Does everyone get right to appeal in Sept when all statements are changed?

[StarlightMcKenzie]

Don't suppose anyone including Government know this but thought I'd ask.

Hi, are you thinking about the transition from statements to EHCs? There is a consultation at the moment which closes on 9 December www.education.gov.uk/consultations/downloadableDocs/Transitional%20arrangements%20document.pdf

^From 1 September 2014, no new assessments for statements or LDAs will be offered
by local authorities. All new requests for an assessment of special educational needs
will be considered under the new legislation and those requiring support will receive it
through an EHC plan. The reformed mediation and appeals process, and the option of
a personal budget for those with an EHC plan will also be available from this date.

1. Our expectation is that the overwhelming majority of children and young people with

statements and LDAs will require EHC plans, unless local or individual circumstances have changed. Transferring children and young people to EHC plans in a way that maximises the benefits that they offer will be a significant undertaking. We want to be sure that this transition happens at a pace that is achievable and which maintains the quality of support both to children and young people making the transition and those still on the previous system.

10. To allow a gradual and orderly transition for those with existing statements or LDAs to the new EHC plan, there will be a period during which both the new and the old systems operate in tandem. During this period, we will make legal provision to ensure that children and young people continue to receive the support in their statement or LDA. The legal force of these documents will not be withdrawn until all children and young people have completed the transition. Relevant elements of the current Code of Practice and the LDA guidance will remain in force during the transition period.^

So, no need to panic about existing statements/LDAs at present

Well, I don't know the answer - but I am bumping as I am only at the beginning stage of applying so I want to know what will happen - especially if I'm still 'mid process',say going to tribunal for refusal to assess. I'm presuming my application keeps going and doesn't just cease to exist!

Okay, so Ds could continue to keep his statement way past Sept 14 and retain his legal rights!?

Thanks for this information, looks like your DS's statement is fully operational for quite a while yet, Star

Cross posted - thanks senmerry. it sounds as though by making an application for SA now I will be under the 'old system'.

I was surprised that the document you quote says 'our expectation is that the overwhelming majority of children and young people with statements and LDAs will require EHC plans.' I thought it was only going to be a small proportion.

The bit that sends a chill up my spine is the part that talks about when 'the legal force of these documents' will be withdrawn. I am concerned about a scenario whereby I fight to get DD a statement, but under the changes she is not given an EHC, her statement 'lapses' and then DD is left without the legal 'safeguards' I have fought for.

I read somewhere (can't remember where tho!) that they are intending it to take 3 years to move those with Statements over to EHC. So after three years from September 2014, all Statements should have been moved across. Those with Statements will be moved over first when there's a change to the Statement eg a transition or more/less provision is required.

So that's bad news for my DS as his transition to secondary is due September 2014. No doubt my LA will make a mess of it, and I'll once again be fighting them.

The linked document is only a proposal at this stage, so please take the time to respond to the consultation.

This line worries me - plenty of scope for cop-outs
^Our expectation is that the overwhelming majority of children and young people with
statements and LDAs will require EHC plans, unless local or individual circumstances have changed.^

And furthermore, although I can't find any evidence anywhere, I have sat through hours of pathfinder meetings and it's been said you need to qualify under at least two of the EHC to get a plan. So for example, if you have severe dyslexia but no other health or care needs, you will not receive an EHC. God I hope I'm mistaken!

They can't possibly just change statements into ECHPs, because they have to include a lot more about social and health care needs than they do now, so they would have to do reassessments anyway. Not too sure that they will manage it even within three years, though I suppose some LAs will try to get away with a slapdash job just to be able to tick the box.

Yes we've waited 4 years for social care to do a core assessment so I wouldn't panic just yet! I suspect the backlog will be huge and social care main culprit. My LA only manages to issue about 80% new statements on time and it has taken 11 months for them to do DS last annual review.

If you have a Statement and they decide you don't need a EHC plan (because they say something has changed) then that is the same as the current system of ceasing a statement and carries a right of appeal

So if the LA intention is to save money they can do that now by raising the bar for a Statement / ceasing a statement (and many LAs have as a result of the funding changes) so actually its nothing new.

If they are going to screw you over they don't need to wait for a change in the law.

We could always help them out and offer to write our own EHC plan to save time

We've got just under 1000 statements currently, probably just over 1000 by the end of this academic year. At the moment we are looking at transferring them to EHCps at the point of the annual review. We've not been told that we have to reduce the number of current statements/EHCPs. In our LA if you have a statement it will at some point in the academic year become an EHCP. At the recent pathfinder conference I went to at a neighbouring (and much much larger authority) they were not able to answer my question about how the new process for determining whether a child needs an EHCP or not will be significantly different to the present system, which is a shame.

My daughter's statement was issued on 30th sept 2013. This is the nursery year. She is under 5, so the review should happen around march 2014.

Then in sept 2014, do you think she will be moved to EHC? I have been reading online but can't make sense. Our tribunal is in march 2014.

If the tribunal makes a new decision or changes the statement - and almost always something in it is changed even if not what you want - and she is over 5 by then - then they may do the annual review for March 2015. Our AR runs from the tribunal date.
I think the changeover will take a few years - if you already have social care etc on board then it may be at the next review it gets changed over but if you have never accessed social care then it may be 2016 or 2017 before yours get changed as new assessment / report etc will be needed.
It depends though as if a parent requests a personal budget or direct payments then that might force an earlier transition.
I don't think pathfinders have given any thought to how social care is going to cope with doing reports or attending ARs. Or where the money will come from. Presumably they have to do an assessment even if they decide no social care provision is needed.
There is talk of trying to get one route of appeal for the health, social care and education provision into the Bill.
Otherwise you may be happy with the education bit but having to go through complaint processes for say short breaks or health.