LA saying that they will issue an EHCP, but asking me to sign a consent order first

[EHCP22]

Hi everyone,
After appealing the LA’s decision not to issue an EHCP, they sent a new EP and the LA caseworker emailed me saying that “ in light of new evidence” they will issue an EHCP. However, they will “start the process” after I sign the consent order and the Tribunal acknowledges it. Is this legal? Shouldn’t they at least issue a draft before asking me to drop the case? Also I know that we will no agree to the provision they suggest, so (if possible) I would rather keep the original hearing date and appeal the contents of the EHCP, rather than re-appealing and waiting for months for a new hearing date.
Thanks for reading.

When an appeal is settled before the hearing, but after the LA have responded to the appeal, a consent order is drafted and then sent to SENDIST. A consent order isn’t the same as the LA asking you to withdraw the appeal. The LA won’t send a draft beforehand, they have 5 weeks from the date of the order to issue a draft.

I am presuming this is a refusal to issue appeal, therefore the appeal is focused on whether an EHCP is issued or not, not the content/placement.

Hi, thanks for your response. Yes that’s correct, it’s an appeal to issue. I’m just on edge when it comes to the LA, but it looks like this is the way forward. I guess there will have to be another appeal when they state what they are willing to provide as support.

Hypothetically, if they haven’t issued a draft within 5 weeks of the date of the order can I still go ahead with the same hearing date, if that makes sense? Thanks again

If the LA fail to send a draft within 5 weeks of the date on the consent order or finalise within 11 weeks you would look at judicial review.

Ok, thanks a lot

Hi, why are you against an ehcp? I’m a SEN teacher and dad of two autistic kids, one with an ehcp.

if it’s at the point of it being initiated then if gives you legal protections and the school and council have legal responsibilities.

OP isn’t against an EHCP. If they were against one they wouldn’t have appealed the refusal to issue and they wouldn’t intend to appeal content if it isn’t what their DC need.

It seems I read the OP wrong. In my defence I’m coming back from long Covid and have severe brain fog.

I would like to know why the op wants an ehcp, what’s the needs of the child?

what provision have they offered compared to what op is wanting?

unfortunately I have seen LA’s get away with what should be criminal offence's and children falling between the cracks with offers of part time timetables (which should be nigh on impossible with an ehcp), or parents told the provision can’t meet needs with no alternative that can.

The appeal is a refusal to assess appeal, so there isn’t a draft yet. The OP won’t yet know what the LA propose to include in a draft. Whatever DC’s needs are they don’t change the process of the consent order.