EHC ds is heading for no man's land.

[insanityscratching]

Ds is nearly 19 and is at an independent specialist school, his statement will cease when he leaves in July.I emailed the Futures (used to be Connexions) woman who is writing his S139a about him needing to be transferred onto EHC and got this "The EH&C comes in place in September 2014; however, there will be an implementation period after that which is still to be defined by the Local Authority."
Obviously the implication of the transition period is that it is granted so that LA's are able to continue with statements whilst they get up to speed with EHC but it appears that in our LA it will mean that ds will have nothing in place once the statement ends.
How can I ensure that ds isn't cast aside and the LA fulfill their obligation preferably without having to enlist a solicitor unless it can be done in ds's name and on legal aid anyway.

What does EHC stand for?

Is your LA one of the pathfinder authorities? If so,you could ask to join the trial and have an EHC.

Other than that, I asked the DOE and Ed Timpson a similar question and the replies basically said they were working on a plan and expected to have a consultation in the latter part of 2013.

No we're not a Pathfinder, thank God really because they don't really inspire confidence. As we're entering late 2013 then maybe we will hear something soon then? Our LA will be rubbing heir hands in glee at the period of grace and counting up how much money they can save by not providing anything reasonably legitimately under the guise of the implementation period

That'll be an entire generation off to no-man's land then as LA's up and down the country will pull this trick. Disgusting.

I heard there is going to be a three year transition period for EHC Plans, but obviously from September 2014 (or whenever the Act comes into effect) obviously everyone coming into the system afresh will go straight onto an EHCP. There will be a hiatus for post 19 year olds still in education, but I would have thought the thing to do is to ask for the equivalent of statutory assessment the second the law comes into effect.

The old learning disability assessment process continues until EHC plans are introduced. LAs can continue to provide support up to 25 under the old process. The EHC issue is a red herring for you as it won't have been implemented by July.
Info and guidance here