My daughter's Draft EHCP is rubbish!

[TiredMum06]

So the LA have massively messed up with my daughter's ehcp, first issued when she was 3 in 2018, not annually reviewed until April 2021 then not finalised due to delays caused by covid restrictions. I had to remove my daughter from her school due to school failures, unmet needs and acts of discrimination towards her.

She's been out of school since March 2021. I requested a full reassessment of her needs in 2021, which was accepted. Her plan has only just been issued since then and it's massively unspecified, doesn't identify all her needs, hasn't included her OT Report in it. The ed psych report the LA did and it's really unspecific also.

I have no choice but to have it finalised and appeal B, F and I. She will no doubt be out of school another year whilst we wait for tribunal hearing. But I can have her assessed through legal aid to support her appeal.

It's just on thing after another. 3 years she will have been out of school due to multiple failures.

When you appeal let SENDIST know DD is out of education as these cases are prioritised. You need to email the Director of Children’s Services informing them you are not EHEing and they must arrange alternative arrangements to ensure DD receives a suitable, full time education (assuming DD is CSA) and anything specified and quantified in F (sadly anything vague and woolly can’t be enforced). If you are ignored or the provision isn’t forthcoming email again threatening judicial review. If that fails contact SOSSEN for help with a pre-action letter.

Unfortunately it was ill judged to deregister. By EHEing you relieve the LA of their duties to provide education and the provision specified and quantified in F. Whereas if you didn’t deregister but DD couldn’t attend school the LA would have to provide alternative arrangements.

The LA were in breach of their statutory duties not holding an AR every 12 months and for failing to comply with the reassessment of needs timescales. If this happens in future you can force them to comply, via judicial review if necessary.

Case law last year means LAs must now complete the AR process within 12 weeks. Again, if the LA doesn’t comply you can force them to via judicial review.