EHCP- section 19

[happysmiles22]

Hello , does any one have experience with ehcp or section 19 .
me and my children moved county in April , their 7 and 5 , both have autism and EHCPS . The LA have not managed to find them a school yet , however they have not revived any education since moving to the county .already completed a stage 1 complaint and onto stage 2 complaint . The LA finally agreed a couple days ago that section 19 is engaged , and said they would create a bespoke package . This bespoke Seems to only be 2 hours on a Wednesday and 2 hours on a Friday of 1:1 tuition for both children starting in October , in my eyes 4 hours a week of education seems very little but I know because it’s 1:1 the number of hours will be less then what you would have if you were in a classroom , but my question is for children who have already not had education for 4 months would 4 hours be sufficient education under section 19 . Sen

In terms of the LA’s duty under section 19 of the Education Act 1996 to ensure compulsory school age DC unable to attend school still receive a suitable full-time education, 4 hours per week is not sufficient. That applies whether there is an EHCP or not. It applies regardless of whether 4 months have been missed or a shorter timescale of e.g. 3/4 weeks. The number of hours isn’t defined in law. The LGO suggests 22-25hrs. The guidance and the LGO acknowledge 1:1 may be fewer hours. But 4 hours is well below what is acceptable and what fulfils the LA of their duty.

The above applies to your 7y/o. Whether it also applies to your 5y/o depends on when they were 5. If they were 5 this academic year, they are not yet compulsory school age, so while the LA has the power to make such arrangements, they don’t have the same duty under Section 19 of the Education Act 1996.

As you have seen, the timescales of the normal complaint process take too long. Email the Director of Children’s Services reminding them of their duty and threatening JR. You could also email the Monitoring Officer. Alongside those, start looking for someone with capacity to do you a pre-action letter. This can take perseverance.

Alongside this, the LA still has a duty under Section 42 of the Children and Families Act 2014 to ensure DC receive anything detailed, specified and quantified in F of their EHCPs. In your email, mention this too.

When you move LA with an EHCP, the new LA becomes responsible for the EHCP on transfer. The EHCP transfers on the day you move or within 15 working days of the LA becoming aware if that is later. This includes funding the placement in section I if attending is still practicable. If it isn’t practicable for DC to continue to attend the named placement, the LA must make other appropriate arrangements. That is in Regulation 15 of The Special Educational Needs and Disability Regulations 2014. As above, in your email, mention this too.

Within 6 weeks of the date of the transfer, the LA must inform you when they will review the EHCP. This must be within 12 months of the previous AR or 3 months from the date of the transfer, whichever is later. Has the LA done this? Have you had an AR meeting yet? If so, have you had the right of appeal yet? If yes, have you appealed? If the LA hasn’t informed you when they will review the EHCPs, like above, mention this in your email.

Do you have a preferred school(s) in mind?