15 consecutive days or working days (school consulting, EHCP)

[lollilou2]

So had my child’s draft EHCP, schools were consulted 17 days ago now but obviously Christmas holidays have delayed things a bit and there’s been no reply.

How long should I wait before I chase up the caseworker?

Consecutive days. In our LA at least, the LA will still set deadlines during the Christmas holiday and will only count the summer holiday as when schools are 'closed'. However that doesn't mean schools will necessarily honour the deadline because their SENCO and relevant staff are unlikely to be working during the holiday.

Thank you. It’s now been 20 days but of course the caseworker is out of office until tomorrow.

I posted on your other thread, but have you emailed the Director to Children’s Services?

I haven’t, as according to IPSEA they actually have 11 weeks from the tribunal order to finalise EHCP?

I only got tribunal decision the start of December.

The LA has 11 weeks to finalise following a RTI appeal, so you wouldn’t be able to use IPSEA’s model letter for breaching the timescale, but you can still email the LA and the school about the school not responding.

caseworker got back to me, preferred school one have stated they are full and can’t meet needs. She stated school 2 are likely to say the same thing, and that LA’s views are that mainstream education is suitable for daughter so therefore when they finalise plan it’ll be put down as electively home educated since I’ve refused their mainstream option.

You need to email back making it clear you are not EHEing.

Unless the school is wholly independent, the only lawful reasons to refuse to name the placement are:
-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.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DD is incompatible. The bar is higher than LAs and many schools admit.

Push the LA to finalise and appeal.

Thank you. My concern is that by appealing that could bring us to half way through year 6, then it will be time to do it all again with secondary .

If the LA doesn’t name your preferred school, the options are appeal, accept they have named a different school or EHE. If you don’t want to EHE or accept the LA has named a school that isn’t your preferred placement, you will need to appeal.

If DD is not attending school and you appeal, you can request an expedited hearing on the basis DD is out of school.

And if she isn’t in school, is alternative provision in place?

No alternative provision as the LA think mainstream can meet needs (even with 2+ year history of EBSA which the EP agreed with). The other problem is even if a preferred school does accept her, since the LA thinks mainstream is suitable, she won’t get transport.

Use one of IPSEA’s model letters to request alternative provision under section 19 of the Education Act 1996. This is separate from the EHCP process. If the letter doesn’t work, you need a pre-action letter.

Don’t worry about transport at this stage. Focus on getting a suitable school named in I. Once the placement is named in I, you can look at pursuing transport and challenging the LA’s decision if they refuse.