EHCP time line

[MimiBeee]

Just wondering how long your EHCP took , I thought by law it had to be done in 20 weeks .
I totally understand delays and being overworked etc but I'm just wondering :)

We sent ours in November . Today I have been told we still are waiting for the education psychology assessment and then the report to be added . So I wonder how long that will take and then how long it will take after it's been added .

My little boy has a rare genetic condition and was diagnosed only last year but has development delay and learning difficulties . I wish we had gotten diagnosed earlier so we could have had this sorted before school because the school is saying themselves that they can't accommodate for him and he's going to be starting year 2 in September and it's just not the right environment for him . We really want him in a specialist school where he will thrive .

Thank you

The EHCP process is governed by statutory timescales. If the LA is going to issue, the LA must finalise within 20 weeks. If they don’t, you can force them to. Email the Director of Children’s Services reminding them of their duty. If that doesn’t work, email again threatening judicial review. Then, if that fails, you need a pre-action letter.

Staff shortages are not an acceptable reason to breach the timescales. If the LA cannot assess in-house within the statutory timescales, the LA should commission an independent assessment.

EHCPs are based on needs, not diagnosis. You could have requested an EHCNA before DS received a diagnosis.

We have been under specialists since 4 days old . Been under community paed since very early and no one ever mentioned EHCP , his playschool which he didn't go to much because of lockdown didn't refer him or give advice because 'mum helps him lots at home '
This is all new to me . So I am just doing my best .

Unfortunately, many don’t mention EHCPs.

And I didn’t say you weren’t doing your best. Just pointing out EHCPs aren’t based on a diagnosis.

Yes I know that , his diagnosis confirms his development delay and learning difficulties . His diagnosis letters helped a lot in his EHCP .

Can I ask , when does the 20 week rule start from ? We have a case worker and today was the first time I've ever bothered her and she wasn't in the best mood !

From when the EHCNA request was submitted.

We started his paperwork in reception , pretty much as soon as he started as it was so clear he needs help and support , and then sent off the November of year 1 .
Thanks for your help , I really appreciate it !

Just looked and it's been 10 weeks since they said they needed the EP report . Phoned today for the first time for an update and still hasn't been done .
Have a new baby and that time has flown!!!!!

The timescales are laid out in the SEN Code of Practice (a govt doc). Google it and read it. A surprising number of professionals appear to be unfamiliar with the contents!

They actually have less than 20 weeks as they need to send you a draft to look at by 16 weeks.

There are template letters on the IPSEA website you can use to complain if/when they've missed the deadline.

Don't start feeling sorry for them+

If the LA is going to issue, in order to meet the 20 weeks timescale to finalise, they should send a draft by week 14, not 16 weeks.

Does anyone know roughly how long from this point more please ?

You can see the statutory timescales here. The LA is in breach of the statutory timescales. My advice is the same as before, email the Director of Children’s Services threatening judicial review. If that doesn’t work, you need a pre-action letter.

I submitted a request on 12 May, it was agreed in draft on 11 August, we still have 5 more weeks for finalising and completing, but it is timelined for signing off before 28 September. Still ongoing from November is ridiculous and illegal.

Thank you , Will complaining speed it up ? I feel anxious because the lady was really abrupt with me for asking such a simple question :(

You don’t want to go via the normal complaints process as that isn’t quick enough. You want to threaten JR (which is sometimes works) then get a pre-action letter (which works in the vast majority of cases, very few get to a hearing) if that doesn’t work.