How long should LA take to initiate review of EHCP?

[Vinvertebrate]

Hi there

As the title says, DS school requested an urgent EHCP review at the beginning of February. My DS (ASC and ADHD and SPD) is educated alone in a small windowless room in mainstream because he cannot cope with other children and has been physically violent to pupils and staff. He is already excluded from classes in the afternoon.

Last week the school asked me to chase the LA for the "urgent" EHCP review - which I did, reminding them of statutory duties, failure of my son to meet his educational milestones - and they have not even acknowledged my email.

Where do I go from here? Do I need to lawyer up? (We can just about afford it but I'd rather save it for the inevitable tribunal!) What am I supposed to do if the LA will not even reply to emails...

Hoping some MN'ers with wisdom and experience have been in this predicament - thank you in advance for any advice. xx

If you are being ignored email the Director of Children’s Services.

Have the LA even agreed to an early review? Unfortunately they don’t have to agree and if they refusal there is no right of appeal. You would either have to wait for AR or request a reassessment of needs which does have the right of appeal if refused.

Thank you. I thought the EHCP had to be reviewed annually anyway? By the time they’ve finished messing about it will be time for the annual review.

EHCPs must be reviewed annually, but your OP said an urgent review so I took from that it was an early review you and the school were requesting which there is no statutory right to.

Yes, it was an urgent early review - which I thought would mean it would at least get looked at before the annual one was due. But it now doesn't look as though that is going to happen.

I have messaged the DCS with a copy of all my (ignored) correspondence.

Sadly there’s no statutory right to an early review, and no right of appeal if the LA refuse. You would either have to wait for the AR or ask for a reassessment of needs.

Hi, the school should initiate the early review. They write the document, set a meeting date and send invitations. Ideally if the school are going to request a change of placement, then having someone, like the caseworker or SEN Officer from the LA, is beneficial.
Ultimately it is for the school to do all this not the LA. You need to speak to the SENCo and set a meeting date.

Here is a link to some advice
https://contact.org.uk/help-for-families/information-advice-services/education-learning/ehc-plans-assessments/annual-reviews/#process

Ultimately it is the LA’s duty, not the schools. The LA may delegate some of the process but the ultimate duty lies with the LA. See this ISPEA page.