EHCNA deadline - LA and school not going to meet

[BananaPie]

Has anyone had the LA miss the deadline for making a decision in an EHCNA?

The decision is due for DD next week, but the LA won’t have all of the information: the school have not yet filled out their part (partly due to it being school holidays), the LA were slow to reply to my request for an SLT assessment and it won’t happen until the day before the deadline, and the EP has struggled to get the information they need from the school.

what happens next? Should I ask the LA to give a new date for the decision ? While it would be better for them to have all of the information, the whole process is taking so long I don’t want it to go on for ever!

There are exceptions to the 20 week timescale to finalise/16 week timescale to inform you they are not going to issue if it is impractical for them to meet the deadline because you or DC are affected by exceptional personal circumstances during the process or you or DC are away from the area for 4+ weeks during the process. Or the LA requested advice and information during the EHCNA from the school attended when it was closed for 4+ weeks (other than the last week of the closure) or in the week prior to closure.

The SALT and EP shouldn’t be using the school’s closure to delay providing their advice and information. They must respond within 6 weeks of the LA requesting their advice and information unless you miss an appointment, you or DC are away for 4+ week or are affected by exceptional personal circumstances.

You should chase the LA because even if this applies because they must comply as soon as is practicable.

Mine went over by 28 weeks and I made a
formal complaint which resulted in £800 compensation. The whole process is a joke