Hahaha! Think I may have backed LA into a corner!

[youarenotkiddingme]

Many will know my back story and the shite ds and I have been through.

If you don't then the information needed so far is tribunal ordered they assess.

La played extension of assessment when I requested some reasonable inputs from professionals. I didn't comment.

I've recently received some paperwork with includes the oh so illegal statements "higher level of support" "may benefit from" etc.

I sat on this and with a week to go until decision just emailed and asked them politely how they decide whether is issue or not without specified and quantified inputs from assessment.

The email I got back days "it's in draft stage and now we ......"

So I've emailed thanking them for informing me it's in draft stage and asking for date I'll receive the draft!

Now let's pre empt how they are going to get out of their mistake and if anyone has advice about where I now stand legally I'd be grateful.

[ouryve]

Well, yeah, I received DS2's final transition EHCP about 4 days before Christmas, even though the schools had broken up the previous week! Pen pushers at Cunty Hall or your local equivalent don't get 13 week's holiday! I think it's widely accepted that to account for standard holidays, you can only really discount August as a month to expect anything to get done.

[Userone1]

You are right new law

"The law states in the Special Educational Needs and Disability (SEND) Regulations 2014 at:
Regulation 13(3) – the local authority does not have to comply with the 20 week deadline if it is impractical for one of the reasons set out in 10(4) (a) to (d), i.e.(a) the authority has requested advice from the head teacher or principal of a school or post-16 institution during a period beginning one week before any date on which that school or institution was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens;(b) the authority has requested advice from the person identified as having responsibility for special educational needs (if any) in relation to, or other person responsible for, a child’s education at a provider of relevant early years education during a period beginning one week before any date on which that provider was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens;(c) exceptional personal circumstances affect the child or the child’s parent, or the young person during that time period; or
(d) the child or the child’s parent, or the young person, are absent from the area of the authority for a continuous period of not less than 4 weeks during that time period.’"

[youarenotkiddingme]

Yes I meant 2016

I was actually surprised to get the letter then. Judge made judgement the week before and I know LA have 4 weeks from that date to start assessment. So I kind of accepted that as they made requests for reports during the holidays it's was likely to delay things (despite the fact technically it shouldn't) and as I didn't get the letter until 23rd (I was on holiday!) and therefore couldn't get them to receive my paperwork until beginning of Jan it would push things back.

I'm aware my la complete less than 20% of their EHCP within statutory timescales - so as long as they are weeks rather than months behind I realise it'll cause me more stress fighting it than the chances of me getting it done in time!

I seem to have landed on my feet with a caseworker who's quite open and loose tongued! A) I think they'll be easier to negotiate and communicate with and b) I actually get answers which can be used when needed.

[tartanterror]

I know you have had a hard time getting to this stage but your LA sound like they are roughly on track to me...... although I'm no expert..... Maybe I am over-relating to your story but I am also struggling to switch from a "battling" mindset, to "working with" the LA process right now! I can't quite believe we are being assessed after being told repeatedly by everyone that we wouldn't get anywhere....

Normally the LA have 16 weeks to issue a Draft EHCP after Request to Assess. That's 6 weeks to Agree to Assess and then 10 weeks to Draft EHCP. I don't know if it says in the law how long it should take if there is a Refusal to Assess and then an Appeal....

You said above that the LA have 4 weeks after the Appeal decision to issue their Agree to Asess and your LA issued after 1 week. The minimum time for issue of Draft EHCP would then be 10 weeks after that letter - but maybe they can claim those additional 4 weeks in the appeal condition? So they might have 14 weeks from Appeal Decision? For you that would be 13 weeks after Agree to Assess?

So 10 weeks after 19th December would be: 13th February
And 14 weeks after 12th December would be : 6th March
Sounds like they have completely missed the 10 week deadline, but will not be too far off the 14 weeks in the end if all goes well trying to look on the bright side

Good luck!

[Userone1]

^i agree 100% it's hard to sit back and relax for a bit, when you have been in battle mode for so long.

Take the time to unwind a bit and be kind to yourself