EHCP process confusion over draft plan before panel decision

[Namechangeragain9]

Hello
I’m hoping somebody can help me navigate the horrible EHCP process! The deadline on whether to issue or not is this week, the LA have only just received the EP report today (it’s a month late!) At the beginning of the process I requested an OT assessment which has not been done, can’t find anyone apparently which I’m aware is unlawful.

Today I received an email from our case worker saying the next step is having the draft written, and take to panel to decide. It’s my understanding they do not draft anything until panel say yes?! It did not read ‘panel will decide and then potentially draft’ That’s not correct is it?

I have made a massive nuisance of myself the last couple weeks, lodged an official complaint, written to the director of children’s services, threatened JR..the usual. I’m hoping they realise they can’t really refuse to issue without all advice being sought (OT) but can issue with the evidence they do have. They know I will kick up a massive fuss if they do not meet the deadline. Does anyone have any insight into why my case worker would say they will draft a copy before it’s even been formally agreed?

Some LAs will take a draft outline to the panel deciding whether to issue or not.

Oh really! I have never heard of that before and couldn’t find any information online.

It isn’t my LA and I obviously don’t know if it is your LA, but an example is here. Click on the 6-12 weeks and 13-16 weeks drop-down tabs.

Thankyou for that! It’s not my LA either but I assume they do something similar then. The deadline is in 2 days, it seems impossible they will write up a draft and take to panel by the end of the week. Do you think I am correct in thinking they cannot lawfully refuse to issue without seeking the advice of an OT (this is a reasonable request given Sen needs) but they could agree to issue without one, and I can keep pushing for it to be included afterwards?
This has been going on since September, I want to scream!

LAs shouldn’t refuse to issue without undertaking the EHCNA correctly. However, they regularly do and force parents to appeal.

LAs shouldn’t issue without undertaking the EHCNA correctly either. Although, again, they regularly do and force parents to appeal the content.

LAs regularly breach the timescales, but the LA could still meet it. Two days is enough time. I think you are overestimating the amount of time spent drafting EHCPs. The ‘panel’ may also not exist in the way you think it does.

Did you have to appeal refusal to assess? If not, the LA is well over the timescales.

Yes they initially refused to assess, we appealed but the tribunal was set for months away. They overturned the decision just before. Just another time wasting exercise on the LA’s part. Yes I have heard the ‘panel’ is often not what you expect it to be, I had just never heard of them drafting a plan/outline beforehand. I’m surprised by this as in my experience they like to do as little work as possible! Sounds like it could go either way then unfortunately. I am beyond frustrated that they are allowed to get away with treating families like this!

I don’t even care at this point how crap the contents is, I just want one issued. I know I will still have to fight the contents and fight for the school place, I’m just praying we don’t have to appeal the decision as I have heard currently that’s taking around a year!

The drafting of the EHCP isn’t that big a job for LAs really. The drafts are usually so poorly put together they can be chucked together easily and quickly. Plus, some LAs outsource &/or use AI (e.g. Invision 360) drafting.