Lack of secondary place 15 Feb

[MabelsBeats]

Hello

DD has an EHCP and is moving from year six to year seven in September 2025.

My understanding is that by 15 February the LA must issue a final EHCP/Statement for every child going through a phase transfer.

Apologies for the bold, I copy pasted that from elsewhere.

I am planning on complaining to the council on the basis that it has breached the deadline of 15 February for issuing a final EHCP. It has not named a school for DD and seems to be washing its hands of responsibility for not naming a school as apparently one of the schools that they consulted with has not responded to their request.

How can the council just say ‘the school has not responded so we can’t issue you a place, so you’ll just have to wait indefinitely, it’s not our fault’. We anticipate having to go to tribunal to get our preferred school named in section I, and delaying beyond 15 Feb then reduces the chance of DD having a school place for September, hence my concern.

I would be most grateful for advice on next steps. Specifically I am trusting that the 15 February date is correct and cannot be pushed back by the council, as I would look stupid to put in an official complaint if this deadline is not hard and fast.

Many thanks in advance.

The 15th Feb is correct. It applies to all existing secondary transfer EHCPs.

You say the LA hasn’t named a school but have they finalised with type or with I blank? If so, you can proceed to appeal now.

If they haven’t finalised at all, email the Director for Children’s Services threatening judicial review if they do not finalise ASAP. If that doesn’t work, you need a pre-action letter. Then, if that fails, JR proceedings will work. The normal timescales of the complaints process take too long and aren’t a suitable remedy in this case.

Thank you. It’s not finalised and as such section I is blank as you say.

Sorry, perhaps I wasn’t clear.

If the EHCP has been finalised (whether that is with a placement named in section I, whether it is with just a type of placement named in section I, or whether section I is blank), you can appeal now.

If the EHCP hasn’t been finalised (and thus section I is blank because section I must always be blank in drafts) then you should follow the advice in the last paragraph of my previous post.

Thank you so much. The EHCP has not been finalised, and I will follow your advice in the final paragraph of your initial post. I’ve downloaded the draft form of words to send to the Director for Children's Services and will finalise it tomorrow.

The council has come back and said ‘here’s your finalised EHCP but we’ve left section I blank’.

I am so disappointed, they are just playing games. I don’t know where to go from here, as they’re saying ‘your EHCP is finalised, go away, we’ll add in a school at some point in the future’. How can I appeal against the fact that it’s been left blank? I don’t think there’s a mechanism for this is there?

You can still appeal if the EHCP has been finalised with section I blank. See my pp.

Email the Director of Children’s Services asking how they intend to fulfil their duties under s19 of the Education Act 1996 and s42 of the CFA 2014 to provide a suitable full-time education and anything detailed, specified and quantified in F.

JR may also be possible, but you might want to consider whether this is actually helpful because the LA may then just name any random state MS. Leaving you still needing to appeal. And time is of the essence here.

Thank you so very much. 💐

The council is absolutely gaslighting us. I have received a letter via email today saying that the EHCP has been modified to include a school in section I, and that this is attached.

Have they attached the updated EHCP, or indeed any EHCP? No.

Have they dated the letter 13 February, so it meets the 15 February deadline? Yes they have.

I can’t stand them. I’ve emailed back pointing out these discrepancies.