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DLa.. how recent do documents have to be?

3 replies

Kabsy30 · 04/04/2022 19:40

Applying for DLA for Dd. Despite having an EHCP I have not applied for her before, I just assumed she would be rejected as on paper it doesn't seem like she needs much hell with things but as she's getting older, it's getting harder. She's not officially diagnosed with anything. She's got traits of autism but it's more due to her speech, mobility etc.

Anyway, she has an EHCP. Although this has been reviewed in the last year or 2. My most recent copy is from 2019 when she started school. It's been reviewed within school but my local authority has not updated, I guess due to world load and pandemic.

Would an EHCP from 2019 still be accepted when the needs on it have probably changed slightly. She was 4-5 and now 6 nearly 7.

I've emailed LA to ask when her most recent review amendments will be done or if they have a more recent copy!

OP posts:
Imitatingdory · 04/04/2022 19:47

Yes, still send the EHCP. If you haven’t already have a look at the Cerebra guide.

An annual review of the EHCP must be held every year. If this haven’t happen complain to the LA’s Director of Children’s Services, if that doesn’t work threaten Judicial Review.

Kabsy30 · 04/04/2022 20:16

@Imitatingdory

Yes, still send the EHCP. If you haven’t already have a look at the Cerebra guide.

An annual review of the EHCP must be held every year. If this haven’t happen complain to the LA’s Director of Children’s Services, if that doesn’t work threaten Judicial Review.

Thank you. Never heard of the Cerebra guide. There has been 2 annual reviews held in school since the EHCP I have with the date on. I was unsure if it was the poor senco the school had or the LA to why it hasn't been done but seem it is the LA!

My eldest also has an EHCP and it has been updated but maybe they are pushing it though quicker as he is off the secondary in September. I had a lot more paperwork with his DLA form though. Barely anything for Dd due to the pandemic and not receiving reports etc 😪

OP posts:
Imitatingdory · 04/04/2022 21:16

There has been 2 annual reviews held in school since the EHCP I have with the date on.

Were these formal annual reviews or just in house school reviews? It is the LA who are ultimately responsible for ARs. Annual reviews should follow this process. You should receive a report within 2 weeks of the AR. Within 4 weeks the LA must inform you whether they are going to amend or not or cease to maintain, and send you the draft if they are going to amend. Then they must finalise any amendments within 12 weeks of the AR. If that hasn’t happened complain.

My eldest also has an EHCP and it has been updated but maybe they are pushing it though quicker as he is off the secondary in September.

Amended EHCPs for secondary phase transfer have to be finalised by 15th February.

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