Help needed regarding draft EHCP

[philomena15]

I have received draft EHCP for my 6 year old son. He is having a Statement with full term-time ABA support in school.

LA agreed to continue ABA for one more year and then added a phrase "this provision will be reviewed at the next annual review with a view to reduce the amount of ABA provision leading up to and during the academic year 2018-19, in order to increase independence for secondary school".

My son is starting Year 3 in September 2017. So, LA is talking about reducing ABA in Year 4. My son clearly needs ABA as he is lagging behind in expressive language still and also he is well-behaved only with ABA. So, I think it is too early to talk about reducing ABA in Year 4 to prepare for Secondary school.

Please give your feedback on the above lines said by LA. Thanks in advance.

I would ask to have the phrase removed. End of. You can tell the case officer that you are happy to discuss progress at the annUal review. I would also make sure you are very specific with the outcomes in section E, and reflect the ABA in section F. Perhaps seek assistance from the IPSEA helpline for wording. Independence can certainly be a suggested outcome, but be insistent that provision should only be reviewed accordingly.

That phrasing is illegal. There's a case called E v Rotherham where it was held that you cannot have phrasing in a statement which would allow the LA to change the provision without the parents having a right to challenge that through the appeal process.