LA and massive delay to EHCP paperwork following Annual Review

[LemonGoby]

Hi

DD who is autistic is in Y6 mainstream with an EHCP with full-time 1:1, a bit of S&LT and also oversight from an ABA consultant in school who advises on strategies. The S&LT historically has frequently not materialised, which we can live with, but the ABA input and the 1:1 support are really important for her.

We had the Annual Review at the beginning of March, (LA were aware but did not attend), and yes, there was the small matter of Covid and Lockdown(!), but to-date we have STILL not had back updated EHCP paperwork following the AR, reflecting the amendments we made in the meeting. In the meantime we have applied for Secondary and I am frustrated and anxious that our choices of school may end up being sent copies of an EHCP which is woefully out of date, or worse has been 'amended' to slash provision without either her current school or I having seen it first. I would not put it past the LA.

They have finally replied to my emails to say her EHCP will go before panel next week. Is this standard following an annual review? We did not ask for additional provision at the AR, only for the provision to remain as it is. Amends we agreed at the AR meeting were small details, mostly to update out-of-date descriptions of issues, and to revise targets.

What I would be hugely grateful to know is the following:

Have the LA broken rules re. timescales for issuing paperwork? (Surely?)

Can the LA remove/scale back provision at this point (ie. so long after AR took place)?

What is the last moment at which they are allowed to amend provision before Secondary? (If we keep to the usual review timetable, there will be her Y6 AR in Feb/March next year for example - will they try and whip stuff out then?)

Is there anything in the Sencop or case law which I can throw at them in an email, which relates to them not being allowed to cut provision at the point of transfer to Secondary unless it has been properly discussed (and agreed?!) with parent first?

Many thanks for any advice!

Is the provision specific and quantified? No woolly, vague wording such as access to, equivalent, would benefit from etc. If so, you can force the LA to provide the provision via Judicial Review. If not, you should focus on tightening the EHCP up.

For secondary transfers LAs must amend EHCPs by 15th February.

This IPSEA link explains the timescales.

Unfortunately, there isn't a time limit on sending the amended draft, only that they must "start the process of amendment without delay" (SENCOP 9.177). Yes, provision can be removed now.

Sadly no such case law exists, except EHCPs should be forward looking and take in to account transitions. (SENCOP 9.61, LS v Oxfordshire CC [2013] UKUT 135 (AAC), Wilkin & Goldthorpe v Coventry CC [1998] ELR 345). With the finalised EHCP you will get the right of appeal should you need it.

Thank you for such an informative and helpful reply, I really appreciate it. The EHCP is (or was, last time I laid eyes on it) absolutely watertight in every word, and quantified and specified to within an inch of its life! So I have no worries about it in its original form, just that they may try to sneak amendments through. Thank you for reminding me about the option of a Judicial Review if it comes to it. Although I really hope it doesn’t.

Brilliant news the EHCP is watertight, too many are vague. I would enforce the SALT. If you give the LA an inch they will take a mile.

Yes, I need to get on the S&LT more I think - a good reminder! Thanks