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Here you'll find advice from parents and teachers on special needs education.

Original poster

EHCP and College Transition

3 replies

afi24 · 12/08/2025 11:08

Advice needed please.

School submitted my DS Year 11 EHCP review on 16/03/25 to LA. School heard nothing and we heard nothing. By July, I renewed his concessionary bus pass and included 2024 EHCP which is the latest we have. The team rejected claiming it wasn't the latest and asked for written evidence from school or LA to confirm. I provided email threads from school clearly showing he still has EHCP and the 2025 one was submitted on 16/03/2025. Transport service still rejected and declined to renew. In the meantime, I started chasing LA about EHCP which is the norm since he got a statement at 4 years, we are always having to chase the LA for updates and school did not get anything before going off.

After sending emails that I was going to my MP, EHCP team admin lady sends a document on 06/08/25 backdated to 28/06/25 with incorrect information and a school my son did not include in his Year 11 EHCP review. I reply rejecting it and asking where that has come from and why the letter is backdated. She responds claiming it was sent to my house. All EHCP drafts and final copies have always been sent via email to me and to the school.

I get to speak to the EHCP transition coordinator who claims she used the year 10 EHCP review to generate this one as they can't wait for the year 11 because of time and logistics with school placement etc and that she had done it before we submitted on 16/03/2025. I question why we didn't get it then, she claims it was posted to my house and I refute her claims stating that school didn't receive anything. She claims, if school isn't chasing it, they may not get it as they have hundreds to deal with, then claims again that it may have been lost in the post ... I then ask where she got the school choice from and she coudn't really explain. She then claims, she can't access the document we submitted and she'll try to and can use it to update the EHCP.

DH is angry and wants me to make a complaint, the timeline because the letter has been backdated makes it difficult for me to meet the appeal deadline which I don't have the strength and capacity to do (I am neurodivergent myself, have other health issues, working full time and struggling with the fallout of a cowboy builder) and my greatest worry is that next week Thursday (21-08-2025) is GCSE result day and I don't have the time to sort things out before then.

Please any advice to help me navigate this would be greatly appreciated. Thank you very much.

OP posts:
flawlessflipper · 12/08/2025 13:05

Transport won’t be sorted before the EHCP is finalised.

The LA should have finalised the phase transfer EHCP by the 31/3/25.

What should have happened is:

  • 2 weeks before the review meeting, advice and information should have been circulated.
  • Then the review meeting. This must be held in good time to ensure the deadline can be met.
  • Within 2 weeks of the meeting, a report should have been circulated.
  • Within 4 weeks of the meeting, you should have received the Amendment Notice. This is when you/DS get to comment on the proposed amendments and state your preferred placement.
  • Within a further 8 weeks and by the 31/3/25, the LA should have finalised the phase transfer EHCP.

If these steps haven’t happened, you need to email the Director of Children’s Services threatening judicial review. 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.

You could see if SENDIST will allow leave to appeal out of time.

Original poster
afi24 · 12/08/2025 20:24

flawlessflipper · 12/08/2025 13:05

Transport won’t be sorted before the EHCP is finalised.

The LA should have finalised the phase transfer EHCP by the 31/3/25.

What should have happened is:

  • 2 weeks before the review meeting, advice and information should have been circulated.
  • Then the review meeting. This must be held in good time to ensure the deadline can be met.
  • Within 2 weeks of the meeting, a report should have been circulated.
  • Within 4 weeks of the meeting, you should have received the Amendment Notice. This is when you/DS get to comment on the proposed amendments and state your preferred placement.
  • Within a further 8 weeks and by the 31/3/25, the LA should have finalised the phase transfer EHCP.

If these steps haven’t happened, you need to email the Director of Children’s Services threatening judicial review. 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.

You could see if SENDIST will allow leave to appeal out of time.

Thank you very much for your advice. I also got advice from my solicitor and sent an email to the LA stating that the only acceptable option to us was:

  • A draft report sent to me and DS's SENDCo updated with the correct information and DS's preferred placement
  • Time for us to comment and send back to them
  • A final copy sent to us and school before GCSE result day
Outside of this, we would contact the Director of Children’s Services. The LA has agreed to send the corrected proposed amendment to us by tomorrow. So we’ll see. Thank you again
OP posts:
flawlessflipper · 12/08/2025 21:16

I hope the LA sticks to their word and sends the draft tomorrow.

Just so you are aware, the draft must not contain a placement or type of placement. Section I must be blank. This is stated in section 38(5) of the Children and Families Act 2014. This is because you/DS then get the chance to state your preferred placement.

Unless the LA has already consulted/is already consulting now, they may not be able to finalise within a week because of the need to consult and the timescales involved in that. But they should certainly take steps to move things along ASAP.

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