Judicuil review? please help, im at the end of my teather.

[kojackscat]

Hi, I have been trying to get an ehcp for ds for forever, it seems.

It's a complicated situation, because I moved LA part way through. The new LA are using that fact to procrastinate and let it drag on and on. The new LA have had his case for 20 weeks now. But when they took it over, the first 2 lots of 6 weeks had already been done (ie decision to assesss, and all evidence gathered)

So the LA have a published timetable, saying that from the panel's decision to award a ehcp and issuing the final plan, should be 4.5 weeks.

Its now been 6 weeks, and the draft is still not ready. I offered what they call 'late evidence' It wasn't late really, they just chose to ignore it the first time it was submitted.
Now they are 'talking to colleagues in health' but with no timescales.

So, I belive I can go to Judicial Review to get them to meet the statutorty timetables.

But I've had a quick look, and JR can take up to 1 year.

So how can I use that to speed things up? Surely if I start JR, the council will put everyhing on hold until a decision os made, so insetad of taking a few more weeks, it will take up to a year?

please can someone advise me?
DS is falling further behind every day, only attending school part time, and having his self confidence seriously damaged by this.

I will try to call IPSEA too, but thier bookabe calls are all unbookable, according to the webaite.
thanks

Have you tried SOS-SEN helpline?

thanks sickof,(I love the name) i'll call them when they open today.

Sorry for my spelling in the title! I am so cross I'm bashing at the keyboard like a 3 year old. I'm surprised the rest of it is even slightly accurate.

It's incredibly likely that just sending a formal pre-action letter will do the trick without you having to take JR proceedings - I believe SOS SEN can help with that. But if you did have to begin court action the urgency of the situation will be taken into account (bear in mind that in life or death situations JR cases can get to court within hours). I think the solicitors would ask for an early hearing on the basis that it is accepted that your ds has SEN and that provision is needed to help him as otherwise he will fall behind and this will be extremely prejudicial to him.

The fact that your DS can only attend school part time is also unlawful, so you have plenty of grounds to put pressure on the LA. Have you told them you're planning on JR? That might speed them up on its own.

It wouldn't take long at all. They will move on the pre action letter. Yes call Sossen. If you get no joy pm me and I can send a general pre, pre action letter but please try Sossen will pm you

thanks all. i have told the council i am looking inot legal action. I sent that e mail this morning, before they opened. I am hoping to have a response this morning.

ill call sos sen now.

I am in a similar boat, to say there is no urgency at the local authority is an understatement.

I will contact sossen too, but if anyone had a pre action letter to share it would be great.

It's not something you can really do using a template letter - you need to set out the relevant legal provisions, and cover other technical issues such as why the issue can't be resolved using the council's complaint system, so you're probably best advised to go to a lawyer or SOS SEN.

IPSEA advised that people should write to the LA saying that if there was no progress in 2 weeks, then the next step would be a solicitor's letter relating to Judicial Review. I'm sure that they could help with the wording. Good luck and well done for keeping on at them to stick to deadlines!