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Help please LA delays in issuing draft EHCP - how to escalate?

8 replies

OldForANewMum · 27/01/2026 17:34

Hi all, I've looked at the EHCP support thread but it's a bit hard to navigate and I failed to find the answer to my question there - plus it seems to be more about reviews than going for EHCP the first time, I think?

Anyway - Adopted daughter age 10, year 6, only came home to us 18 months ago. Came with no diagnoses having been utterly failed by both birth parents, and by social services whilst she was in foster care for 2.5 years.

Since she came home to us, having over time observed her needs and traits, we've paid for a private OT assessment (whilst the adoption support fund was on hold so there was little choice but to pay privately) which resulted in conclusion she's almost certainly got DCD/ dyspraxia (we're in waiting list for NHS assessment to confirm the diagnosis). We also paid privately for a dyslexia assessment which confirmed the diagnosis of dyslexia. She presents as having ADHD also but this may 'just' be developmental trauma due to her adverse childhood experiences and as yet we haven't pursued an ADHD diagnosis (there are only so many things you can do at once).

We get on very well with her primary school - SENDCo is great, teachers are great, they've done a lot for her. We work well with them. They (supported by us and with input from us as well as the professional reports) applied for EHCNA in early July and it was immediately passed through to the needs assessment stage. We soon received a letter saying timeline would be extended due to the school holidays - they weren't waiting on school for anything so I'm not sure this is legitimate but we have accepted that.

Then 17 weeks in we received a '16 week letter' telling us the only thing outstanding was Ed Psych assessment but the lack of Ed Psychs would delay things. At the same time though an Ed Psych got in touch, daughter was assessed in school (and we met with Ed Psych, SENDCo and class teacher as well as giving Ed Psych extensive written input). Ed Psych issued report mid-Deccember and we received a copy. It's now 6 weeks later and nothing has happened. 12 days ago they told me they'd schedule a panel meeting 'within the next few weeks and definitely before half term'. Having heard nothing, I called again and today they told me the earliest possible Panel would now be 10th February. When I pointed out this would also be the last possible date before half term and asked them to confirm daughter's case would definitely go to that Panel, they said they couldn't confirm.

I asked what the complaints process was and they said to 'google the Wiltshire complaints process'.

What do I do at this point? My daughter's life is ebbing away without receiving the support she needs. We were hoping this would be completely sorted before Christmas so she would have 2 terms of decent support in primary before secondary. I don't even know if there's any point in making a complaint - instead, should we speak to a solicitor?

I should mention that the last 2 discussions I have emailed the person immediately afterwards, cc the local authority's generic EHCNA mailbox, with full notes of our discussion (have never received an acknowledgement).

How can I make them just get on with it?

I should say that our SENDCo tells us we have an incredibly strong case, with a previously looked after child with two diagnoses and strong evidence from us and the school, so our SENDCo wasn't expecting to even go to appeal (though also said if it came to it, we would definitely win). And yet we can't even get a decision and/or draft EHCP... (Our SENDCo sits on panel meetings sometimes, though obviously not for a case she's submitted, so you'd think she'd know..)

Help! how do we escalate?!

OP posts:
ExistingonCoffee · 27/01/2026 19:48

If the LA is stringing you along, you need a pre-action letter.

The normal timescales associated with the normal complaints process means it isn’t a suitable remedy.

You could try emailing the Director of Children’s Services &/or the Monitoring Officer.

Just so you are aware, LAs act unlawfully all the time. Just because you have a strong case doesn’t mean the LA won’t force you to appeal.

Njbnnn · 27/01/2026 20:25

Id contact an education solicitor and ask them to write a PAP letter

OldForANewMum · 27/01/2026 22:28

ExistingonCoffee · 27/01/2026 19:48

If the LA is stringing you along, you need a pre-action letter.

The normal timescales associated with the normal complaints process means it isn’t a suitable remedy.

You could try emailing the Director of Children’s Services &/or the Monitoring Officer.

Just so you are aware, LAs act unlawfully all the time. Just because you have a strong case doesn’t mean the LA won’t force you to appeal.

(sorry for the delay, been a silly evening) - thanks for this, you've given me the right avenue to go down, I think.

And your point about risk of us being pushed to appeal - yes, fair point, whilst we're not 'expecting' it, we are prepared for that to happen and it's one of the reasons we want to just get on with it, so we can also just get on with the appeal if necessary! thanks for your help.

OP posts:
OldForANewMum · 27/01/2026 22:34

Njbnnn · 27/01/2026 20:25

Id contact an education solicitor and ask them to write a PAP letter

Thank you

OP posts:
2026willbebetter · 28/01/2026 13:01

You can also look at IPSEA website they have lots of templates letters you can edit. Is she in a transition year? If yes, really push this.

Fulmine · 31/01/2026 22:43

SOS SEN also do pre-action letters, cheaper than solicitors.

Needlenardlenoo · 01/02/2026 11:09

You're doing everything right but unfortunately there is no magic way to get LAs to speed up other than the pre action letters others have mentioned.

In my particular LA, I found emailing the Director of Children's Services with the appropriate template letter from IPSEA was helpful.

I'm the OP of the support threads and while I entirely understand why anyone wouldn't want to trawl nearly 5,000 messages (!) if you did, you'd find all of us have been in this crappy position at some stage.

Have you got a preferred secondary? Most of then prioritise adopted children in admissions now don't they? Probably best to be proactive with the secondary as realistically, you'll be lucky if the LA do anything at the primary with only 1.5 terms left and no EHCP yet. They might yet refuse to issue too.

Good luck.

TeenToTwenties · 01/02/2026 11:13

Fellow AP here.
You have done tremendously well to get all this going whilst still in primary. I can't advise on the process etc, DD got her EHCP in y12(!).
So no help, but keep up the good work.

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