Anyone in Lancashire, how long did the ed psych assessment take to be arranged when putting in for an EHCP?

[1995SENNDMUM]

Child is due to start school in September 2025, I've heard of people in the area waiting 6+ months so I know we're cutting it a bit too close as am just doing the ECHNA now? Wondering if anyone else in Lancashire has had a better experience or if a 6-month wait is the norm?

[Headfirstintothewild]

The EHCNA process is governed by statutory timescales. The process takes 20 weeks unless you have to appeal (sadly many do). The LA must inform you if they are going to assess or not within 6 weeks. If the LA assess, anyone asked for advice and information during the EHCNA must respond within 6 weeks. Then, if the LA is not going to issue, they must inform you by week 16. If they are going to issue, they must do so by week 20 and in order to do that should send a draft by week 14.

LAs often think the timescales don’t apply to them, but you can enforce them. A ‘waiting list’ and lack of EP time is not a lawful excuse for not comply with the legislation. If the LA cannot assess in-house within the statutory timescales, they should commission an independent assessment.

[1995SENNDMUM]

@Headfirstintothewild

The EHCNA process is governed by statutory timescales. The process takes 20 weeks unless you have to appeal (sadly many do). The LA must inform you if they are going to assess or not within 6 weeks. If the LA assess, anyone asked for advice and information during the EHCNA must respond within 6 weeks. Then, if the LA is not going to issue, they must inform you by week 16. If they are going to issue, they must do so by week 20 and in order to do that should send a draft by week 14.

LAs often think the timescales don’t apply to them, but you can enforce them. A ‘waiting list’ and lack of EP time is not a lawful excuse for not comply with the legislation. If the LA cannot assess in-house within the statutory timescales, they should commission an independent assessment.

The EHCP paperwork is going in this week. When you say enforce I know the first step is trying complaints letters. Is it that you have to wait until a day past the statutory deadlines to put that first complaint in or can I say do so earlier if I get any word before that that the LA definitely wouldn't be following them?
Just want to be as ahead of the game as possible as I ve heard such awful things about my LA from other parents.

[Headfirstintothewild]

If the LA look like they are going to breach the timescales e.g. they tell you it will be 6 months for an EP assessment you can warn them you will pursue legal action if necessary. For judicial review proceedings you would need the LA to have acted unlawfully.

[1995SENNDMUM]

@Headfirstintothewild

If the LA look like they are going to breach the timescales e.g. they tell you it will be 6 months for an EP assessment you can warn them you will pursue legal action if necessary. For judicial review proceedings you would need the LA to have acted unlawfully.

So complaint prior to breaching timescales when they ve said they will do so, but it has to be past any to go to the LGO or a judicial review. Thank you,that makes sense, it's a lot to wrap your head round.

[Headfirstintothewild]

LGO takes too long.

Complain to the Director of Children’s services if the LA say the wait will be ages (but the normal complaints process timescales are too long). If that doesn’t work, email again threatening JR. Then, if that fails, you need a pre-action letter. That mostly works. If it doesn’t look to begin JR proceedings.

[Ponche]

@1995SENNDMUM I’m going through the same thing but not in Lancs.

My DD is also starting school in Sep 2025, we just found out the LA are going to carry out a needs assessment. In the letter they mentioned they may not meet statutory timescales but have not given an indication of how long the wait for an EP is (I asked via email and they gave a vague response).

It’s so frustrating.

[1995SENNDMUM]

@Headfirstintothewild

LGO takes too long.

Complain to the Director of Children’s services if the LA say the wait will be ages (but the normal complaints process timescales are too long). If that doesn’t work, email again threatening JR. Then, if that fails, you need a pre-action letter. That mostly works. If it doesn’t look to begin JR proceedings.

Thank you for your thorough explanation, I know what I ll need to do now. I presume if it came to a JR you can represent yourself, we apparently aren't eligible for any legal aid as my husband works and I don't think our home insurance legal cover will do it.

[1995SENNDMUM]

@Ponche

@1995SENNDMUM I’m going through the same thing but not in Lancs.

My DD is also starting school in Sep 2025, we just found out the LA are going to carry out a needs assessment. In the letter they mentioned they may not meet statutory timescales but have not given an indication of how long the wait for an EP is (I asked via email and they gave a vague response).

It’s so frustrating.

There's groups in my city/council on facebook for parents with kids with SEN/autism so I ve asked on there to get an idea of waits from people. Worth a try finding one local to you if you haven't already.

[Headfirstintothewild]

For JR proceedings themselves for breach of EHCP timescales, DC can be eligible for legal aid in their own right. 

It doesn’t cover the pre-action letter (that would only be covered if you were eligible for legal aid yourself). SOSSEN can help with these pre-action letter, but there is a long wait at the moment, so for a quick resolution, if you can afford it, looking elsewhere is a good idea.