2021 12:14

DD is due to start Secondary School in September 2022. We were informed that the EHCP was approved and we could apply by the 6th October using the SEN application and they will begin consultation even though the plan has not been issued yet. Today we emailed the application naming one school which is a state school outside the borough.

Now the LA is saying that because the EHCP has not been issued yet we should go through the normal school application process and they will take it from there once the plan is issued?

What are our chances of getting the school we want if the LA doesn't start the consultation on time? what are our rights? how long do they have to issue the EHCP? Should we just apply through the normal school application process and name the same school?

Thank you

OP posts:
Imitatingdory · 07/10/2021 19:28

I would make a normal application unless you physically have the EHCP, LAs are notoriously untrustworthy and often act unlawfully. I would worry they will go back on their word, force you to appeal and you will be left without a place via the normal admissions procedure either.

When the LA issue a draft you will get at least 15 days to make representations and name a school preference. Given it is a transfer year, the LA are likely to ask you to name a preference for the rest of Y6 and one for Y7 so they can still meet the 15th Feb deadline.

Even though you won't get in without an EHCP still put the school you want on the normal admissions form. They you can appeal if you aren't offered a space and the LA go back on their word about the EHCP. Do they have an exceptional medical or social needs category?

Original poster
Veronica25 · 07/10/2021 16:52

Thank you for your help.

Yes, I have been communicating by email with the SEN person from the LA. They told me the deadline to issue the plan is November.

I would have at look at the letter; hopefully everything will go to plan.

OP posts:
Ellie56 · 07/10/2021 14:50

It maybe they are insisting on you following the normal admissions procedure as she does not yet have an EHCP in place.

They can't change their mind once they have agreed to issue a plan. I assume you have the decision in writing?

Assuming you have the decision in writing, keep tabs on the timescales, and send the model letter I linked to above, if they breach the deadlines. The final plan naming your preferred school should be issued 20 weeks after the initial request for an EHCNA.

Original poster
Veronica25 · 07/10/2021 14:11

Thanks Ellie.

You are correct, we have been informed by the school and the LA that they have agreed to issue an EHCP and it is in the process of being written.

I got concerned because they are now saying to also apply through the normal process so worry they could change their mind. I understand now there is not much we can do but wait until they write it and hope they keep their word.

We are not close enough to any of the good schools in the area so are really depending on the EHCP to nominate the school we want.

OP posts:
Ellie56 · 07/10/2021 12:23

@Veronica25

On your other thread you said they had already agreed to issue an EHCP?

When the draft plan is issued, The LA should still follow the correct process and ask you to name your preferred school. The LA should then consult with your chosen school along with any others they choose to consult with.

If the LA is delaying issuing the plan and is in danger of breaching the timescales you can use the model letter here to complain.

www.ipsea.org.uk/complaining-when-a-local-authority-does-not-send-a-draft-or-final-education-health-and-care-plan-on-time-model-letter-10

Original poster
Veronica25 · 07/10/2021 09:07

Thank you for taking the time to reply. It is very helpful. I am trying to confirm what week are we on exactly as the application was done through the school.

The Information Advisory Service has replied to my email and confirmed the same. My concern is that they change their mind as DD and us set our eyes in a particular school which is in a different borough and we won't get it unless it is named on the plan.

Assuming the plan does get approved and issued will they still consult us about the school we want? or will they just use the schools we put in the normal school application to consult with them.?

OP posts:
Imitatingdory · 06/10/2021 13:13

In which case you absolutely must apply via the normal admission round because the LA could still refuse to issue.

Original poster
Veronica25 · 06/10/2021 12:46

Thank you.

School applied before the school holidays in July, I think we are in week 12, need to double check.

OP posts:
Imitatingdory · 06/10/2021 12:26

What week are you on? If the LA are not going to issue they must inform you by week 16. If the LA are going to issue they must finalise by week 20. In order to do that they should send you the draft by week 14.

EHCPs have to be amended by February 15th in transfer years. Although you may find the secondary school is named for Sept 22 when it is first finalised.

As Ellie posted on your other thread, there are limited circumstances in which the LA can refuse to name your preference. If they don't name your preference you can appeal.

I posted on your other thread about applying via the normal admissions procedure.