What happens if I miss a deadline on my draft EHCP form?

[ItsPrettyGoodReally]

Hi,

I wondered if anybody knows what will happen if I don't send the draft EHCP form back within 15 days?

I have written to ask for an extension but the SAT team person is too busy to reply to my email. The deadline is Friday this week.

I don't know whether to fill in the form and explain on it why I can't answer the questions, and ask for a deadline extension on the form. Or else if I should just not send it and trust that they will grant the extension that I have asked for.

It the first time we have been offered an EHCP.

Other problems:

• The form wants us to choose a setting but we can't because we haven't received the replies from schools, so we don't know if any can meet need, and haven't visited any yet.
• The form says if we leave the setting field blank we'll be sent back to the current school, which would be terrible for the school and us.
• I know the current school have replied to say they can't meet need.
• The ed psych said EOTAS might be best, and I know I need to leave the Setting field blank for that, but the form says if I do that we'd be sent back to the current school. Does that mean I should write EOTAS in the box? But what if I do that and there was actually a really suitable school available if we'd only got the replies?
• The SAT team person offered me a teams call but I couldn't do it because I was flattened with covid that day.
• The SENDIASS person is on holiday all week.

I tried phoning a paid helpline and the lady was very glum about it and said there was no point as the whole system is up the chute. Tbh, I start to feel she may be right.

I've posted here many times before by I name change regularly.

I would be grateful for any advice. They question really is, will they give me an extension, or should I just return the form and say on it that we have no idea?

Thanks!

You could post on the EHCP thread?

Thanks, good idea.

The ed psych said EOTAS might be best

For EOTAS it has to be inappropriate for the provision to be made in a school. If that applies to DC then you should say that to the LA. You will need more than ‘might be best’.

You can request longer. Don’t just not contact the LA further, chase an answer. Schools aren’t consulted until after you have stated your preferred placement. Some won’t speak to parents until the LA formally consult, so don’t wait if you have a school in mind.

If parents don’t request a placement section 40 of the CAFA 2014 applies so the LA must name a placement they think would be appropriate or specify the type they think would be appropriate.

Thanks it actually really helped writing this OP and I was then able to go back and fill in the form, cobbling together things from what the SAT office person had told me. So it's done now. Fingers crossed it works.

It is worth being aware the LA won’t always tell you accurate information.

Thanks, yes I've heard that.

The person definitely told me that that box is just for me to suggest other schools that they can send the draft to, and not for us to make the final choice, so I suggested two, that would both be fine.

Tbh, we're basically EHE at this point with a side order of LA paperwork. If the whole thing goes up the chute and we end up home schooling and doing the LA paperwork forever without ever achieving anything, it probably wouldn't be the end of the world.

This is what I mean. Unless your preferred school is wholly independent (is it?) the LA must name your preferred school unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
So whilst the LA can name a school that isn’t your preference, by law they should only do this if they can prove one of the above reasons.

I don't actually know if any school is willing/able to meet DC's needs.

The Ed Psych stated that DS needs to home school from paper resources with me as teacher for as long as needed, and I'm not sure that any school is willing to accommodate that.

I think I will only know when we hear back with the school's responses to the draft and I haven't had any responses yet. I can't possibly be expected to choose a school when I don't know which have said they can meet need.

The SAT person said that the setting box at this stage was just for me to name any other schools that we would like her to send a draft to. Hopefully that was right.

Unless the school is wholly independent you don’t need an offer of a place. The LA can and must name your preferred placement unless the LA can prove one of the exceptions above even if the school objects.

Schools aren’t consulted until after you have made representations.

The Ed Psych stated that DS needs to home school from paper resources with me as teacher for as long as needed

This needs amending. As long as needed is very subjective. Paper resources would be what exactly? Home school implies elective home education. You as teacher shouldn’t be in the EHCP.

and I'm not sure that any school is willing to accommodate that.

If DS was not to attend the school then it shouldn’t be named in I.

It's kind of you to chat, but I think I will just wait and see what happens now. I've been round this loop so many time with so many people, and all I can do is wait and see what happens really.

Rather than waiting to see what happens, if you think EOTAS is required, you should ask the LA to go back to the EP to amend the report because from what you have posted here it is inadequate.

It's okay, the report is not inadequate. It makes really clear that a setting must be provided for DS which conspicuously doesn't exist.

If it uses the wording you have written here then it is inadequate. “Might be best” doesn’t actually mean it is legally required and it doesn’t make explicitly clear it is inappropriate for the provision to be made in a school (the legal threshold for EOTAS). If that wording ends up in the EHCP it is completely unenforceable. “As long as needed” is too subjective. Would this be a one week transition into a setting or until the first AR or…? What makes it needed/not needed? “Paper resources” is not detailed enough. What exactly do they mean? 2 sheets of paper to see DS through the whole year covering only 1 subject? Or something more? “Home school” implies EHE which would relieve the LA of their duty because you would be making suitable alternative arrangements. You as teacher should not be in the EHCP.

Has DS had SALT, OT, psychiatrist &/or clinical psychologist assessments? Do they make it explicitly clear it is inappropriate for the provision to be made in a school? Do they include detailed, specified and quantified provision for F?