Awaiting panel. Anyone else?

[Axalotllittle]

Anyone else waiting for panel? Our date is mid June. It feels like a long long wait

If you mean a panel for any decision surrounding an EHCP, you need to look at the statutory timescales and check the LA is not in breach or if they are already in breach/are at risk of breaching.

I have no clue about any breaches but it hasn't been plain sailing up to now.

Panel is to approve our chosen school (hopefully!!). Most specialist schools in the area have said no but our chosen one has said yes.

It is worth reading IPSEA and SOSSEN’s websites so you understand the processes and law.

If this is a first EHCP, the LA must finalise within 20 weeks of the EHCNA request, or if you had to appeal refusal to assess but not issue, within 14 weeks of the conclusion of that appeal, or if you had to appeal refusal to issue, within 11 weeks of the conclusion of that appeal.

If this is following an annual review, the LA must finalise within 8 weeks of informing you they propose to amend/sending you the amendment notice so should be within a maximum of 12 weeks from the annual review meeting.

If the LA is in breach these timescales, you should chase now. IPSEA has model letters you can use. If they aren’t yet in breach but would be if you waited until June, remind the LA of the timescales.

Not relevant if your preferred school hasn’t objected, but just so you know, non-wholly independent schools can still be named even if they object.

Ok so we are SO far out of those time scales it's unreal. His ehcp was finalised some time in August (I think) and didn't include the parental comments. So we chased and chased to get it amended.

In the end, school called an early annual review after his ehcp had only been in place for a few weeks. His ehcp draft was due to be finalised mid December.

And here we are now....despite chasing.

Was the early review the school requested a formal early annual review? I ask because sometimes schools hold informal reviews. This isn’t a formal early annual review and means the formal timescales don’t apply. If it was formal, send IPSEA’s model letter. If that doesn’t work, you need a pre-action letter. SOSSEN can help with this but there is a wait so you may want to look elsewhere. If that doesn’t work, JR proceedings will. When the LA finalises, if it is not adequate, you should appeal.

It was a formal annual review that the school called because the LA weren't responding to our request to add parental views to the ehcp. There were literally whole blank sections.

The case worker took over from our previous one. I spoke to her on the phone last week. She's done a weird thing where she's finalised the ehcp naming his current school but also booked a panel date to review the offer from the independent semh school.

I don't really understand it all. I guess at least we have the panel date booked?

When you say parental views, I am assuming you mean the representations you made in response to the draft and not just comments on section A? Things in sections B and F (and the health and social care sections) are based on evidence rather than parental views. Although you can make representations about the content, you will need evidence to support this.

You should appeal. Don’t rely on the outcome of the panel being what you want. You should also be careful you do not let your right of appeal lapse. There is no guarantee the LA will amend again. It isn’t weird. They have finalised to get the case closed for now.

Nope. They literally had NOTHING in section A. Gosh I'm so worried and confused

So you can’t appeal section A but the LA shouldn’t be leaving it blank.

You should still appeal BFI (and maybe an extended appeal for health and social care. You can’t appeal section E directly but depending on what, if anything if there are other sections blank, is in E, you may need to request consequential amendments are made to E).