EHCP

[MabelsBeats]

Hello

My daughter is in year six. She has an EHCP, and has had one for years. This is a transition year for her, and we are keen to get a suitable secondary school named on the EHCP.

The annual review happened in October 2024. The council still hasn’t finalised the EHCP. After we made a formal complaint that they hadn’t sent us a draft within the statutory timeline, we received a draft (the formal complaint was upheld).

I went back to the council on the draft outlining changes required (they are trying to take things out of the EHCP). There were three changes to be made. This was a month ago.

They have still not finalised the EHCP, and (after much pushing) the council has now said there is a new caseworker and she wants to have a discussion with us to understand DD’s needs.

I do not want a discussion - they have all they need to finalise the EHCP and consult with schools. They need to name a school by 15 February but have not yet consulted with any schools as ‘the EHCP is not finalised’. I’m like ‘well finalise it then’. We have no doubt that we will need to take the council to tribunal to get the right school named, and these delays from the council feel deliberate, to run down the time until start of secondary in September.

I plan to raise another formal complaint. Is there anything else I can do? Any advice appreciated.

they have all they need to finalise the EHCP and consult with schools. They need to name a school by 15 February but have not yet consulted with any schools as ‘the EHCP is not finalised’. I’m like ‘well finalise it then’.

Consultations happen before the EHCP is finalised.

The LA should have sent the amendments within 4 weeks of the meeting and they must finalise within 8 weeks of sending the draft and because it is a secondary phase transfer by the 15th Feb at the latest. Depending on when you had the review meeting in October, they may not be over the timescales yet and there is still time to consult schools. If they are, use IPSEA’s model letter to send the Director of Children’s Services. The timescales of the formal complaints process take too long. If you need to take enforcement action threatening JR, a pre-action letter, JR if necessary is the better route to enforcement.

Thank you, this is really useful. I have an IPSEA model letter ready to go to the Director of Children’s Services.