EHCP non-review (age 19)

[TeenDivided]

I've had such help from this board, wanting to sanity check my next step.

DD missed y11 and got her EHCP in y12 (anxiety, depression, processing issues, dyslexia, dyspraxia). Did 2 years in college.
Plan for 'y14' fell apart, LA couldn't help bar saying 'be in college on a full time course' so we have been doing our own, structured, thing involving education, work experience and (fully funded) therapy.

I am happy with us doing our own thing, and although it would be lovely if the LA paid for the tuition/exams DD is doing, we can afford it and I don't want the hassle as it is unlikely to be fruitful.

I want the EHCP to stay 'live' just incase DD wants to go back to college when a bit better, or in case it is useful for an apprenticeship. So I asked for an annual review (with me, the LA and DD's social worker).

LA have now said they haven't time to participate in an annual review as 'busy with phase reviews'.

Option A.
Email back saying 'That is fine, provided we all understand the EHCP is staying live'.

Option B.
Send in a report on what we have been doing, progress etc, including a formal statement saying EHCP needs to continue, get it agreed by the SW.

Option C.
Kick up a fuss and say I want the EHCP to be reviewed and as she is EOTAS the LA has a duty to be involved.

Option D.
Try to do a review myself to their format?

Option E.
Say fine happy to defer to June when phase reviews done

Option F.
??

My instinct is to do B, but will that just be asking for people to interfere, and would I be better off doing A? Or do I need to do C, D , E, or F?

Any opinions?

LA couldn't help bar saying 'be in college on a full time course' so we have been doing our own, structured, thing involving education, work experience and (fully funded) therapy.

This wasn’t correct. They were fobbing you off.

Personally I would do option C or a version of it. Before using the term EOTAS is it is actually classed as EOTAS? You say you have been doing your own thing and the LA said they wouldn’t help, that suggests not. Has DD’s EHCP been amended so that section I is blank? If so, are you sure an annual review is due and it is not an early review you need. Has F been amended to reflect an EOTAS package? Your post suggests not otherwise the LA would already be responsible for ensuring the provision is provided.

The LA doesn’t get to say they are too busy for an AR. EHCPs must be reviewed at least annually. Email the Director of Children’s Services reminding them of their statutory duty and threatening JR.

An EOTAS package is more than possible and can provide far more than the vast majority of parents can afford to fund independently. It also provides legal protection.

Option D isn’t an option. An annual review can’t be undertaken without LA involvement. Although LAs don’t always attend the actual meeting.

LA couldn't help bar saying 'be in college on a full time course' so we have been doing our own, structured, thing involving education, work experience and (fully funded) therapy.

This wasn’t correct. They were fobbing you off.

Well, regardless, they failed to help, and as we could organise our own thing, we did. They kept saying DD had to do a full time course at college to access FS tuition, but for various reasons we disagreed with her doing that. No college would take her just for English/Maths.

Personally I would do option C or a version of it. Before using the term EOTAS is it is actually classed as EOTAS? You say you have been doing your own thing and the LA said they wouldn’t help, that suggests not. Has DD’s EHCP been amended so that section I is blank? If so, are you sure an annual review is due and it is not an early review you need. Has F been amended to reflect an EOTAS package? Your post suggests not otherwise the LA would already be responsible for ensuring the provision is provided.

I asked for an early review when it became clear in July the plan for September wouldn't work. I kept asking. Didn't happen. So no, the EHCP has not been amended. I asked in November for her 'annual review' but have now been fobbed off again. I have deliberately been using the term EOTAS with them however.

The LA doesn’t get to say they are too busy for an AR. EHCPs must be reviewed at least annually. Email the Director of Children’s Services reminding them of their statutory duty and threatening JR.

I take your point, though I really don't want to go down JR route.

An EOTAS package is more than possible and can provide far more than the vast majority of parents can afford to fund independently. It also provides legal protection.

Can you please expand on the legal protection aspect?

Option D isn’t an option. An annual review can’t be undertaken without LA involvement. Although LAs don’t always attend the actual meeting.

The lady from the LA said she is 'happy to email any support or recommendations needed' . Whatever that means.

I just want it to stay live as it will keep the door open to returning to college either this September or even in 2025 should she be well enough to cope with the next level course. The EHCP was never that good, but it served its purpose at the time.

I didn't say thank you. Thank You. It is really helpful just having someone to say what should be even if it isn't, and to help me feel empowered.

Option D still isn’t an option. Emailing any support or recommendations needed still wouldn’t make an AR possible. The LA must be involved in the AR process even if they don’t attend the AR meeting. For example, following an AR meeting the LA must decide if they are going to amend or not. If they weren’t to be involved they couldn’t do that. When was the last AR held?

Using the term EOTAS muddies the water because DD isn’t receiving EOTAS and hasn’t had it agreed. The college she isn’t attending will still be named in I. The LA is still responsible for the provision in F, though.

By legal protection I mean EOTAS protects DD’s entitlement to the special educational provision she reasonably requires, which can include functional skills tuition and exams if required (this was the LA fobbing you off again). In case it is relevant to you, EOTAS means DD will remain in education so can still be an eligible child until 20 for child benefit.

For a 2024 college start you really need a review now anyway. If you are thinking it is more likely to be 2025 and you really don’t want anything from the LA but want the EHCP to be maintained just don’t do anything unless they do. LAs are so slow if you don’t chase they may not have caught up with you by then anyway. In your situation (18+ young person no longer attending the placement named in I so not receiving training/education) the LA will need to hold a review prior to ceasing to maintain anyway to ascertain if DD wants to return to education/training or that it wouldn’t be appropriate (Reg 30, SEN Regs 2014). At some point the LA may hold a review and look to cease though, but maybe not before DD returns to college and if you then appealed the EHCP would have to be maintained until the appeal concluded.

If you don’t want to do a version of C I wouldn’t do anything because anything else draws attention to you which may result in the LA trying to cease the EHCP.

Thank you again. Lots to think about!