LA say no to amenmending statement, wait a year for EHC

[claw2]

I accepted ds's totally inadequate statement, as ds was out of school, too anxious to assess (EP attempts failed) and LA agreed to name the indi school I named (miracle!) with the proviso that AR would take place after 6 months by which time school would have a better idea of needs etc.

Anyhow following AR in May, and reports from me, school, OT etc and school supplying OT, SALT, counsellor from his own resources, LA have now declined to issue an amended statement.

'We have received the AR report and we note there are a number of suggested amendments. As ds will be moving to secondary provision in Sept 2015, he will be in the first group to have statement converted into EHC. It seems appropriate to hold amendments to become part of the new plan'

I don't really follow their logic - they could perfectly easily amend the statement now and then simply incorporate the new provisions into the education part of an EHC Plan. Their thinking may be that they will need to do a full EHC needs assessment which might mean further amendment, but TBH if they produced such a crap statement in the first place I find it highly unlikely.

However, you need to think hard about whether it is worth fighting this. If the reality is that DS will get what he needs via the independent school irrespective of whether it's in the statement or not, there's probably little point. However, if they need more funding in order to provide what he needs, then it would be worth it.

Hi claw, a couple of things spring to mind:

• You don't have to agree to having DS's statement converted over to an EHCP right now if you don't want to. Check the transitional statutory arrangements for the new legislation - link it's sections 5:11 to 5:14 that matter here.

• Whether it's an amended statement or a fresh EHCP, the LA will need to hold a transition review earlier than your normal annual review cycle, because DS is moving from primary to secondary. Once this is done, they'll need to get his amended statement or EHCP finalised by 15th February 2015.

Like icimoi says, it might not be worth fighting to accelerate the amendments from the Y5 AR just yet if it won't make any practical difference to the provision he's currently receiving. Ask the LA when they plan to hold his transition review - if it's soon, then keep your powder dry. Are you planning to move schools, or does his current placement support secondary pupils as well?

I was going to say the same as ugger. Dd1 is moving to secondary in Sept 2015, and my understanding is that pupils currently in Year 6 can delay/defer the move to ECHP for up to 3 years. It is parental choice (guess what I'll do )

When is your transition AR due?

Well they have to amend the statement to name the new school by 15th February anyway. Why don't they just amend it all at the same time?

Thanks guys, the letter also states that the conversion will require some additional assessments and I will receive a date when its been confirmed.

Yes ds will remain at the same school, it caters for secondary school children too.

Will take a look at the link thanks a lot

If ds isn't changing school, do they still need to name again in Feb?

Claw- you know I'm a cynical old mare

If I were a dodgy LA, I'd do exactly this, then suddenly produce an apparently thorough EHCP reassessment. In February.

One that said all the major needs had now gone away... With several pages of advice suggesting various minor needs - all mapping neatly onto the "local offer". And I'd tie you up in time consuming meetings about imminent secondary transfer to local mainstream provision.

Of course you probably have no reason to suspect any such funny business. I imagine your LA has a superb reputation... So you may not need to look at this transition summary, nor call ipsea.

Lol Meir yes my LA stick strictly to the Law and guidance

So my best bet is to write saying i choose to defer EHC plan, so lets get statement amended in time for secondary transfer?

The decision letter which you have quoted from will give you the right to appeal to SEND. Lodge an appeal and I suspect that the LA will change their mind almost immediately.

You can bung in a 'failure to amend' appeal now- after all, the AR was in May, and there hasn't been any new info since- the advice about what amendments are needed has already been sat on for 4 months.

Unnecessary timewasting. Using the EHCP system to wriggle out of current legal obligations. And ignoring professional advice.

I suspect the LA's case is not going to look too impressive. Forget arguing about reassessments or transitions for now- looks like a straightforward 'failure to amend' old style statement following AR.

The bit about telling them no thanks to EHCP- I dunno. Check with ipsea or sossen. If the LA really want you to, maybe there's an ulterior motive. But then I am a cynical old mare, so maybe not.

Thank you Meir, I did email the LA officer, stating that I would defer, as ds had nothing but assessments as part of SA, found them so distressing and due to this distress, it proved impossible to assess him and assessment had to stop.

Told them school have done an excellent job of identifying ds's needs, without causing him distress and have responded with supplying the appropriate provision. After appropriate provision, ds is now showing signs of settling and progress and I was very reluctant to disrupt this in any way.

They have replied stating just updated reports from school will be used!

School also think something suspect is going on as all other LA's they deal with are converting year 9 and 11, not year 6 and have asked the LA to provide any guidelines and templates as the other LA’s they work alongside have a stringent process to follow and this is the first school have heard about converting ds's statement.

To be fair, the Department for Education recommendation is for transfers to EHCPs to take place in Year 6 as well - the logic is that LAs should prioritise children at points where they would be moving to a different stage in education.

I read that bit too. Wanting a switch to EHCP ready for next year- is one thing. And current year 6 parents can refuse- it's fair enough to say "No thanks, please wait, we don't want to be your lab rats till dc is settled in secondary"- Unless I've completely misunderstood the transitional arrangements. (Quite possibly

Saying the statement currently being delivered this year in school doesn't need updating according to last years advice during AR- bit suspect.