EHCP issues

[Sunshinejoll]

Hi - had loads of issues with LA consisting of taking 7 months to do draft EHCP, then trying to push the final copy in two days whilst my advocate was on leave. This wasn’t specific or quantified. The LA then sent it to the wrong school. I only found this out as the wrong school phoned me clueless as to why they received it. I questioned with the LA and they said there was no data breach and that all children are entitled to mainstream within their catchment area. The school I chose WAS mainstream and in my catchment area. They then said there was an overlap due to his age and the EHCP and reiterated no data breach. Oddly after my complaint they said my son could have up to 32 hours of support a week. Has anyone been in this situation? Am I wrong in thinking I should get legal advice?

Is this a new EHCP? If so, you could have threatened Judicial Review in order to get the draft and subsequently the finalised version quicker.

If it is an existing EHCP that has been amended unfortunately there isn't a legal timescale for sending the draft, but once they have sent the draft they must finalise within 8 weeks. Again, if this isn't stuck to you can begin Judicial Review proceedings.

Is this part of a phase transfer?

The LA must allow you 15 days to make representations. If they don't you can complain.

Are the reports specific and quantified? As the provision in section F is taken from the reports if the reports and vague and woolly the EHCP will be too.

The LA can consult whatever schools they like in additon to your preference, they don't just have to consult your preferred school. It is not unusual for the LA to consult more than one school. Is the school they consulted your nearest mainstream, even if the other is still in catchment? It doesn't sound like there has been a data breach.

"Up to 32 hours support a week" means nothing. Too vague and woolly. DS could end up with no support and you couldn't enforce provision. It doesn't specify 1:1 either.

At this point you don't need legal advice, unless you specifically want to, of course. Have you looked at IPSEA and SOSSEN?

The school I chose was a mainstream and a placement was confirmed in April. This school is the exact same distance of the wrong school. I still don’t understand why they would send the report deliberately to the wrong school?

How should up to 32 hours read on an EHCP? Should it be 32 hours of 1:1 support by a TA?

It should specify that this is 1:1 support dedicated to your child, otherwise you will find the TA keeps getting diverted to help others.

Thank you - I have reached the end of my tether with this. I thought my advocate would do this.

Unless the EHCP was finalised in April, which doesn't sound like the case here, the place at your preferred school via the EHCP wasn't finalised in April. The place is only confirmed once the EHCP is finalised.

If you were offered a place in April as part of the normal admissions round for a place in reception or Y3 for September the school named in the EHCP overrides any place offered via the normal admissions round.

The LA can consult any school they wish in addition to your preference, it isn't a data breach. It may be to do with transport costs or whether the school can meet DC's needs, who knows.

Up to 32 hours support needs to be more detailed, specific and quantified. You need to drop "up to" otherwise you may get no support. The 32 hours needs to specify 1:1. Who is providing it - e.g. A TA, including what training, experience and qualifications the TA will have. What support will the TA provide and where here.

Who is your advocate? Does s/he have legal qualifications or experience?

I am going through Sensas. Not sure if they have legal experience

They do quite a lot of work for local authorities.

If the advocate is from the same service as the solicitor mentioned in your other thread then I would seriously question their knowledge.

They should know a vague and woolly EHCP isn't worth the paper it is written on and that it needs to be detailed, specific and quantified. They should know you can not defer a non summer born child for a whole year, only until the beginning of the term after their 5th birthday when they become CSA.

No the advocate is not from the same service. I contacted a solicitor because my advocate was away on holiday and the LA got his out of office on email and I feel they deliberately pushed the EHCP through to the final stage in two days and I had no support from anyone that’s why I contacted someone legal just for advice