Phase Transfer EHCP Dradt not recieved.

[Holland82]

I have an active complaint at stage 2 with the LA but wondering if anyone has experienced what we have. We are in Kent.
Annual EHCP review was in Feb 25 and received a no amends letter. Phase Transfer Review booked in beginning of November.

In the summer we did received a draft with amendments which I queried and was told it was a mistake and to ignore and the draft would be removed from records. I then got an email asking my preference for Seconday School.

Last month I lodged a complaint due to the mess that had already occurred but also to express my concern that I had not received a draft EHCP following the phase transfer return and if they are going to meet deadline of 15th Feb for final EHCP they have run out of time considering I have 15 days to review.

I got a response saying that they did the consultations for the phase transfer on the February review, discounted the actual phase transfer review in November as was outside their timescales and will issue the final by the 15th deadline.
They reassured me after this, all normal processes will be followed.

I am in shock and confused they are making up their own process and ignoring the legal process. Has this happened to anyone else in Kent?

We are not in Kent, but my LA also failed to complete the Phase Transfer. I did all I could legally do, but in the end DS was left without a place in September. It was awful. It's shocking that LAs can be so bad that they permit this to happen.

It isn’t uncommon for LAs to unlawfully use the Y5 AR as the phase transfer review I’m afraid. Neither is it uncommon for LAs to not follow the correct AR process &/or timescales.

Go back to the LA to remind them of the correct process. They cannot just discard the Nov AR meeting. That would be unlawful.

When LAs breach statutory timescales or fail to adhere to the correct processes, the normal timescales of the complaints process takes too long to be a suitable remedy. A pre-action letter then JR if necessary is a better route to force the LA to adhere to the correct process/timescale.