LA not responded to EHCP assessement

[Shellycakes]

LA have not responded within the 6 week deadline to give a decision about request for EHCP assessment. Do I just have to wait? If they refuse does the fact they haven't adhered to time period make any difference?

In my own experience (Norfolk council) they took a year from start to finish! So they don't always adhere to the timescales. But they should do so I would ring them and nag and nag and nag. That's the only way I got anything done at all.

Thanks - will be calling tomorrow to nag!

All of DD's deadlines were breached by EHCP Coordinator. All you can do is make a nuisance of yourself, phone daily and back up each phone call with an email so you create a paper trail. It worked for me.

Don't just nag, tell them if you don't have a decision by Monday you will have to consider taking them to court by judicial review. If it still doesn't appear, contact SOS SEN about getting an official judicial review pre-action letter written. That will almost certainly produce a decision, but if by any chance it doesn't and you had to go to court you could get legal aid in your child's name to do so.

As part of the SEND reforms the Council for Disabled Children funded the Independent Support service to help families navigate through the process of gaining an Education, Health and Care Plan (EHCP). Every Local Authority will have one, you can find yours here councilfordisabledchildren.org.uk/independent-support
As the name implies they are independent of the Local Authority and any education setting. They can provide face to face support, help with thinking about the best future for your child with a Special Educational Need (SEN) and most importantly ensure that the support provided by the EHCP reflects the childs own views and aspirations.

No don't just wait. Ring up, complain, involve your local councillor and generally make a nuisance of yourself until the LA does what they are LEGALLY supposed to do.

For the record it took us 71.5 weeks to get an EHCP for our son. And that was after 3 official complaints, one of which was referred to the Local Government Ombudsman who are now investigating the LA, involving the local councillor twice, engaging a solicitor and appealing to the SEND Tribunal, all of which was totally unnecessary as there was no way our son did not need an EHCP