New LA not agreed to adopt EHCP

[HepLaurenceLB]

I would appreciate any help you can give.

We have just moved from Lambeth to Bracknell Forest LA. We had an EHCP review the week before we moved and the new LA has the EHCP and the review paperwork.

The new LA has written to me stating that “the LA has not agreed to adopt the EHCP..and proposes a new EHCP assessment.

We have not been allocated a school yet. My child is 5 and attends mainstream, the EHCP gives them 16 hours of support a week.

I don’t understand how the new LA can just refuse to adopt it. I also don’t understand the implications. If my child starts school soon will they have support before the review?
Should I challenge this? How?

@HepLaurenceLBUnder SEND Regulation 15, when the old LA transfers the EHCP, the plan is to be treated as if it had been made by the new LA on the date it was made by the old LA and must be maintained by the new LA. So your child is still entitled to all the provision in Section F.

If it is no longer practical for your child to attend the school named in the plan, the new LA must arrange for them to attend another appropriate school until they review the plan.

The new LA is entitled to carry out a new assessment, which it appears they intend to do.

Information here:

www.ipsea.org.uk/moving-to-a-new-local-authority

At this point you can't challenge the LA's decision to carry out a new EHCNA, but you will be able to appeal if the new needs assessment leads to a refusal to issue.

When was the last needs assessment? If the new LA has the reports from the previous EHCNA and you, the report writers and old LA believe they are still up to date and sufficient the new LA must not seek more reports.

When did you move?

@ 10brokengreenbottles we moved on the 12th of March.

@Ellie56 so we just have to start again? It took me 13 months and an appeal to get the first one. I am so disheartened.

Not necessarily. After the re-assessment the new LA could decide to:

• Keep the EHC plan the same.
• Make changes to the EHC plan. You will have a chance to make representations about these changes and object to any amendments you disagree with in the same way you would after an annual review.
• Cease to maintain the EHC plan.

As 10brokengreenbottles said you would have the right to appeal.

How old are the reports from when the last EHCNA was carried out?

The EHCP is 2 years old and we just had the annual review last month.

You may not be completely back to be beginning as the new LA can not carry out new assessments if you, the old LA and the report writers agree the old reports are sufficient. IPSEA don't mention this, I'm not sure why as it is in the SEN regs 2014.

However, as your reports are likely to be over 2 years old the report writers &/or LA may argue they are not up to date, especially considering your DC is young.

The LA should have offered a MS place. Have you chased them?

The LA says they have just approached a school and the school has 15 days to respond. We have been here since the 15th of March.

Even if your child is not in school the LA still has a statutory duty to arrange the provision in Section F of the Plan. (Section 42 Children & Families Act 2014)

If there is no school place available they have to make the provision some other way.

Use the model letter here to complain:

www.ipsea.org.uk/complaining-when-the-provision-in-an-ehc-plan-is-not-being-made-model-letter-6

@Ellie56 thanks that is really helpful.