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Transfer to EHC Plan

10 replies

millimoohoo · 08/03/2015 11:48

Does anyone know the procedure for the transfer from a statement to an EHC Plan. Do the LA have to reassess before the transfer can take place or do they just need to have a review ? Also, if ds hasn't had OT or Salt input (there is an identified need) and the only info is provided by EP reports, does this need to happen before a EHC should be issued.

Thanks

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bjkmummy · 08/03/2015 11:54

the LA can use reports if they are still in date - think a year is the current time given. you can ask the LA for reports if you think they are relevant so you could ask the LA to get ot and salt reports done so that they can go into the EHCP. some LA are just transferring the statement straight into an EHCP without further assessment - with my own son I did ask for an EP reports as he had not been seen for 8 years so the new EP report was the basis for a lot of the EHCP.

each area should also have independent supporters to help you through the process so it may be worth you contacting them as well

the transfer process is pretty quick now - much quicker in theory than a statement so if you do need further reports I would push for getting them asap

millimoohoo · 08/03/2015 14:34

Thanks bjk. I requested a meeting about my draft EHC plan with the la which in effect stopped the clock with regard to the 15 day deadline for a response. I have since been told that I have 20 weeks and the la will just finalise it without any of the changes/additions i'm after. When I asked the question '20 weeks from when ?' I was told it started on the date he was reassessed for the EHC plan....he wasn't reassessed. I called ipsea and they said he should have been reassessed but I cant find anything in the codes of practice/law to state this, all I can find is that he should have a review. I'm now worried that I will get a crap finalised plan through the post !

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bjkmummy · 08/03/2015 14:44

most LA seem to be taking it from the date when they either issue the letter to transfer or from the date of the first meeting. the 20 weeks though relates to new ehcp plans as if say you were applying for a statement for the first time.

transition from statement to EHCP is 14 weeks - the d of E issued transition guidance which explains the process but to be honest I don't think a lot of LA have a clue what they are doing so as soon as you challenge them they just make it up on the spot!

re the reassessed - the child doesn't have to be if all parties agree the information available is sufficient - some LA are not reassessing and the reports are years and years old which isn't right either. its all just a horrible mess at the moment and finding someone who knows what they are actually doing seems very difficult at the moment.

I have found SOS SEN to be really helpful so maybe check out their website and see if they have any relevant information on there

Ineedmorepatience · 08/03/2015 15:09

Hi millie if you google SEN Code of Practice 2014 you can download it and the transition notes! The transition notes explain what the LA's are meant to be doing!!

millimoohoo · 08/03/2015 22:14

Brilliant, thanks :)

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millimoohoo · 08/03/2015 22:17

Brilliant, thanks :)

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Bowwowchikkawowwow · 08/03/2015 22:21

Section 6.1h refers to any reasonable request that a parent makes for an assessment should be carried out (off the top of my head, not a direct quote)

sazale · 09/03/2015 07:53

This is the statutory guidance for transitions for LA's
www.ipsea.org.uk/download-resource?id=35d1e2c1-4fe0-4f75-99c0-37ada6be86c5

millimoohoo · 09/03/2015 11:03

I have contacted SOS SEN and they advise to request the la to finalise the EHC Plan now and not to wait for the la to amend based on my input (which is what I was going to do) SOS SEN say it is very unlikely that the EHC plan will be any good even after my input and that i shouldn't wait, I should get the la to finalise it and then appeal. It makes sense but I now have conflicting info from ipsea and sos sen which is not helping matters !

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Icimoi · 09/03/2015 11:24

By law they have to do an assessment before transferring to an EHC Plan. However, it can be speeded up by asking them to use the previous assessments as bjk says.

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