EHCP Assessment Timescales

[NoManYesManNo]

Our LEA issued a refusal to assess notice around 4 weeks ago (taking the full 6 weeks to reach the decision).

The case is now with the tribunal service but the LEA appear to have now agreed to an assessment. I have not yet received this in writing and don’t expect to until the deadline for their response to the tribunal service in a few weeks.

I’m now unsure what the “time limit” is for the assessment to be done and a decision on whether to issue a plan should be made by?

Will it be 20 weeks from the “official date” they agree to assess?

No you start from week 6 rather than week 0.

@10brokengreenbottles at which point would week 6 be? The date the LEA officially agree to assess?

Would that mean from the official agreement date, it would be 14 weeks from start to finish?

If the LA concede prior to submitting a response week 6 is the date they notify SENDIST. The LA then have to assess within 4 weeks. If the LA concede after submitting their response there aren't any set timescales, it depends what's agreed in the consent order. Usually it's the same timescales as when tribunals make the order. So, if the LA are going to issue an EHCP 14 weeks from the date of the consent order to finalising, or if they aren't going to issue they must inform you within 10 weeks.

@10brokengreenbottles Thank you.

If an EHCP is issued, do we then get to chose whether we want a specialist school or mainstream? Or do the LEA have to decide?

When you are sent the draft EHCP you get 15 days to ask for any amendments you want and name your school preference. Unless the school is wholly independent the LA can only refuse to name your preference if:
• "The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or

• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources."