Responding to draft plan

[Cobb121]

Hi everyone, just got a quick question I’ve checked code of practice but it isn’t clear. If additional draft plans are issued, does the 15 days to respond still apply? Even if it would mean the la exceeds the 20 week timescale to issue the final?

Thanks

There isn't an easy answer here.

The 20 week deadline is a hard deadline, the LA must finalise by then. If they don't they leave themselves open to Judicial Review.

After issuing the original draft and giving you 15 days to make representations there is no further requirement for the LA to issue another draft if they aren't going make any amendments or the amendments made are a result of your representations, they could finalise without consulting you again. So, whilst not explicitly catered for in law either way I doubt you could force the LA to give you more than 15 days. If you pushed I imagine they would just finalise. SENCOP 9.125.

However, if the LA make other amendments they must reissue the draft and give you 15 days again.

Rather than going backwards and forwards with multiple drafts push the LA to finalise ASAP and appeal if not satisfied. LAs use going back and forth with drafts as a delaying tactic.

@10brokengreenbottles

There isn't an easy answer here.

The 20 week deadline is a hard deadline, the LA must finalise by then. If they don't they leave themselves open to Judicial Review.

After issuing the original draft and giving you 15 days to make representations there is no further requirement for the LA to issue another draft if they aren't going make any amendments or the amendments made are a result of your representations, they could finalise without consulting you again. So, whilst not explicitly catered for in law either way I doubt you could force the LA to give you more than 15 days. If you pushed I imagine they would just finalise. SENCOP 9.125.

However, if the LA make other amendments they must reissue the draft and give you 15 days again.

Rather than going backwards and forwards with multiple drafts push the LA to finalise ASAP and appeal if not satisfied. LAs use going back and forth with drafts as a delaying tactic.

Great thank you

I agree - do not get into a situation where the draft plan goes backwards and forwards as it wastes time. If the LA is going to make all the changes you want they will do it straight away and finalise.

It is only when the Final EHCP is issued that your right of appeal is triggered. And if you need to appeal, you need to be able to do it sooner rather than later as it is a lengthy process.

The plan had been finalised with out a school named just the type (specialist) so off to tribunal we go. 😩

@Cobb121

Well at least they've finalised it and not kept you hanging on waiting.

Don't bother with mediation - just ring up and ask for the certificate and lodge the appeal straight away. I heard the other week that parents were getting hearing dates in October.

Solicitors always advise to appeal Sections B and F as well as Section I.

Advice here:

www.ipsea.org.uk/appealing-to-the-send-tribunal

Have you found a school you want?

[quote Ellie56]@Cobb121

Well at least they've finalised it and not kept you hanging on waiting.

Don't bother with mediation - just ring up and ask for the certificate and lodge the appeal straight away. I heard the other week that parents were getting hearing dates in October.

Solicitors always advise to appeal Sections B and F as well as Section I.

Advice here:

www.ipsea.org.uk/appealing-to-the-send-tribunal

Have you found a school you want?[/quote]
We’ve found a school but ds isn’t old enough to attend until February. The local authority are telling me they don’t this far advance what places they will have available then which I know is utter bs.

by the time you get a tribunal date it will be December - surely they'll know by then.

Have the LA officially consulted with this school for a Feb start? Ask to see the consultation response.