Unhappy with draft EHCP

[StillSomeFightLeft]

DD is in year 6, and due to go to secondary in Sept. She's going to go to our local mainstream as our choice, so that is all fine and sroted (phew!). We got her draft EHCP last week (transfer from Statement), and have been told we need to agree to it within two weeks.

However, it's really rubbish! Loads of the info in it is out of date, and the person who wrote it must have hardly looked at the information we gave her about DD. It is really vague, generic, and the outcomes section, which we were told were going to be a really good thing about these new plans, look like a cut and paste job from her (old and out of date) statement.

I emailed our caseworker today and said we are unhappy with the EHCP, and want to makes loads of changes, and she has written back to say that she needs us to agree to to it within the two weeks as there is a legal deadline, but she can still make changes to it after that.

Is that right? How can we agree the draft when we are unhappy with it, and how can she change it after it has been made final? It doesn't make sense to me. Can anyone advise me? I've looked on IPSEA, but can't find this query answered there. Ta.

She can't change it when it is final unless you appeal the contents.
Changes should be agreed at the draft stage.
Write to them with all of the amendments that you want then its up to them to add them and finalise within the timescales. Don't agree to something you are not happy with.

Absolutely right.

You can go through it and where it is vague you can either add the right amount of provision if it is in an expert report.
Send the LA the report if they don't have it yet.

If it is out of date either put in the up to date stuff or say 'please up date'.

Or if the expert reports don't say how often, how long for, or who therapy should be delivered by etc, then say 'please quantify'

If the expert said 'regular therapy' say 'please say how often and how for how long'

And so on - ask for all your amendments, and get the reply off.

If they don't agree to your amendments make them issue a final and go for the appeal as soon as possible afterwards.

Get ready to get your mediation certificate and then get the appeal on the road, making clear it is a transition case.

In one sense they are right. They can go on agreeing amendments right up to the door of the Tribunal....

you can also ask for a meeting with the SEN team which will suspend the EHC plan and buy you more time than two weeks if you need it.

There is no requirement that parents agree an EHCP before it can be finalised. And I'm surprised they're worried about the deadline, given that they're already more than two weeks past the deadline for amending statements prior to secondary transfer.

However, if they think the EHCP has to be agreed, you can use the situation to your advantage by saying you will only agree it if they produce something that complies with the law, describes your child properly, and makes properly specific and detailed provision for her difficulties.

Just keep the pressure up on timing or your dc might spend the first term or two waiting for the plan to be finalised and the provision to be put in place.
I know of two families who are still trying to get the statement/plans right when their dcs started secondary last September. And one started trying to get it sorted in year 5.

Good Luck

I have just had my meeting for ehc plan transfer. I was told that you can request more time from la if u disagree with the draft as it is unlikely that you can arrange advice within 2 week. This has to be done in writing to the la sen manager, keyword and School

There is nothing in the Code of Practice or the law that allows the time limits to be extended by consent, although in practical terms I suppose if the parents don't complain about it the reality is that the LA will get away with it. To be honest, I wouldn't request more time: it just gives them an excuse to delay indefinitely. The LA should have arranged adequate advice to ensure that they can produce an EHCP that contains fully detailed and specific advice as required under paragraph 9.69 of the Code of Practice. The onus absolutely should not be on the parent to get the advice. So I would suggest you tell the LA that they must go back to their experts and get advice on detailed and specific provision and they must do so in sufficient time to enable them to comply with the time limits.