Transferring to EHCP

[Mrsmoneyworries]

I realise there's probably more questions on this, and as soon as I'm home I will search. However, I'd really appreciate any advice.

DD's Annual review was back in May 2015. During that review we found out they were going to transfer to EHCP. I Only received email confirmation of this because I emailed and asked about it after the meeting. So I'm presuming that's my notice.

Anyway, since then I've not heard anything. Then yesterday I received a draft EHCP through the post!?!?!?

I'm very confused as I haven't been asked for my views by any dates or things like that and there's been no meetings or new assessments.

What should I do?

What are they like? Phone IPSEA tomorrow! If you cant get through book a call back for next week!

In the meantime look on their website to find out what actually should have happened so that you can tell your LA! LA's do know the law they just chose to ignore it or hide behind policy which doesnt even come close to the law!!

Sorry you are having to deal with this

It's completely unbelievable ineed - it just so happens to coincide with an issue with my other child too cynical? Me? Never!!

I'll have a good look on the website and book a call-back. Just in case. It's madness isn't it!

I've heard back from them and they've now stated that because no new assessments had been brought forward at Annual Review, this is why no new assessments have been done.

They're not getting that they didn't give me two weeks notice to actually transfer over to EHCP. So how was I supposed to know I needed them?!

But shouldn't you have been given the opportunity to write the section A and express your views? Have you got an independent supporter locally who can help you?

They briefly mentioned something about that at annual review, but I honestly never heard from them since.

We do, yes. I have spoke to her and she just seemed confused and told me to contact my sen person at la! It was her who told me the la would keep me updated.

They don't have a choice about doing new assessments. The Transition Regulations make it absolutely clear that they have to do new assessments as part of the transition process unless the existing reports are adequate AND you and the original report authors agree.

Have a look at the Department for Education's guidance on this - www.gov.uk/government/uploads/system/uploads/attachment_data/file/463320/Transition_Dept_advice_sept15.pdf - especially paragraphs 5.6 to 5.17.

Paragraph 5.6 says:

To transfer a child or young person from a statement of SEN to an EHC plan, a local authority must undertake a Transfer Review. This will require them to undertake an EHC needs assessment under section 36 of the 2014 Act. The Transfer Review will allow for outcomes to be developed for inclusion in an EHC plan and provision identified to support the child or young person to achieve those outcomes. Until the Transfer Review is completed the local authority will remain under a duty to maintain the statement of SEN and arrange the special educational provision set out in the statement.

Paragraph 5.8:

To conduct a Transfer Review, the local authority:
• must give at least two weeks’ notice of the Transfer Review;
• must undertake an EHC needs assessment in accordance with Part 5 of the Transitional and Saving Provisions Order 2014;
• must have regard to the 2015 Code in undertaking the EHC needs assessment; and
• must ensure that the child’s parents or the young person are invited to a meeting to contribute to the Transfer Review, in advance of the EHC plan being finalised.

So I suggest going back to them referring to those paragraphs and to the Transitional and Saving Provisions Orders of 2014 and 2015, saying that their Transfer Review process is totally unlawful and you require them to comply properly with the law.

If that doesn't work, contact SOS SEN.

Thank you so much Gruntled - I'm not on the ball with the EHCP process at all, so really appreciate that.

I am currently awaiting a response to an email I sent yesterday. However, I may chase them up with this info.

Can I request them to start the process from the beginning, where they actually give me two weeks notice or am I going to have to rush and work with this current draft copy, do you think?

I think you probably can ask for the two weeks' notice as they haven't given you any notice previously.

I just can't find any info on it. Surely they can't expect me to accept this anyway. I really have no idea what I should be doing.

I've called the lady who is independent and am waiting for her to get back to me.