Statement to ehcp timescale confusion

[FrayedHem]

Ds1 is in Yr6.
We had the transfer review at the school with the SENCo and Specialist Teacher (LA employee) on 20th September. The SENCo filed the required paperwork with the LA SEN team 2 weeks later. I did get a letter from the SEN team saying the transfer was due to start after the school meeting but before they'd had the paperwork. I was having ructions trying to get the Ed Psych to assess so didn't pay too much attention to it and the SEN team confirmed they got the school transfer paperwork.

Looking at the IPSEA timelines it has the starting point being the LA writing to say transfer is due. As the process was started before their date (can't find the letter but I'm sure it was early October) does this affect when the plan should be issued?

I have it diaried to chase next week but I'm wondering if I should have had a draft plan or whether they will stick to their originally planned timescale which will be February.

When you say a transfer meeting I assume that you mean from Statement to EHCP, rather than transfer to Secondary School?

I can't tell from your post what happened when. What was the date of the letter from the LA saying that transfer would start? What exactly did the letter say?

I don't have experience of this but my reading of the IPSEA timeline is that the clock starts when the "notice of assessment" is issued to transfer from statement to EHCP. The EHC assessment process should start within 2 weeks of that date; the whole process should be complete within 18 weeks.

Reading between the lines, if that letter arrived around 27th September, the the assessment process should have started by 11th October; the whole process should be complete by 31st January.

A draft plan should have been with you in weeks 12-14 but as that was 20th Dec to 3rd Jan (and there is no statutory date for issue of a draft plan) if it were me I would have expected something should have arrived with by yesterday....

How do you calculate February? If you are unsure - call to ask and it might give things a nudge along.

Sorry about the garbled OP.

It was the EHCP transfer review meeting at the school. I still can't find the letter. It was something about school would contact me to have a meeting to start the process but we'd already done that which is why I didn't pay much attention to it.

I decided to email the SEN caseworker who replied at 9.30pm! They've actually confirmed it was delayed; the draft is done but is waiting approval from the manager and I should get it next week. It did also say the ASD unit we'd requested had a lot more requests than spaces, so I'm assuming we probably haven't got a place which is what I expected tbh.

What is supposed to happen is that the LA writes to you to give you at least two weeks' notice that the transfer is going to happen, and they should give you the date for that - often, it's the day the transfer meeting happens. They can of course give more than two weeks' notice. That date is the starting point, and they must complete the process within 18 weeks from that date. If you can't find the letter, ask the LA to send you a copy.

You shouldn't have to fight to get an ed psych assessment, it's supposed to be automatic unless you agree it's unnecessary. Likewise the LA should ensure they get other reports if necessary, e.g. SALT and OT. The regulations and guidance say that they must do a full assessment unless you, they and the people who have provided advice agree that stuff that already exists is sufficient. Therefore if you ask for an ed psych assessment, they have no choice but to arrange it.

The transfer was supposed to be done at the annual review in June (end of yr5) but got put back as the LA were behind. The Specialist Teacher then booked the transfer review date with the school for 20th September but it seems the SEN team were unaware of this.

As the Caseworker has confirmed the draft is waiting for approval from the area manager I'm going to leave it as I don't want to give them any extra time!

I quoted the law to the EP Service but they wouldn't budge. The EP did come to the school and met the SENCo and me, but refused to see DS1 at all as it was apparently unnecessary. And then pretty much rewrote the school's transfer paperwork . I spoke to SOSSEN who said that I could rightly pursue it, but their advice was that I would be better to get at private Ed Psych assessment as my LA were making it clear they were going to be obstructive.

It's just been one giant farce!